Germany Employer Compliance & Notification Duties

With Germany still in the process of reforming its Skilled Immigration Act, 2026 will cause a paradigm shift regarding how businesses would have to handle foreign talent. Starting January 1, 2026 it will no longer suffice that one hires a third-country national but rather the employer has an active legal responsibility of safeguarding and educating employees.

Inability to balance these new notification responsibilities does not only lead to paperwork, it also leads to administrative fines of up to 30,000 euros and may even put your subsequent visa sponsorship at risk as a reliably employing employer. This book is a step by step guide of what HR managers and business owners must do to stay afloat in this new age.

The “2026 New Duty”

The greatest evolution to be had is the establishment of an informational requirement as compulsory by 2026. This fair integration obligation aims at eliminating exploitation by making the foreign worker aware of their rights the instant they set foot on German soil.

The Notice Requirement of Advisory.

Section 45c of the Residence Act (Authentic) establishes that when hiring Third-Country Nationals, Employers are required to issue a Written Rights Notice when the recruitment was done on an international basis.

To whom it applies: Foreign employees that have been hired when they live in a foreign country other than Germany but are issued with a local German employment contract.
The Deadline: The notification should be submitted not later than the first working day of the employee.
The Content: You are to notify the worker of the free, multilingual labor and social law advice by the nationwide, so-called Fire Integration Advisory Service.

It is strongly suggested that to meet this need, the official templates offered by the Federal Ministry of Labor and Social Affairs (BMAS) should be used.

The “Stay Legal” Pillar

In addition to the new 2026 requirements, a few of the so-called evergreen obligations of Section 4a para. 5 Authentic impose severe punishment in case they are disregarded.

Checking and Record Keeping.

Checking of Residence Title: Before the worker commences employment, you need to check and copy his/her residence permit or visa.
Document Retention Period (3 Years Rule): You have the legal obligation to retain a digital or physical copy of the title to the residence the entire life of the employment and an extra three years after the contract is terminated.

The 4-Week Termination Rule

In case the employment of a foreign worker is terminated sooner than was indicated in his or her permit, the employer owes a Premature Termination Notification obligation. You shall notify the local within a period of four weeks of knowledge on the termination.

Salary Thresholds and EU Blue Card 2026.

In the year 2026, Salary Threshold Monitoring is a perpetual employment. When the wages received by an employee decrease as a result of the change in their hours or contract conditions, which is to be less than the legal minimum wage of the country, the employee can be deprived of their residence, and your company will be responsible in the crime of illegal employment.

Second-tier Blue Card: €50,700 (gross annual).
Shortage Occupations & New Entrants: €45,934.20.
IT Specialist Experience Verification: You will need at least two years of relevant professional experience that you will vet and document (reduced to three years in 2025).

2026 Compliance Checklist

On-boarding: Check the original residence permit, and keep a copy somewhere.
Day One: Release the Section 45c notice about the Fire Integration service and elicit a signed receipt.
Salary Check: Have the gross pay of at least the minimum requirement of the annually gross pay, which is the EU 50,700 or 45,934.20.
Audit Prep: Select a date in your HR program to delete the documents after 3 years of employment.
Dismissal: Have a calendar reminder to remind you within 28 days in case the hire quits.

FAQ

Is the current case covered by the Section 45c notice on infra EU transfers?

Technically, it is extended to the cases of third-country nationals who have been hired outside Germany. Nevertheless, the majority of Global Mobility managers implement the notice to transfer all non-EU to ensure the Audit Readiness and prevent case-by-case mistakes.

What will be the case in case I fail to meet the 4-week termination deadline?

This is regarded as a management crime. Although this may not attract a warning when it happens once, the penalty may include a fine of 30,000 Euros and a prohibition on the use of the Fast-Track Procedure on Skilled Workers.

Conclusion

On January 1, 2026, with the introduction of Section 45c of the Residence Act, there is a significant change in the German immigration policy, which has previously been concerned with the access of immigration, but now pays attention to the fairness. To the employer, it implies that compliance is not a single undertaking during the hiring time. This is a constant verification, information and reporting life cycle.

Disclaimer:

The article is informative and educational in nature. It is recommended that readers should check with reliable sources, e.g., with the Federal Ministry of Labor and Social Affairs (BMAS) or a certified lawyer, before coming to business or compliance decisions..