Mandatory Employer Advice: New Law Requires German Employers to Inform Foreign Hires About Free Immigration Advice (Effective January 1, 2026)
From 1 January 2026, a new obligation under German law requires employers to inform certain newly hired third-country nationals about their right to free advice on labour and social law. The information must be given no later than on the employee’s first day of work, in writing. It applies when the worker was recruited from abroad (residence or habitual residence outside Germany) and has a local German employment contract. Free advisory services under the new system are available from 1 January 2026 and are designed to be low-threshold. The aim is to protect foreign workers, help them understand their rights, and give access to professional guidance without cost.
What this means for you
If you’re an employee: If you’re a third-country national recruited from abroad and you start a job in Germany on or after 1 January 2026, your employer must give you written information on your first day about free advice on labour and social law (e.g. contract, pay, working hours, social security). Use it: the advice is free and independent. The main programme is “Faire Integration” (faire-integration.de), with centres in all 16 Länder. You can go even if your employer didn’t inform you.
If you’re an employer: For every new hire who is a third-country national with residence or habitual residence abroad when the contract is concluded, you must provide this information in writing by the first day of work. Use the official leaflets and contact details from Faire Integration, document that you gave the information (e.g. date, copy of leaflet, optional acknowledgment), and keep records. The obligation does not apply to cross-border placements under § 299 SGB III or to people already employed before 2026 or recruited inside Germany.
What Is the Mandatory Employer Advice Law?
The obligation is set out in § 45c of the Aufenthaltsgesetz (AufenthG): “Informationspflicht bei Anwerbung von Drittstaatsangehörigen.” Employers based in Germany who hire third-country nationals whose residence or habitual residence is abroad at the time of recruitment, and whose employment is in Germany under a German contract, must inform those employees about the possibility of free advice on labour and social law. The information must be provided in writing and at the latest on the first day of work (spätestens am ersten Arbeitstag).
The free advisory system itself is based on § 45b AufenthG and the Drittstaatsangehörigenberatungsverordnung (DBV). The Federal Ministry of Labour and Social Affairs (BMAS) runs the programme and commissions providers; the main nationwide offer is the “Faire Integration” network, which offers free, low-threshold counselling on labour and social law in all federal states. In selected third countries, pre-integration measures (e.g. language support) are also planned.
The law aims to protect workers from exploitation, improve knowledge of rights, support integration, and ensure that visa and work-permit rules are better observed by giving people access to qualified, independent advice.
Who Is Covered and Who Is Exempt
Covered: Third-country nationals (non-EU/EEA) who:
- have their residence or habitual residence abroad when the employment relationship is established,
- are recruited from abroad,
- and work in Germany under a local German employment contract (not as posted workers).
Exempt: The obligation does not apply when:
- the employment results from cross-border job placement under § 299 SGB III (e.g. certain cross-border temporary agency work or placement arrangements where the placement agency already has information duties),
- the person was already employed by the same employer before 1 January 2026, or
- the person was recruited inside Germany (e.g. already resident in Germany when hired).
EU/EEA citizens are not “third-country nationals” and are not within the scope of § 45c. If in doubt whether your situation is covered, check the law or ask an employer association, lawyer, or the Faire Integration advice centres.
What Employers Must Do
Provide Information in Writing by the First Day of Work
Employers must inform the employee in writing (e.g. on paper, by e-mail, or as an annex to the contract) no later than the first day of work. The information must include:
- that the employee has a right to free advice on labour and social law questions,
- contact details of the nearest advisory service (e.g. Faire Integration centre), and
- what the advice covers (labour law: contract, pay, working time, rights at work; social law: social security, health insurance, pension, unemployment).
Where available, information in the employee’s language and on language support or pre-integration measures (in selected third countries) can be included. The BMAS-funded programme “Faire Integration” provides standardised leaflets for employers and employees in several languages (e.g. German, English, Arabic, Turkish, Ukrainian, Russian) on faire-integration.de. Using these leaflets and adding the nearest Faire Integration centre’s contact details is a straightforward way to comply.
Document Compliance
Employers should document that they have provided the information: date, form (e.g. “information sheet handed over with contract”), and ideally a copy of the materials given. An optional written acknowledgment from the employee (e.g. signature on a short confirmation) helps prove compliance. Keep records for a reasonable period (e.g. for the duration of employment and for potential labour or administrative checks). There is no explicit statutory retention period in § 45c; keeping records for several years is good practice.
Do Not Interfere With Access to Advice
Employers must not discourage employees from using the advice, restrict access, or take any adverse action because an employee has sought advice. Seeking advice is a protected right. Any retaliation could lead to labour-law claims and, where applicable, reports to the labour inspectorate or other authorities.
What the Free Advice Covers
The statutory obligation refers to labour and social law, not “immigration law” in the narrow sense. In practice, the three areas often overlap (e.g. residence permit and work permit conditions, or rights during employment). The free advisory services under the DBV and the Faire Integration programme focus on:
- Labour law: Employment contract, pay, working hours, leave, termination, discrimination, works council, minimum wage.
- Social law: Health insurance, pension, unemployment insurance, family benefits, and how they apply to your situation.
Advisers can explain your rights and options and, where appropriate, refer you to migration advice, legal aid, or a lawyer. The advice is free, confidential, and independent of the employer. Many centres offer support in several languages or with interpreters.
How to Access Free Advice (Employees)
Faire Integration: The main nationwide programme is “Faire Integration” (www.faire-integration.de), funded by BMAS and the European Social Fund. It has advice centres in all 16 federal states. The website lists locations, contact details, and often languages. You can contact the nearest centre directly; you do not need a referral from your employer.
Other providers: Under the DBV, other approved bodies can also receive funding to offer the same type of advice. Employers may refer to the list of advisory services provided by the competent authority or on faire-integration.de. In some regions, migration advice (e.g. BAMF-funded Migrationsberatung) or welfare organisations (Caritas, Diakonie, AWO, etc.) also offer labour and social law advice or can refer you. For legal representation or court cases, legal aid (Beratungshilfe/Prozesskostenhilfe) may be available depending on income; Faire Integration and other centres can explain how to apply.
If your employer did not inform you: You still have the right to use the free advice. You can look up the nearest Faire Integration centre online or ask a trade union, migrant organisation, or local integration office. You may also report the employer’s failure to inform you to the labour inspectorate (e.g. Zoll – Finanzkontrolle Schwarzarbeit for minimum wage and illegal employment) or the competent Land authority.
Employer Compliance and Consequences of Non-Compliance
Employers should provide the information to every newly hired third-country national who falls within the scope of § 45c, document it, and keep records. Some commentaries note that § 45c itself does not currently specify administrative fines (Bußgelder); however, non-compliance can still be relevant in labour inspections, in disputes about rights, and for the employer’s general duty to inform and protect workers. Implementing a simple process (e.g. standard leaflet + contact details + dated record) reduces risk and ensures employees know their rights.
Compliance can be checked during routine or targeted labour inspections, through document reviews, or following reports by employees. Employers are well advised to use the official Faire Integration materials and to keep a clear paper trail.
Rights of Employees
Right to free advice: You are entitled to use the free labour and social law advice offered under the DBV/Faire Integration without any cost.
Independence and confidentiality: Advice is independent of your employer. Consultations are confidential; the adviser does not report to your employer.
No retaliation: Your employer must not disadvantage you for seeking advice. If you believe you have been penalised, you can contact an advice centre, a trade union, or a lawyer and, if appropriate, the labour inspectorate.
Language access: Information and advice should be available in your language where possible. Faire Integration and other centres often provide multilingual information and, where needed, interpreter support.
Practical Examples
IT professional from India: A software developer is hired from abroad by a German company and starts on 15 January 2026. On the first day, HR gives them the Faire Integration leaflet in English and the contact details of the nearest centre. The employee later visits the centre to ask about Blue Card extension and employment rights. The adviser explains the procedure and their rights. This is a typical case: recruited from abroad, German contract, so the employer was obliged to inform.
Nurse from the Philippines: A nurse is recruited from abroad and starts in a German hospital in February 2026. She receives the information sheet in English on her first day. She later uses the free advice to understand her options for family reunification in relation to her job and residence title. Labour and social law advice can include signposting to migration and family-reunification issues.
Worker already in Germany: A third-country national already living in Germany with a residence permit is hired by a new employer. Because their residence was in Germany at the time of recruitment, the employer is not under the § 45c obligation. The employee can still use Faire Integration and other free advice.
Posted worker under § 299 SGB III: A worker is sent to Germany by a foreign employer under a cross-border placement arrangement that falls under § 299 SGB III. The employer in Germany does not have the § 45c duty (the placement agency has its own information duties under SGB III). The worker can still contact Faire Integration or other advice centres on their own.
Frequently Asked Questions
Do all foreign employees have the right to free advice?
All third-country nationals who fall within the scope of the advisory programme (recruited from abroad with residence abroad, or already in Germany and working) can use the free labour and social law advice. The employer’s duty to inform under § 45c applies only to those recruited from abroad with residence/habitual residence abroad when the contract is concluded.
Can the employer tell me which adviser to use?
The employer must provide contact details (e.g. of the nearest Faire Integration centre) but cannot require you to use a specific adviser. You are free to choose among the approved advisory services.
What if my employer never gave me the information?
Your right to free advice does not depend on your employer having informed you. You can contact Faire Integration or another centre directly. You can also report the employer’s failure to comply with § 45c to the labour inspectorate or the competent authority.
Is the advice really free?
Yes. The advice under the DBV/Faire Integration programme is free. For court representation or other legal services, normal rules (e.g. legal aid) apply; the advice centre can explain.
Can I bring a translator?
Many centres offer multilingual advice or can arrange an interpreter. Check with the centre when you book an appointment.
Does this apply to me if I was already working for my employer before 2026?
No. The obligation applies to new hires. If you were already employed by the same employer before 1 January 2026, the employer does not have to give you the information under § 45c. You can still use the free advice.
Official Sources
Use these for the legal basis and official programme information:
Last checked: February 2026.
Next Steps
Employees: If you start a new job in Germany in 2026 and were recruited from abroad, your employer should give you the information on your first day. If they don’t, you can still contact Faire Integration (faire-integration.de) or another approved centre. Use the free advice to understand your contract, pay, and social security rights.
Employers: For every new third-country national recruited from abroad (residence abroad at contract conclusion), provide the written information by the first day of work using the Faire Integration materials and the nearest centre’s contact details, and keep a record. For more on employment and residence rules, see our guides on Section 19c salary threshold, Work and Stay Agency, and B1 and permanent residency.
