Factsheet for measure
DE-2023-44/3465
– measures in Germany
Skilled Workers Immigration Act
Fachkräfteeinwanderungsgesetz
Background information
According to a survey of the ifo Institute, in 2023 more than 30% of the companies in the construction sector were dealing with skilled labour shortages which also affects the green and digital transformation of the sector. The construction companies regard labour immigration as one pillar to address labour shortages in the construction sector. In August 2023, the German federal government revised the 2020 Skilled Workers Immigration Act. The revision is deemed to be relevant for sectors with skill shortage, including the construction sector.
Content of measure
The 2023 revision of the Skilled Workers Immigration Act includes a number of measures with relevance for sectors with skill shortage and with particular relevance for the construction sector. The measures include, among others: for the Blue Card, the list of "bottleneck occupations" will be further completed, among others with construction managers; for all qualified workers, the restriction will be waived that an immigrant worker can only work based on the qualifications conferred by the professional qualification.
The options for staying in Germany to take part in qualification measures are expanded from 18 to 24 months, with a possible extension to up to three years.
The permit for part-time employment during qualification measures will be increased from 10 to 20 hours per week.
The employment of people with strong practical professional experience is being expanded: workers must have a vocational or university qualification that is recognised by the respective training country.
The so-called "Western Balkan Regulation" (allows workers from Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia and Serbia to take any type of employment in non-regulated professions) will be extended and the annual quota will be increased from 25,000 to 50,000 from June 2024.
Use of measure
Data of the Federal Statistical Office (DESTATIS) evaluating the labour immigration before the 2023 reform show that based on the so-called “Western Balkans Regulation”, around 62,000 non-EU nationals were staying in Germany with a residence permit for employment purposes at the end of 2022. That was 16,000 or 35% more than the previous year. By the end of 2023, the number had risen by 22% compared to the end of 2022, reaching 76,000. This accounted for 18% of the approximately 420,000 people registered in Germany with a temporary residence permit for employment purposes in 2023.
Target groups
Actors and funding
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Actors
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Funding
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National government
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Companies
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Social partners
Social partners' role in
designing the measure
and form of involvement:
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Trade unions
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Employers' organisations
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Role
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Consulted
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Consulted
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Form
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Direct consultation outside a formal body
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Direct consultation outside a formal body
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Social partners' role in the
implementation, monitoring and assessment phase:
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No involvement
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Main level of involvement: Sectoral or branch level
Involvement
Social partners from the construction sector and federal umbrella organisations of the employers and trade unions participated in the open consultation process with written statements.
Views and reactions
The Industrial Union Construction, Agriculture, Environment (IG BAU) emphasises that it must be ensured by a collective agreement clause that employees from third countries are employed under fair conditions that are guaranteed by collective agreements. This would be particularly important after employers have abolished the sectoral minimum wage. IG BAU particularly commented on the unlimited continuation and expansion of the so-called "Western Balkan Regulation". IG BAU is critical about the measure and fears that without without sufficient regulation wage dumping could occur, especially because workers arriving within this regime do not need any formal qualification.
On the employers side, the Central Association of the German Construction Industry (ZDB) welcomes the new regulation and especially the fact that workers coming in the framework of the "Western Balkan Regulation" do not need to be formally qualified for jobs in the construction sector. The ZDB criticies that other parts of the the law foresee too high qualification requirements which would not match the needs of the construction companies.
Sources
