Opportunities and risks when deploying foreign nursing staff Recognition of the foreign qualification
Companies wishing to employ foreign nursing staff no longer face seemingly insurmountable bureaucratic hurdles. Nevertheless, there are some special features to consider. In particular, the qualification of the foreign qualification must be recognized and the foreign nursing staff must have a work permit in Germany.
Recognition of the foreign qualification
The exercise of the nursing professions in Germany is regulated by the Nursing Professions Act (PflBG), which came into force on 01.01.2020, which is why foreign professionals must be licensed as certified professionals in nursing care in accordance with the rules of German legislation. On the one hand, the requirements set out in Section 2 PflBG must be met in order to be granted permission to use the professional title.
These include, among other things, proof of reliability, health suitability and knowledge of the German language required for practicing the profession. Furthermore, the professional recognitions of foreign nursing qualifications, which are regulated in §§ 40 ff. of the PflBG, must be complied with.
Nursing staff from EU member states
Nationals from an EU member state have an indefinite right of residence in Germany and therefore also an indefinite permit to pursue gainful employment in Germany.
In addition, the EU Professional Recognition Directive (EU Directive 2005/36/EC 2005) guarantees the equivalence of training content in the nursing professions for EU citizens. This means that there is no need for a case-by-case assessment and the recognition procedure for qualifications in the nursing profession obtained in an EU member state is relatively straightforward.
Nursing professionals from third countries
On March 1, 2020, the Skilled Immigration Act came into force, which makes it easier for qualified skilled workers, especially in shortage occupations, to immigrate to Germany. Nursing professionals from non-EU countries can now obtain a residence permit with a work permit relatively easily. However, in order to guarantee the quality of care, a case-by-case assessment of the equivalence of the professional qualification acquired abroad must be carried out. If this cannot be determined, aptitude and knowledge tests must be completed.
Cross-border temporary employment
In addition to hiring nursing staff from abroad, it is also possible to cover short-term shortages by using temporary workers from abroad. In principle, the same applies to temporary workers from an EU country, a member state of the European Economic Area or Switzerland as to temporary workers between German companies. The employing company must check whether the hiring company has a temporary employment permit. In addition, the requirements for meeting the qualification must be checked.
It is also important that the foreign nursing staff deployed here apply for an A1 certificate from the competent authority abroad and also carry this with them in order to be able to provide proof in the event of an inspection that social security contributions are paid in the respective country of posting.
Use of freelancers in the care sector
Some placement agencies, especially those from abroad, sometimes approach care facilities and hospitals with offers to place freelance nursing staff from abroad.
Beware of such offers: As the German social insurance institutions generally always assume that the deployment of nursing staff is dependent employment, the companies deploying them in such cases of bogus self-employment not only face the threat of substantial additional payments during tax audits, but may even be subject to criminal investigations.