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Attracting and Protecting Seasonal Workers from Third Countries , , Study by the German National Contact Point for the European Migration Network (EMN)
Source: BAMF
Seasonal sectors of the economy – such as agriculture – are often dependent on seasonal workers. The national EMN study describes the recruitment and working conditions of seasonal workers in Germany. It provides an overview of the most recent situation and developments on seasonal workers in terms of legislation and policy in Germany.
Employment of foreign seasonal workers in Germany
Unlike in many other EU Member States, the demand for seasonal workers in Germany has so far been met mainly by EU nationals, in particular from Romania. According to the employers' associations there has been a decline in EU nationals' interest in seasonal work in Germany – especially in the agricultural sector in recent years. They therefore anticipate that there will an increasing demand for seasonal workers from third countries in the future.
Attracting seasonal workers: initial placement agreements with third countries
While workers from EU Member States do not need a work permit, the admission of foreign seasonal workers from third countries requires bilateral placement agreements to be concluded between the Federal Employment Agency and the ministry of labour or an appropriate institution in the respective country of origin. Germany transposed the EU Seasonal Workers Directive and concluded a first placement agreement with Georgia in early 2020. However, the placement of seasonal workers in agriculture, which was planned as a pilot project from May 2020, was postponed due to the outbreak of COVID-19.
Working conditions and measures to safeguard the rights of seasonal workers
The bilateral cooperation agreement concluded between the Federal Employment Agency and the labour ministry of Georgia is based on the EU Seasonal Workers Directive, which is intended to ensure the protection of the rights of seasonal workers. The workers employed in the Federal Republic of Germany in this context may not, as a matter of principle, be employed on less favourable conditions than comparable domestic employees or workers of equivalent status. Regulations have been issued to monitor the terms and conditions of employment and to protect the rights of seasonal workers.
Ensuring fair and attractive wage and working conditions is a factor that will help Germany to remain competitive for seasonal workers in pan-European labour markets. Challenges arise, amonst others, in connection with the transferability of social security contributions to the countries of origin of seasonal workers.
This study represents Germany's contribution to the EMN study "Attracting and Protecting the Rights of Seasonal Workers in the EU and United Kingdom". It will be implemented in all participating EU Member States and Norway in accordance with common procedures. The results of the national study will then be incorporated into a comparative synthesis report, which will provide an overview of the recruitment and working conditions of seasonal workers within the EU.
The EMN Synthesis Report is available in English only. The short version of the findings on EU level may be found in the EMN Inform and the EMN Flash. They are available in German and English (see "Downloads" under "Further information").
The Study was drafted by Claudia Lechner with the kind support of the Federal Employment Agency