What rights do I have as an EU citizen living and working in Germany?
August 2, 2023 | 50,00 EUR | answered by Leonie Eiserfelder
Dear Lawyer,
My name is Dietrich Mattes and I am a EU citizen. I have been living and working in Germany for the past five years. Lately, I have been experiencing some issues with my employer and I am unsure of what rights I have as a EU citizen in Germany.
Recently, my employer informed me that they do not wish to extend my contract. I am worried about my future and I am wondering if my residency rights in Germany could be affected by this decision. I have heard that there are some specific regulations for EU citizens living and working in Germany.
Could you please explain to me what rights I have as a EU citizen in Germany, particularly in regards to my residency status and working conditions? Are there any special protections for EU citizens who lose their jobs? What options do I have to improve my situation and uphold my rights?
Thank you in advance for your help and support.
Best regards,
Dietrich Mattes
Dear Mr. Mattes,
Thank you for your inquiry regarding your rights as an EU citizen in Germany, especially regarding your residency status and working conditions. As a lawyer specializing in immigration law, I can assist you and provide you with the relevant information.
As an EU citizen, you have the right, according to EU law, to live and work in another EU member state. In your case, this means that as an EU citizen, you have the right to live and work in Germany without needing a residence permit. Your residency status is therefore not directly dependent on your employment, but rather on your nationality as an EU citizen.
If your employer does not wish to extend your contract and you lose your job, this generally does not have direct implications on your residency status in Germany. You are still allowed to stay in Germany to look for a new job or engage in other activities. However, there are some specific regulations and protections for EU citizens who lose their jobs.
An important protection is the right to freedom of movement for workers, which allows you to stay in Germany as a job seeker for a certain period of time. During this time, you are still entitled to benefits such as unemployment benefits or social benefits to support your livelihood. It is important, however, that you timely register as a job seeker at the employment agency and provide the necessary documents.
Furthermore, as an EU citizen, you have the right to equal treatment and non-discrimination regarding your working conditions. This means that you have the same rights and obligations as German employees, especially regarding working hours, vacation entitlement, wages, and social security benefits.
To improve your situation and protect your rights, I recommend seeking advice from a specialized labor law attorney who can help you enforce your rights and clarify your labor law questions. You should also be aware of your rights as an EU citizen and seek advice from a relevant counseling center or authority if necessary.
I hope that I have been able to assist you with this information. If you have any further questions or require legal assistance, please do not hesitate to contact me.
Best regards,
Leonie Eiserfelder
Lawyer specializing in immigration law
