Temporary employment and EU Blue Card
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Legally secure temporary employment with foreign skilled workers: The role of the EU Blue Card
Temporary employment, also known as temporary work, is a highly regulated sector in Germany. It becomes particularly complicated when foreign workers are involved. Strict legal requirements apply, and violations can result in significant fines and legal consequences for companies.
Anyone wishing to lend or hire foreign skilled workers must ensure that their residence permit permits this. Not all residence permits allow employment as part of a temporary employment contract – the EU Blue Card, however, allows for the legally secure use of temporary workers under certain conditions.
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3Why the EU Blue Card is ideal for temporary work
The EU Blue Card provides a clear legal framework. It allows qualified third-country nationals to be deployed flexibly when changing employers within the EU. It provides planning security for employers in the temporary employment sector. It protects both employees and hiring companies from legal risks.
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Temporary employment
What employers must legally observe
Temporary employment, also known as agency work or temporary work, is subject to strict legal regulations in Germany. Employing or hiring out workers as temporary workers generally requires a permit from the Federal Employment Agency in accordance with Section 1 (1) of the Temporary Employment Act (AÜG).
Companies must note that an activity is considered temporary employment if the employee is integrated into the user's work organization and subject to its instructions. Exceptions apply to small companies with fewer than 50 employees, subject to certain conditions.
Violations of the AÜG have serious consequences: invalidity of contracts between the temporary employment agency and the user, automatic creation of an employment contract with the user retroactively for the entire period of employment, liability for back wage payments and social security contributions, and possible fines of up to 30,000 euros for both parties.
Do you want to legally utilize temporary agency workers or determine whether your case involves temporary employment? Our labor and immigration law attorneys are available to assist you. Contact us for comprehensive advice and support in applying for a temporary employment permit from the Federal Employment Agency.
Temporary employment of foreign skilled workers
what companies need to consider
Temporary employment is subject to strict regulations in Germany – especially when foreign nationals are involved. Companies that employ or wish to hire skilled workers from third countries as part of temporary employment must comply with extensive labor and residence law requirements.
Principle: Employment only with permission
According to Section 4a of the Residence Act (AufenthG), foreign workers may only be employed if they have been expressly permitted to do so—usually through a valid residence permit without a work ban or through a separate work permit. Employers are obligated to verify these requirements before employment begins.
Temporary work is mostly excluded – but with important exceptions
According to Section 40, Paragraph 1, No. 2 of the Residence Act, the Federal Employment Agency's approval is generally refused if the foreign worker is to be employed as a temporary worker. This initially seems to rule out temporary assignment – but there are legally relevant exceptions.
EU Blue Card: Best option for legally secure temporary employment with foreigners
Anyone holding an EU Blue Card with a gross annual salary of at least €48,300 (2025) does not require approval from the Federal Employment Agency. This eliminates the ban on temporary employment, and temporary work is legally possible. This "big" EU Blue Card is therefore the safest and most effective solution for companies that want to supply qualified specialists from abroad – especially when recruiting directly from abroad.
Even without a Blue Card, certain groups of people can legally work as temporary workers - for example, holders of a residence permit who have already been employed subject to compulsory insurance for two years (Section 9 (1) of the Employment Ordinance), foreigners with a residence permit, toleration or permission to remain who have been legally residing in Germany for at least three years (Section 9, Section 32 of the Employment Ordinance), people with a settlement permit for skilled workers (Section 18c of the Residence Act), IT specialists, researchers, university staff and certain special activities such as crew members, wind farm builders, professional athletes or models (Sections 5, 22, 24, 24b of the Employment Ordinance).
Arrange an initial consultation with our lawyers now – we will accompany you from the planning to the successful implementation of your international HR strategy!
Violations of the law in temporary employment with foreigners
These penalties threaten
The temporary employment of foreign workers is a legally extremely complex undertaking. Without a valid residence permit or work permit, preferably in the form of an EU Blue Card, both the temporary employment agency and the temporary employment agency can face serious legal consequences.
Temporary employment agencies that supply foreign workers without the required permit risk severe penalties under Section 15 (1) of the Temporary Employment Act, including fines or imprisonment of up to three years. For serious violations, such as commercial illegal temporary employment, imprisonment of up to five years is possible.
Hiring companies also face significant risks in the event of violations. They can be fined up to €500,000, even for negligent conduct. Repeated illegal employment can result in imprisonment of up to one year. Hiring companies that employ more than five foreign workers illegally can face up to three years in prison. In addition, unfair working conditions compared to German workers can be punished with imprisonment of up to three years, and in serious cases even up to five years.
To minimize these risks, the EU Blue Card offers a legally secure solution for the temporary employment of skilled foreign workers. Our labor and immigration law attorneys are available to provide comprehensive advice and ensure your temporary employment arrangements are legally compliant.
Legally compliant temporary employment with foreign skilled workers
Legally compliant temporary employment with foreign specialists is a complex issue that companies must carefully consider. The temporary employment of workers from third countries offers an important opportunity to address the shortage of skilled workers, albeit subject to strict legal requirements.
Our experienced labor and immigration law attorneys provide comprehensive support to companies in this area. We help review the legal requirements for temporary employment, ensure that foreign employees have the necessary residence permits, and, if necessary, apply for approval from the Federal Employment Agency. The EU Blue Card, which enables companies to legally deploy skilled workers from third countries, is particularly important.
Our goal is to help you employ foreign specialists without risking fines, penalties, or regulatory hassles. If you want to employ IT or other specialists through temporary employment, we are at your side with our expertise – from selecting the right residence permit to working with the Federal Employment Agency.
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