Neue EU-Richtlinie zu Arbeitsmigrationsprozessen

Impact on labor migration processes since the new EU directive

Has the implementation of the EU Directive on transparent and predictable working conditions into the German Evidence Act had any impact on labor migration processes?

The new regulation in the Evidence Act on transparent and predictable working conditions, which comes into force on August 1, is based on a 2019 European Union directive. Member states were requested to implement the directive into national law by the end of July this year.

That's why we're facing a new regulation that once again requires real signatures on employment contracts—or so the rumors say. And I thought this would have a major impact on our work, as we'll have to send original contracts all over the world again—which is becoming increasingly difficult due to the ongoing pandemic. I was worried that German embassies might refuse to accept official digital signatures on documents like employment contracts and detailed job descriptions because of the new law.

But it looks as if this will not be the case. The regulations are about transparent working conditions and making contract details visible. This includes the contract being signed at some point (no later than one month after the start of employment – https://www.gesetze-im-internet.de/nachwg/__2.html), but not immediately before the third-country national employees have a visa in hand. Furthermore, due to the directive and the implemented law, the contract is already guaranteed to be valid with the company's signature – making it even easier for the foreign employee to visit the German embassy abroad. And even though there is ongoing discussion about whether this represents a step towards or away from digitalization – Section 126a of the German Civil Code – https://www.gesetze-im-internet.de/bgb/__126a.html – was not touched at all.

Embassies can therefore no longer force foreign workers to show up for visa appointments with original "wet-ink" contracts. This sounds like good news to me, as I feared that the new law could change the entire process of bringing international talent to Germany.