Hello Forum members,

I'm in need of your Help.
Actually, I'm a GC holder Since 10.2001.
now, because of some problem, am seachin a new
job in IT field. I have recently made application
through one diestleistungs company.Now they have asked
me to mention what kind of arbeitserlaubnis i have.
I have already tried to make them understand
that,All GC's were issued before 2005, are valid as
Unlimited work permit.Actually I'm badly in need of
this position.How can i handle this situation.Here is
the part of the e-mail from the dienstleistung Agent.



Unser Unternehmen, ein Personaldienstleister, darf gesetzlich keine
Mitarbeiter
über Greencard einstellen. Ohne Greencard könnten Sie aber schon bei uns
arbeiten.



Daher ist es insbesondere auch für die Stelle, auf die Sie sich beworben
haben
wichtig zu wissen, wie der Sachverhalt nun aussieht.



Meine Bitte daher, dass Sie das vorab abklären, bei Arbeitsamt oder
Einwohnermeldeamt und mir dann die genaue Info zukommen lassen.


I would be grateful to all advices which would be helpful in this regard.

Shino

As green-card you cannot work as "Leiharbeitnehmer" or "Arbeitnehmerüberlassung". For example, you have your contract with company "A", and company "A" "leases" you for xx (or xxx :-) ) euro / hour to company "B".
The "dienstleistung" companies do often such business.

However, there are other forms of "selling" the people, so I have also worked as "leased" employee at other company, however then it should be called "Werkvertrag", but I am not sure.

Hallo cedomir,

Thank you for the Information.
But, There was some changes for the GC's or normal foreigners, who have worked here more than three years in the new Law. Right ? or Am I wrong ?

Shino

To be honest, I do not know, maybe DvD can help you. After 3 years we do not have to go through "arbeitsmarkt check". Actually I do not understand why cannot we do as "arbeitnehmerüberlassung", but it is also written so on our work-permit: "beschäftigung als leih arbeitnehmer nicht erlaubt".

acctually you could have luck.
if they are not allowed to get GCler it is no problem since from 2005 there is no GC.

and indeed if you have luck and get visa for this job according to law than there should be written:
Beschäftigung in IT erlaubt.

with sucha visa you can do as Leiharbeitnehmer.
But if you get some visa on firma then it is imposible to work as Leiharbeitnehmer.
In that case you could do it other way as cedomir says.

So you can tell your firma that there are ways to do it and hope to get unbinded visa.
Maybe Detlef lawyers could help to get unbinded visa.

I think, it is not correct, that man can work as "leihen-Arbeiter", if man has the unbound AE like "Beschäftigung as IT-Kräfte erlaubt". I had
always AE (unbound on Firma), but I could not work as "Leihen-Arbeiter" as GC! The GC-Rule is now in §27 (BeschV). Arbeitsamt makes a check for the last year always on the begin of the new year.
Then you could have a problem.

I think, it is more safe, that man donot work as "Leihen-Arbeiter". That is only my advice for you. But you are free, you can do, what you want.

best regards and good luck

info:

"Leased worker" is in effect possible legally through the following arrangement.

1. you have a normal work contract with some intermediate company
2. This intermediate company has "Service Contract" not "lease contract" with the end client who really wants your service.
3. afaik, the intermediate company should be having some kind of Permit from the Arbeitsamt( i dont know the technical term exactly). May be, our expert,DvD can help here.

good luck in finding the "intermediate company".

Hi Shino,

I suggest you tell the company to cough up a few euros and hire a lawyer to do this, they must be amateurs. It can easily be done through "Werkvertrag". These Body shops make a lot of money off people, they generally charge 70+ euros/hour and pay maybe 40 to 50k euros yearly, their profit margin is more than 50%, they are also called slave drivers. Watch out for their contracts too, it is very one sided. In short tell them if they want you they have to clear the situation and you negotiate the terms.

Cheers