New information obligations for employers hiring workers from third countries

Since January 1, 2026, a new legal requirement applies to employers: when hiring third-country nationals from abroad for employment in Germany, employers must inform them in writing about the “Faire Integration” advisory service no later than their first day of work. The legal basis is the newly introduced Art. 45c of the German Residence Act (AufenthG). 

The purpose of this regulation is to improve access to labor and social law advice for newly arrived employees and, at the same time, to enhance legal certainty and fairness in employment relationships. 

Which employers are subject to the obligation? 

The information obligation applies to companies that: 

• have their registered office in Germany,  
• conclude an employment contract with third-country nationals (i.e., persons from outside the EU/EEA/Switzerland) who have their residence or habitual place of abode abroad, and  
• enter into an employment contract for work to be performed in Germany. 

No notification is required if the employment takes place within the framework of cross-border placement in accordance with Art. 299 of the German Social Code III (SGB III). 

What must employers do in practice? 

The information must be provided in text form no later than the first working day, for example, by email, as an attachment to the employment contract, or in a separate letter. It must include two key elements: 

1. Information regarding free counseling on labor and social law issues provided by “Faire Integration” (Art. 45b(1), sentences 1 and 2 of the Residence Act) and   
2. the contact information for the nearest local counseling center. 

For practical implementation, it is advisable to adjust onboarding processes accordingly: 

• Include a standard notice regarding the obligation to provide information in the hiring documents.  
• Use a contract template that documents both the notice and the relevant counseling center. 
• Update contact information regularly (available at www.faire-integration.de/beratungsstellen). 
• Obtain written confirmation from the employee that the notice was provided – appropriate templates are available from “Faire Integration.” 

“Faire Integration” also provides employers with information sheets that already include a nationwide overview of advisory offices. These materials facilitate compliance. 

Although a violation of Art. 45c German Residence Act is currently not subject to fines (Art. 98 German Residence Act), proper documentation (e.g., contract annex and acknowledgment of receipt) is nevertheless recommended in order to be able to demonstrate compliance with the information obligation. 

“Faire Integration” is a nationwide, government-funded counseling service providing guidance on labor and social law issues for third-country nationals. The program is funded and overseen by the German Federal Ministry of Labor and Social Affairs (“BMAS”). Counseling is provided by local agencies in each federal state and is free of charge and available in multiple languages. 

Conclusion 

The new information obligation under Art. 45c of the German Residence Act is another step toward creating fair conditions for employees recruited from abroad. For employers, this primarily means clear processes, proper documentation, and legally compliant communication during the recruitment process. 

We would be happy to assist you with the implementation of labor law requirements, the revision of your contract documents, and the integration of the new obligation into your HR processes. Please feel free to contact us!