Employer information duty for international recruitment under Section 45c

What Section 45c requires from an employer

The statutory core is concise. Where an employer established in Germany concludes an employment contract with a third-country national whose residence or habitual residence is abroad for work to be performed in Germany, the employer must indicate the possibility of information or advice under Section 45b(1), sentences 1 and 2, of the Residence Act. The notice must be given in text form no later than the first day on which work is performed. It must include at least the current contact details of the advisory centre closest to the workplace. Official information for employers is available from Gesetze im Internet.

The relevant service is nationwide, free of charge and designed to be readily accessible. It provides third-country nationals with information and advice on labour and social law. The duty gives employees an independent, accessible source of information. Employers do not conduct the advice themselves, control its content or require the professional to use it. They must, however, organise a correct, timely and demonstrable notice.

The Act states that the duty does not apply where there is cross-border placement within the meaning of Section 299 of Book III of the German Social Code. Whether this exception applies to a particular recruitment model should not be inferred solely from the label of a provider or project. Employers should assess the actual facts and current law. Voluntary transparent information may remain useful even where a statutory duty does not apply.

• Notice no later than the first day of work
• Delivery in text form
• Current contact details of the nearest advisory centre
• Assess any Section 299 SGB III exception in the individual case

Implement text form and content correctly in practice

Text form means providing a readable declaration on a durable medium while making the declarant identifiable. In practice, this may be a personalised email, an electronically supplied document or a written onboarding sheet. An exclusively oral reference is insufficient. Employers should choose a delivery method that the new employee can actually access and read again later.

The notice should identify the advisory service understandably, explain that it is free and concerns labour and social law, and provide current contact details for the centre closest to the specific workplace. Details can include name, address, telephone, email and website where available. A generic home page without local allocation may not satisfy the expressly stated minimum content. The correct centre should therefore be identified through the place of work before each notice is sent.

The statutory wording does not expressly make translation a minimum element. In practice, however, the notice should be designed so that the employee understands its purpose. A clear German version and, where helpful, an additional comprehensible language version support effectiveness. Employers should quality-check translations and identify which version is authoritative. Access to the service must not depend on a signature, consent or internal approval.

• Use a personalised, readable and storable notice
• Name the service and local contact details clearly
• Use the place of work rather than corporate headquarters for proximity
• Consider an understandable additional language version

Document compliance without collecting unnecessary data

Employers should record when, by whom, through which channel and with what content the notice was delivered. For email, the sent message, attachment and timestamp can be retained in the personnel record. An onboarding system should log the document's availability. An acknowledgement of receipt may support the record, but it must not delay access or be presented as consent to the advisory service.

Compliance does not require gathering information about whether advice was actually used. Whether a professional contacts the service, what they discuss and the outcome do not belong under employer control. Data minimisation is therefore part of the process. Only information required for the duty, evidence and normal HR administration should be retained, protected by appropriate access rights and retention rules.

Businesses with several locations need a maintained allocation between workplace and advisory centre. A central template can be combined with a location field. Responsible staff should check at fixed intervals and before each delivery whether the address and contact channels remain current. Outdated contact details may undermine the statutory minimum content even if the rest of the template is correct.

• Record delivery date, content, recipient and channel
• Do not collect information about use or content of advice
• Update location-specific contact details regularly
• Limit access and retention within the HR process

Treat the information duty as part of fair integration

The statutory notice is a minimum step. Fair international recruitment also requires clear information on tasks, compensation, working hours, location, accommodation, possible costs and procedures. Employees should understand which body is responsible for what and whom they can contact with questions. Independent advice complements workplace contacts, works councils, trade unions and other support pathways without replacing them.

Managers should not treat the notice as a signal of distrust. Independent advice can remove misunderstandings and explain rights and responsibilities. This benefits employers too, because conflict need not escalate before questions are resolved. Companies seeking to retain international professionals create an environment in which questions about contracts, social insurance, working time and cooperation can be raised factually.

DACHma Talent does not connect the information duty with outcome promises. Projects may point employers to necessary tasks and official information. Compliant implementation in the company remains the employer's responsibility. Legal uncertainty requires qualified individual advice. This clear separation of roles protects the credibility of everyone involved.