Employment of Ukrainian refugees: what needs to be taken into account

There is still war in Ukraine. Thousands of people are on the run. Since the beginning of the Russian war of aggression, over 300,000 Ukrainian refugees have been registered in Germany. The actual number of refugees is estimated to be much higher. According to Federal Minister of Labor Hubertus Heil, half of the refugees have an academic education. 15% of all Ukrainians have a university degree. This is particularly beneficial due to the shortage of skilled workers in Germany.

One of the most important objectives is to facilitate the entry of refugees into the German labor market. Also on the agenda are language courses, the possibility of childcare and the simplest possible procedures for the recognition of qualifications.

Integrating Ukrainian refugees into companies can also pose a challenge for employers. What legal aspects must be taken into consideration when hiring? How can you hire refugees from Ukraine as quickly and easily as possible?

Work permit check

In general, the employment of Ukrainian refugees is legally permitted. However, the company must check in each individual case whether people have a work permit in Germany. This regulation applies to all people from non-EU countries to be hired. If you have a work permit you can see it from your residence documents. If this exists, the employment is permitted and there are no longer any legal obstacles to employment. However, it can also be less simple.

Submit an application for a work permit

If the work permit is not issued, employment is not permitted. In this case, further examination or an application for a work permit is necessary. The local immigration authority is responsible for this. The company can assist Ukrainian applicants in the application process and provide assistance to make the process as pleasant as possible.

There are different procedures for such a request and numerous legal aspects that must be taken into consideration.

1st option: right to temporary protection by the EU

Most Ukrainian war refugees are entitled to temporary residence and a work permit in Germany. This can also be requested from your local immigration authority. After Section 24 of the Residence Act This applies to citizens of Ukraine, their family members and stateless persons or relatives from third countries with a protective function who were in Ukraine before the start of the war (i.e. before 24 February 2022). Temporary protection is valid for one year if approved, but can be extended up to three years if necessary.

The aim is to process applications as quickly as possible to facilitate the refugee process. This is probably the easiest way to obtain a work permit, provided that the person concerned is covered by temporary protection.

2nd way: request a normal residence permit

This type of residence permit can be applied for regardless of the war in Ukraine. However, there are some requirements to be met when submitting the application:

• In particular, trained specialists with academic qualifications often have good opportunities due to the shortage of skilled workers in many sectors. However, the type of qualification must be comparable to a German training or study qualification.
• Applicants must receive a job offer from a German company. In some cases, a certain minimum salary must be submitted.
• If necessary, approval from the employment agency is also required.

Use of refugees in the asylum procedure

Even if refugees are still in the asylum phase, they can be employed in companies. But even in this case a series of legally relevant requirements apply. The following rules must be respected:

• Refugees who are in compulsory accommodation in a reception facility cannot be employed.
• The competent immigration authority can only approve the hiring after a 3-month stay in Germany.
• Also in this case the approval of the Federal Employment Agency is usually essential.

At the latest after the successful conclusion of the asylum procedure, those entitled to receive a residence permit with work permit and can be employed.

Bottom line: Here’s how companies can support you

First and foremost, the housing and care of refugees has the highest priority. To provide support, companies can organize internal donations of clothing, food, hygiene products and other everyday items or create donation accounts for humanitarian organizations.

The next step concerns integration into the German labor market. There companies can provide support with applications, establish initial contact with the competent immigration authorities, offer language courses and subsequently help with the training and further training of Ukrainian refugees. This can prevent highly skilled people from being stuck in low-wage or unskilled jobs, provided that refugees plan a long-term stay in Germany.