With Section 45c of the Residence Act, the legislator has introduced a new, expressly standardised obligation to provide information for employers who recruit workers from third countries from 1 January 2026. In future, employers must inform these employees in text form at the latest on the first day of work that they can take advantage of state information and advice services on labour and social law issues.
In addition, they must provide employees with at least the current contact details of the responsible counselling centre. The provision is directly linked to the conclusion of an employment contract and makes it clear that recruitment from abroad is not only a personnel management task, but also a legally relevant organisational task.
In this article, lawyer and specialist lawyer for migration law Björn Maibaum informs about the new obligation to provide information pursuant to Section 45c of the Residence Act, which will apply to employers from 1 January 2026. He explains who the regulation affects, why the legislator introduced it and how companies can implement it in a practical way with standardized onboarding processes and clean documentation.
What new obligations will employers have as a result of Section 45c of the Residence Act from 2026?
With Section 45c of the Residence Act, the legislator introduces for the first time an explicit obligation to provide information for employers when recruiting workers from abroad. The provision reads:
Section 45c of the Residence Act: Obligation to provide information in the case of recruitment from abroad
Sentence 1: If an employer established in the Federal territory concludes an employment contract with a third-country national domiciled or habitually resident abroad for the purpose of performing work in Germany, he must inform the third-country national in text form on the first day of the work at the latest of the possibility of obtaining information or advice pursuant to the first sentence of Paragraph 45b(1) of the [AufenthG].
Sentence 2: He must at least provide the current contact details of the counselling centre nearest to the workplace.
Sentence 3: The employer’s obligation to provide information does not apply in the case of a cross-border placement within the meaning of Section 299 of the Third Book of the Social Code.
Right of residence as part of corporate responsibility
The employment of foreign skilled workers has long been a reality for many companies. In many industries, the recruitment of qualified personnel from third countries is no longer the exception, but a central component of the personnel strategy. At the same time, the legislator has reformed the right of residence several times in recent years, not only facilitating access to the German labour market, but also redistributing the duties of the actors involved. Employers are increasingly coming into focus.
With the new § 45c Residence Act, this development will be consistently continued. From 1 January 2026, employers will be legally obliged to actively point out existing information and advice services to certain employees recruited from abroad. This is the first time that an obligation to provide information that is relevant to residence law and which is directly linked to the conclusion of an employment contract is expressly standardised.
Legislator reacts to information deficits of foreign employees
The background to the new regulation is the realisation that many third-country nationals have insufficient knowledge of their labour and social law situation when they enter the German labour market. There are often uncertainties about rights and obligations in the employment relationship (e.g. holiday entitlements, termination or termination of employment relationships, forfeiture of remuneration), social security issues (e.g. unemployment benefits) or the consequences of certain changes in the employment relationship under residence law. These information deficits can not only lead to individual disadvantages, but also create structural risks for employers.
The legislator assumes that employers are in a key position to provide access to reliable information. They are usually the first domestic point of contact for workers recruited from abroad and can directly influence the timing and form of information. It is precisely at this interface that Section 45c of the Residence Act ties in and obliges employers to refer to existing state-organised counselling services, but without assigning them the role of legal advisor.
New obligation to provide information instead of legal advice
It is important to clearly classify this new regulation. Employers are not obliged to provide legal information themselves or to carry out individual assessments of labour, social or residence law. Responsibility for content-related advice continues to lie with specially established offices. The employer’s obligation is limited to informing the employee of these possibilities and giving him access to the relevant information.
It is precisely this differentiation that is of considerable importance in practice. The aim of the new regulation is not to burden employers with additional legal review obligations, but to ensure that foreign employees learn about existing support services at an early stage. At the same time, however, the formal responsibility of companies to provide this information in a timely and verifiable manner is increasing.
Why employers should deal with Section 45c of the Residence Act at an early stage
Even though the new obligation to provide information does not come into force until 1 January 2026, an early discussion is strongly recommended. The provision is clearly formulated and leaves little room for manoeuvre as to whether and when a notification must be given. Companies that regularly recruit skilled workers from abroad must adapt their recruiting and onboarding processes in order to reliably meet legal requirements.
At the same time, the introduction of Section 45c of the Residence Act clearly shows that the right of residence is increasingly understood as part of corporate compliance. Those who prepare in good time not only minimise legal risks, but also create clear and transparent structures in dealing with foreign workers.
Why was Section 45c of the Residence Act introduced and what is the legal background to the obligation to provide information?
The introduction of Section 45c of the Residence Act is part of a fundamental change of perspective in German residence law. The legislator now assumes that the immigration of workers from third countries is not a temporary phenomenon, but remains necessary in the long term to stabilise the labour market. Accordingly, the right of residence has not only been liberalised in recent years, but also systematically developed. The focus is increasingly on the question of how foreign workers can be integrated into the German labour market in a legally secure, informed and sustainable manner.
A central problem in practice is that third-country nationals often have only limited knowledge of German labour and social law when they enter into an employment relationship. This applies in particular to questions about working conditions, protection against dismissal, social security or the consequences of a change of job or dismissal under residence law. The legislator sees this as a structural risk for the affected employees and employers, who can unintentionally get into legal grey areas.
State counselling services as a core instrument of integration
Against this background, the legislator has created nationally organised information and counselling services that are specifically tailored to labour and social law issues of third-country nationals. These services should be low-threshold, free of charge and accessible as early as possible. The aim is to enable foreign employees to understand and exercise their rights and obligations in the employment relationship.
These state advisory structures are aimed at people who are already working in Germany or are looking for employment, as well as at workers who are still abroad and want to take up work in Germany. The consulting approach is thus deliberately shifted before the actual start of work in order to reduce typical information deficits in advance.
Section 45c of the Residence Act forms the connecting element between the state and the employer.
The Skilled Immigration Act and other legislative reforms in recent years have simplified visa and residence permits, so that protective mechanisms against exploitation have become necessary at the same time. Section 45b (1) of the Residence Act therefore prescribes a nationwide accessible consultation option on topics such as employment contracts, wages, protection against dismissal and social benefits. The introduction of section 45c of the Residence Act takes into account the fact that the existence of state counselling services alone is not sufficient if these services do not in fact reach the target group.
The legislator assumes that employers play a key role in conveying this information. They are in regular direct contact with employees recruited from abroad and play a key role in determining the time when they start work. Therefore, according to Section 45c sentence 1 of the Residence Act, employers must provide their new employees with the contact details of the nearest office in text form from 2026 at the latest on the first day of work.
However, Section 45c of the Residence Act does not oblige employers to provide their own advice, but to ensure access to existing services. The standard thus acts as a connecting element between state information structures and company practice. Employers are obliged to provide the first impetus for information without taking on the role of an advisory body themselves.
Protective function and risk minimization for all parties involved
The legal obligation to provide information pursues several protective directions at the same time. Foreign workers are to be protected from exploitation, discrimination and wrong decisions that can result from a lack of knowledge of the law. At the same time, the regulation also serves to protect domestic employees by preventing unfair competition and wage dumping.
For employers, Section 45c of the Residence Act creates a clear legal guardrail. The standardised obligation to provide information makes it clear what responsibility companies bear in the context of recruitment from abroad and where this responsibility ends. Those who properly provide the legally required information reduce the risk of later being confronted with the accusation that problems under residence law or labour law have been accepted with approval.
Classification in the increasing compliance relevance of the right of residence
Section 45c of the Residence Act finally makes the right of residence an integral part of corporate compliance. The provision makes it clear that the legally secure employment of foreign employees is not only guaranteed by the presentation of a residence permit, but also triggers organisational obligations in the company.
For companies, this means that in the future, residence law issues will have to be even more closely interlinked with personnel processes, the recruitment of skilled workers from abroad, onboarding structures and internal documentation obligations. Section 45c of the Residence Act is therefore less to be understood as an isolated individual provision and more as an expression of a more comprehensive regulatory concept that focuses on transparency, prevention and early information.
Which employers and employees are subject to the obligation to provide information under Section 45c of the Residence Act?
The obligation to provide information under Section 45c of the Residence Act is aimed at employers based in Germany who conclude employment contracts with third-country nationals. Neither the size of the company nor the industry in which it operates is decisive. The only decisive factor is that a domestic employer employs a person from a third country to perform work in Germany. Thus, the regulation covers large companies as well as small and medium-sized enterprises, start-ups and craft companies.
The nature of the employment relationships also plays no role in the applicability of the provision. The obligation to provide information applies regardless of whether it is a permanent or fixed-term employment relationship, a full-time or part-time position or the employment of a qualified specialist or other worker. Companies cannot therefore rely on the fact that it is merely a short-term or subordinate employment.
Third-country nationals residing abroad as a protected target group
On the employee side, Section 45c of the Residence Act only covers third-country nationals who have their domicile or habitual residence abroad and come to Germany for employment. Persons who are already lawfully resident in the Federal territory and conclude a new employment contract here do not fall within the scope of this provision.
The focus is on employees who are still outside Germany before taking up employment and therefore typically have a particularly high need for information. Especially in this phase, there are often uncertainties about labor law framework conditions, social security obligations and the practical design of the employment relationship in the German legal system.
Differentiation from EU citizens and equivalent groups of people
It does not cover nationals of the European Union, the EEA area and equivalent groups of persons who have access to the German labour market by virtue of freedom of movement or special legal status under EU law. For these people, there are regularly different information structures and the risk of misconceptions about residence law is lower.
The legal obligation to provide information is thus focused specifically on third-country nationals for whom the right of residence, labour law and social law are particularly closely interlinked and wrong decisions can have significant legal consequences. This deliberate restriction illustrates the protective nature of the provision and its focus on employees who are particularly in need of information.
Time of starting work as a decisive starting point
Section 45c of the Residence Act links the obligation to provide information to the start of work in Germany. The employer must issue the notification no later than the first day of commencement of work. This is to ensure that the employee becomes aware of existing counselling services at an early stage and, if necessary, can still use them in the initial phase of the employment relationship.
In practice, there is a lot to be said for giving the notice before starting work or as part of onboarding. However, this does not change the fact that the statutory minimum standard must be met at the latest when the activity begins. Employers should therefore plan this time firmly in terms of organisation.
When the employer’s obligation to provide information is waived by way of exception
The obligation to provide information pursuant to Section 45c of the Residence Act does not apply if the employee is recruited in the context of a cross-border placement and a corresponding obligation to provide information has already been fulfilled by an intermediary body such as the Employment Agency. In these cases, the legislator assumes that the employee has already been sufficiently informed and that an additional notice by the employer is not necessary.
However, it is important for employers to carefully consider this exemption. In cases of doubt, it is advisable to give and document the notification anyway in order to avoid legal uncertainty. The provision is deliberately narrow and allows only limited exceptions.
What are the consequences for employers in the event of violations of Section 45c of the Residence Act?
The obligation to provide information under Section 45c of the Residence Act is not a mere regulatory provision, but a binding legal obligation. Employers who do not provide the necessary information, do not provide it in time or do not provide it in the prescribed form are acting unlawfully. Even though the provision itself does not contain detailed provisions on sanctions, it is embedded in the existing system of the right of residence and has considerable legal effect there.
A violation can become relevant in particular in the context of official audits. Residence controls and inspections by customs or other competent bodies are increasingly taking into account the organisational obligations of employers. The lack of or insufficient fulfilment of the obligation to provide information can be considered as disorderly conduct and result in corresponding consequences.
Fines and indirect liability risks
For employers, there is a risk that violations of Section 45c of the Residence Act will be punished with fines, even if these are not explicitly provided. In addition, indirect liability risks may arise, for example if the employee has problems with residence law as a result of failure to provide information, which lead to impermissible employment. In such constellations, the employer quickly becomes the focus of official investigations.
It is particularly problematic that the question of breach of duty often only arises after the fact. If there are ambiguities under residence law or official measures against the employee, it is regularly checked whether the employer has properly complied with its information obligations. A lack of documentation can then have considerable disadvantages.
Burden of proof and documentation as key risk factors
In practical implementation, the greatest risk is not so much the information itself, but rather its verification. In case of doubt, employers must be able to prove that they have provided the legally required notice in good time and in text form. If this proof is not successful, there is much to suggest that a violation is assumed.
Against this background, documentation is of central importance. Only those who provide the information in a standardised manner and document it in a comprehensible manner in the personnel file can exonerate themselves in an emergency. The obligation to provide information under Section 45c of the Residence Act thus becomes a classic compliance issue in which organizational diligence is crucial.
Preventive effect through clear processes
The risks associated with a violation of Section 45c of the Residence Act can be largely avoided through clear and simple processes. Companies that introduce standardized information at an early stage and firmly integrate it into their hiring and onboarding processes not only reduce their liability risk, but also create legal certainty in dealing with foreign employees.
Precisely because the legal requirements are clearly outlined, preventive implementation is quite possible in practice. Those who prepare early avoid unnecessary legal disputes and at the same time strengthen their own compliance structure.
How can employers implement the obligation to provide information under Section 45c of the Residence Act in practice?
Implementation requires less new legal reviews and more clear organizational integration into existing HR processes. Companies should already recognize during recruiting whether it is a matter of hiring a third-country national from abroad. In these cases, the notice must become a mandatory part of the hiring and onboarding process.
In practice, it is advisable to provide the relevant information together with other mandatory information at the beginning of employment. This ensures that the legal requirement is fulfilled by the first day of work at the latest and is not overshadowed by other administrative tasks.
Standardised notices in text form are a legally compliant solution
Since Section 45c of the Residence Act expressly requires text form, employers should rely on standardised information forms. A uniform information sheet that informs employees about the existing information and advice services and contains the necessary contact details is usually sufficient. It is important that the information is documented in a comprehensible manner and is permanently stored in the personnel file.
A standardized solution not only reduces the administrative effort, but also minimizes the risk of errors or incomplete notes. Especially in the case of regularly recurring hires from abroad, this creates legal certainty and clear processes.
Clear responsibilities and internal training are crucial
In order to reliably comply with the obligation to provide information, companies should define clear internal responsibilities. HR employees should be familiar with the basic features of the new legal obligation and know in which cases a notification is to be given.
Short internal training courses or guidelines can help to create the necessary awareness and avoid uncertainties in dealing with the new regulation. The aim is not to impart detailed knowledge of residence law, but to ensure compliance with the formal requirements.
Legal support to secure the processes
Especially when implementing Section 45c of the Residence Act for the first time, legal support can be useful. The support of a lawyer specializing in residence law, such as Björn Maibaum, a specialist lawyer for migration law, enables employers to review their existing recruiting and onboarding processes in a legally secure manner and to adapt them in a targeted manner. This includes, in particular, the development of suitable information forms, the legal classification of atypical case constellations and the coordination of internal responsibilities.
Early legal support helps to avoid implementation errors and to permanently integrate the obligation to provide information into a functioning compliance structure. Companies benefit not only from legal certainty, but also from clear and practical processes for dealing with foreign employees.
Conclusion: The most important points on Section 45c of the Residence Act at a glance
- New legal obligation to provide information from 1 January 2026: With Section 45c of the Residence Act, the legislator introduces for the first time a binding obligation to provide information for employers who recruit workers from third countries from abroad. According to the new law, the notification must be made on the first working day at the latest and must be given in text form.
- Employers must inform, not advise: The obligation is limited to pointing out existing state information and counselling services in labour and social law (e.g. termination or termination of employment relationships, holiday entitlements, unemployment benefits, etc.) and providing the contact details of a competent counselling centre. Separate legal advice or examination by the employer is not required.
- Almost all companies with foreign recruitment are affected: Regardless of the size of the company, industry or type of employment relationship, the obligation to provide information applies to all employers based in Germany who employ third-country nationals from abroad. The only exceptions are certain cases of cross-border placement by the Employment Agency, for example.
- Violations can trigger legal and economic risks: Even if Section 45c of the Residence Act does not regulate its own sanctions, a violation can become relevant in the context of official inspections and lead to fines or liability risks. Particularly critical is a lack of or insufficient documentation of the duty to provide information.
- Early organizational preparation creates legal certainty: Companies should adapt their recruiting and onboarding processes in good time, introduce standardized information and define clear responsibilities. In this way, the obligation to provide information can be fulfilled efficiently and permanently integrated into a functioning compliance structure.
Prepare the employer’s duty to provide information now in a legally secure manner
The introduction of Section 45c of the Residence Act shows that the right of residence is increasingly becoming part of corporate responsibility. Those who act early avoid legal risks and create clear structures for dealing with foreign workers.
Lawyer and specialist lawyer for migration law Björn Maibaum supports employers in the legally compliant implementation of the new reporting obligation, the design of suitable information forms and the adaptation of existing HR processes. Feel free to contact us and arrange a consultation appointment to prepare your company optimally for the new legal requirements.
