Hello everybody,

I have BE stamped on my visa. Is it possbile for me that I can work with Arbeitnehmerüberlassung (AÜG) contract (not Werkvertrag)... working for a company X but employed by company Y?

If not, then what kind of work-permit do I need to do so? As far as I know, it's possible with NE but so far I don't have NE.

Three years ago, Arbeitsamt told me that I can't do leih-arbeit with my Green-Card.

Thanks!

@Vicky

I am surprised that how you got BE without even knowing the meaning of it. In my openion, you don't need any work-permit in this lifetime for working in germany. However, if you are a big fan of burocracy and miss talking to your Beamterin, then pay a visit to ABH and enjoy filling countless application forms to work for a company X but employed by company Y :-)

@Akshay

I'm not sure if you have any DAMN idea about "Arbeitnehmerüberlassung (AÜG)". There is a special law and restrictions to carry out such kind of work. Go through this link and if you understand something, then let me know.

http://www.aufenthaltstitel.de/aueg.html#1

I guess I know what does BE mean. ABH didn't gifted me BE just like that.

As mentioned earlier, Arbeitsamt didn't allow me to work on AÜG contact in the past. They said I can only work as AÜG with NE or if I am German/EU citizen.

Right now I'm working in company X but with limited Werk-Vertrag and want to change to AÜG, as then you get same salries & benefits of company X.
Some other colleagues (non-EU) in my company X are also not allowed to do AÜG.

@Vicky

Cool down buddy, after having BE for all they (ABH/AA) care is that you don't start paying yourself a salary (i.e. self-employed). As long as somebody else is paying your salary/tax/pension.... you can work for company X, have a job-contract with company Y and work as a gardner at detlef's house on weekend.

Hi Vicky,

well, apparently from the law that you quoted (AÜG § 15) it seems that even if you had a Duldung with BE on it you could work, so if you have a normal AE with BE it shouldn't be a problem. What you can do is write to the Arbeitsamt quoting this law and paragraph, and request a confirmation of this. Then you can show this letter to the contracting company that you want to work with, they can make a copy, file it and employ you with peace of mind.

rgds,
-a

I have BE stamped on my visa. Is it possbile for me that I can work with Arbeitnehmerüberlassung (AÜG) contract (not Werkvertrag)... working for a company X but employed by company Y?

i do not see any problem here at all

Three years ago, Arbeitsamt told me that I can't do leih-arbeit with my Green-Card.

yep i guess three years ago you were not allowed to do leih-arbeit with BE. But AÜG changes every year

and usually officials close their eyes even when you do leih-arbeit without corresponding permission. i did it two times and officials made nothing at all

Thanks aalvarez & - for your replies.

As suggested, I'll write a formal letter to Arbeitsamt and shall ask about it. Otherwise, from my past experience, they normally try to ignore if we ask for something in verbal.

Many thanks!

I have been working with my present employer for almost 3 years. He is actually my colleague and a freelancer. I work as a angestellte with him and we both work in the same project with the client. Even in my contract it says i will be employed by him until the end of the contract with the client. The arbeitsamt didnt object.

FYI i started with GC and now with BE.

Why do u have to worry about so much huh? I know for example companies like Accenture, HCL, T-Systems employing Indians but working in the client side. Where is the problem? Just start working with company X by being an employer of Y.

Otherwise, from my past experience, they normally try to ignore if we ask for something in verbal.

they try to ignore my written applications as well because things involved seem to be too complicated for them

anyhow i wouldn't count on any serious answer from Arbeitsamt if the thing is not trivial. better go to library and read the following book:

Arbeitnehmerüberlassungsgesetz : (AÜG) ; Kommentar / hrsg. von Gregor Thüsing. Bearb.: Jörn Axel Kämmerer.... - 1. Aufl.. - München : Beck, 2005. - XIII, 624 S. (dt.).

ISBN 3-406-52298-X

Today my contacting company told me that ABH/AA has told them that I can't work with Arbeitnehmerüberlassung (AÜG) contract because I'm not EU citizen. After discussing it here, I was thinking that it should not be a problem with BE Any suggesions?

Thanks!

Have a chat with the VPMK lawyers, if you have the right to do it, and a government office because of lack of information wrongly tells you that you can't, and because of this you potentially loose money (or an employment opportunity), then you have to defend yourself. Even better if a precedent (Präzedenzfall) is set.