englischer Sprache - Diakonie in Bremen

ECUMENICAL ASSOCIATION OF
CHURCHES IN ROMANIA -
AIDROM
MINISTRY OF ADMINISTRATION
AND INTERIOR
NATIONAL AGENCY AGAINST
TRAFFICKING IN PERSON
PARTNER OF DISSEMINATION
IN ROMANIA
EUROPEAN COMISSION -
DIRECTORATE-GENERAL HOME
AFFAIRS
AN INFORMED PERSON IS A PROTECTED ONE:
WHAT DO I NEED TO KNOW IN ORDER TO
WORK SAFELY IN GERMANY?
WE CAN HELP YOU, IF YOU WOULD LIKE!
„LÁMPÁS“ FOUNDATION
VEREIN FÜR INTERNATIONALE
JUGENDARBEIT LANDESVEREIN
WÜRTTEMBERG
DIAKONISCHES WERK
BREMEN

Editor:
AIDRom
Halmeu Street Nr. 12
021118, Sector 2,
Bucharest, Romania
www.aidrom.ro
Design:
MOKKA KONZEPTE
im Sirius Business Park
Rigaer Straße 1
D-28217 Bremen
www.mokka-konzepte.de

WHAT DO WE INTEND?
The project “An informed person is a protected one” – Promoting
best practices in prevention activities against trafficking for forced
labor through a European network / HOME/ 2010/ ISEC/ AG/ THB-009,
aimed to combat trafficking in human beings for labor exploitation,
through the establishment of an EU interdisciplinary public-civil
society network and elaboration of a multilingual booklet that will
promote best practice in prevention, identification and assisting
victims of trafficking for labor exploitation.
The project is implemented by the Ecumenical Association of
Churches in Romania - AIDRom, in partnership with three other
organizations with expertise in the field of workers mobility and
human rights within Europe:
Foundation „Lámpás“, Oradea, Romania
Verein für Internationale Jugendarbeit, Stuttgart, Germany
Diakonisches Werk Bremen, Bremen, Germany.
The dissemination partner within this project is the National Agency
against Trafficking in Persons of Romania.
The project makes existing best practice visible, explores transferability
to other countries within the European Union and feeds into EU
debates on the issue.
The project is trying to establish a mechanism of cooperation between
different actors: churches, trade unions, NGOs, public institu-

tions, thus taking up recommendations of last year’s “EU Anti-Trafficking
Day”. Thus, the innovative approach within this partnership is
to bring church, trade unions and in the process involved state actors
together.
For further information regarding this project, please visit the websites
of the partner organizations:
www.aidrom.ro
www.lampas.ro
www.vij-stuttgart.de
www.diakonie-bremen.de
Elena Timofticiuc
Projektmanager AIDRom

TABLE OF CONTENTS
4 INTRODUCTION
6 CHAPTER 1: BEFORE I LEAVE...
A) WHICH DOCUMENTS DO I HAVE TO TAKE ALONG
WHEN GOING ABROAD?
B) I AM LOOKING FOR A JOB
7 C) I AM LOOKING FOR A JOB THROUGH AN AGENCY
D) I AM LOOKING FOR A SEASONAL JOB
8 E) I HAVE A JOB OFFER FROM GERMANY
F) I AM DISPATCHED FOR A LIMITED TIME PERIOD TO GERMANY
9 G) I WOULD LIKE TO BECOME AN INDEPENDENT
PROFESSIONAL IN GERMANY
H) I WOULD LIKE TO MARRY A GERMAN CITIZEN
10 WHEN I HAVE DECIDED TO LEAVE THE COUNTRY...
CHECKLIST
12 CHAPTER 2: WHEN I AM IN GERMANY...
A) FIRST STEPS I HAVE TO TAKE
B) WORKING IN GERMANY
B1) WORK PERMIT
14 B2) THINGS WORTH KNOWING ABOUT WORK:
16 B3) WORK AGREEMENT
19 B4) INDEPENDENT PROFESSIONAL IN GERMANY
20 B5) RECOGNITION OF PROFESSIONAL SCHOOL
C) HEALTH
22 D) PRACTICAL QUESTIONS
24 E) VOLUNTARY SOCIAL YEAR (FSJ/ AU PAIR)
25 CHECKLIST
27 STAGES OF HUMAN-TRAFFICKING
29 USEFUL ADDRESSES

INTRODUCTION
Human trafficking represents a violation of human rights and a
weakening of human dignity and integrity. Fighting against human
trafficking, protecting its victims and their rights are the main objectives
both of the non-governmental organizations in Romania and of
our partners in Germany.
Regarding Romania it should be said that out of a country of origin
and transit it has become more and more a country of destination for
trafficked persons.
This phenomenon has undergone many stages, generated by the
political, social and economic changes that affected Romania in the
latest years.
We are offering You this brochure because we want You to know that
every person has rights, an important one being the right to freedom
and the physical safety.
No one has the right to:
• Impose you to work against your will;
• Enforce you to work by threatening you or your family;
• Withhold your passport or any other identity document in order to
manipulate you.
If any of these happened to you, you are a victim of an ultimate
crime against human rights. Contact us! We can help you. We want
you to be safe. You have the right to counsel.
That is why: if you are offered a work place that is seemingly advantageous,
before you accept it, complete the following questionnaire:
Did I search myself for the work offer? NO YES
Do I know where and for whom I will be working? NO YES
Do I have a work agreement? NO YES
Do I have a work license/ permit for
the country where I am going to? NO YES
Do I know the address where I am going to live
and a phone number where I could be found? NO YES
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Do I know the phone numbers of the
Romanian embassies and consulates in
the country for which I am leaving for? NO YES
Do I know the language of the country
where I am going to? NO YES
Do I know where I have to register when
arriving in the country where I am going
to work in? NO YES
Do I know where to call in case
of an emergency? NO YES
If you answered NO to more than one question, be careful! You
could be in danger!
In this case please contact de National Agency against Trafficking
in Persons in Romania under the following free of charge
telephone number: 0800 800 678
(00)40 21 313 31 00 – available in Romania and abroad also
In this brochure we offer you information that protect you against
labor exploitation. You have to know what the conditions are that
you have to fulfill in order to get a legal work place.
5

CHAPTER 1:
BEFORE I LEAVE...
A) WHICH DOCUMENTS DO I HAVE TO TAKE ALONG
WHEN GOING ABROAD?
• Passport or ID card, which is valid for at least another 6 months
Following papers can be important in order to find qualified good
work. These documents need to be translated into German and
signed by a notary with an apostil (it is cheaper in Romania than
afterwards in Germany!)
• Birth certificate
• Schools certificate, leaving certificate
• Certificate of apprenticeship/ qualification
• University diploma (e.g. diploma, bachelor…) and list of studied
courses
Also useful:
• Driver’s license (if you have)
• EU-health insurance card
• If I am staying for a longer period or indefinitely in Germany, I
should know the number of my pension insurance and have the
documents on payment with me.
B) I AM LOOKING FOR A JOB:
I AM REGISTERED AS UNEMPLOYED IN ROMANIAN
AND TAKE ON UNEMPLOYMENT PAY.
In order to get the money in Germany too, I need to submit the form
E 303 at the Romanian employment agency (in Germany this form
has the name PD U1). After arriving in Germany, within the next
6 day, I go with this form to the German employment agency and
register myself as unemployed and looking for a job. Through this I
become health insured and will get a minimal support for the time
period for which I would have got the support in Romania too.
6

I AM NOT REGISTERED AS UNEMPLOYED IN ROMANIA;
I WANT TO GET A JOB IN GERMANY.
I can go to Germany while searching for a job there. For this I need
to take from the Romanian health insurance company my EU-health
insurance card. I can go to the doctor with this while in Germany. I
need to know before leaving: where I will stay and if I have the money
to support myself for weeks or even months before finding a job.
C) I AM LOOKING FOR A JOB THROUGH AN AGENCY:
• EURES is an official, state funded European portal of the employment
agencies destined for people looking for a job and employers
from all over the EU. Here I can find a lot of offers. The intermediation
is free of charge. www.ec.europa.eu
• If a recruitment agency is serious or not is hard to tell. Things that
point to a dubious recruitment agency are:
• If the intermediary ask for money in advance, or if for the so
said necessary papers I remain in debt
• If I cannot contact the employer myself, and I do not get a
phone number or address of the employer
• If I do not get any details on the work agreement and the
work duties that I will have
• If I do not get any information on the price of my future living
place and food-expenses
• First examine if the recruitment agency is legally acting. Ask
the spokesman of the company to show you the original
registration certificate of the agency, released by the Trade
Register Office.
D) I AM LOOKING FOR A SEASONAL JOB:
• I can look for a seasonal job through EURES or ZAV (Zentrale Arbeitsvermittlung/
Central Office for Work Intermediation) in Germany:
www.ec.europa.eu; ZAV: www.zav.de, 0049-(0)228-713 2000
• Seasonal work is possible in these work sectors: agriculture, forestry,
hotel and catering industry, fruit and vegetable processing,
7

and in saw mills
• I am allowed by law to work max. 6 months in a calendar-year as a
seasonal worker.
• The work load needs to be at least 30 hours/ week with 6 hours/
day.
• I need to clear in advance, if a place to stay is included, and if yes,
how much it costs.
E) I HAVE A JOB OFFER FROM GERMANY:
• The employer has to give me detailed information (what kind of
work, work hours, pay).
• What kind of work is this? I need to clear, if I need a work permit. I
do not need a work permit, if I have a university degree and I want
to work in that field or I am going for seasonal work.
• For all other jobs I need a work permit! The employer or I need to
ask for a work permit at the ZAV (Zentrale Auslandsvermittlung/
Central Office for Work Intermediation for Abroad). Only after I
receive the permit I should make the trip to Germany.
• I sign the work agreement before leaving Romanian or at arriving
in Germany. The agreement needs to be written in both German
and Romanian. I receive a copy of the work agreement and the
work permit also.
• I need to ask, if I have to pay for my transportation to Germany.
• I need to ask, if I will get a place to stay and if I have to pay for this
(how much?).
F) I AM DISPATCHED FOR A LIMITED TIME PERIOD TO GERMANY
• This means that my employer has his/ her registered office in Romania,
but he/ she sends me for a limited time period to Germany
where I will work for another company. During this whole period
my employer will remain the company in Romania!
• I need to clarify with my employer the conditions of me leaving
abroad. These should be written down in a so called dispatch agreement
that is annexed to the original work
agreement and includes the following:
8

• Name and address of the employer and the employee
• Place of dispatch
• Duration of dispatch
• Activities, duties during the dispatch
• Remuneration of work: sum, supplements, benefits, special
payments
• Working hours
• Vacation period
• Compensation on extra costs (transportation, housing, moving)
• Continuation of work and activities after returning
• In any case, the legislation of Germany is the valid one!
G) I WOULD LIKE TO BECOME AN INDEPENDENT PROFESSIONAL IN
GERMANY
• I need to prove my German language skills
• I need a specific professional training/ qualification for certain
professions. The certificate needs to be translated into German and
legalized by a public notary!
• I need to undergo a medical examination for some sectors of work
(e.g. gastronomy).
• Eventually I might need to present a business plan (concept and
economic calculations).
H) I WOULD LIKE TO MARRY A GERMAN CITIZEN
• I need to find out as much as possible about the future to be
husband (work place, previous marriages, state of health, previous
problems with the law).
• I will inform myself about the legislation (Family Law), including
the german legislation of child care in case of a divorce.
• I will inform myself about the german tradition and culture
• I will ask what religion my husband has.
• I need to know the exact address of the future to be husband. My
relatives need to know this address too. I will call my relatives
regularly.
9

WHEN I HAVE DECIDED TO LEAVE THE COUNTRY...
• I give information on the job and place where I am staying (name
and address of the company, telephone number, address of the
place here I am going to stay etc.).
• I make copies of my passport, ID card, work agreement.
• I agree upon a safe-password that I can use in phone calls in case I
am in trouble.
• I make photocopies of my travelling documents and keep them in
different places.
• I give to nobody (except the commissioned persons) my identity
papers.
• I learn the language of the destination country or any internationally
spoken language.
• I find out the phone number of the Romanian embassy in the
respective country.
• I look for organizations which offer support to migrants.
CHECKLIST:
How to realize if I am in danger?
→ If I have to take out a credit/ loan before leaving for the job in
order to pay for the intermediation and journey.
→ If I am proposed to leave the country with fake documents.
→ If somebody supplies me with documents in a very short time
without my participation (passport, ID card, work permit etc.).
→ If I have to sign documents that I do not understand ( work
agreement, pay statement, …)
→ If the offered job does not require either specific studies, or
knowledge of the respective country, nor experience in a certain
field of activity and the proposed salary is very high.
→ If I am proposed to be accommodated in an apartment until
departure.
→ If on the way to Germany I am forbidden to get off the car in
public places.
10

→ If I am suggested not to disclose information about my departure.
→ If my passport/ ID card is taken (even though I am told that this
is for keeping it safe).
11

A) FIRST STEPS I HAVE TO TAKE
CHAPTER 2:
WHEN I AM IN GERMANY...
• I should register at the city hall/ citizen’s office/ registration office
of the population within the first weeks of my arrival. For this I
need a passport/ ID card and a rental agreement. I will get a paper,
which certifies my registration and the certificate of free movement
(Freizügigkeitsbescheinigung). This document will be necessary in
order to attend a German language and an integration course.
• If I am looking for a job, I should register myself at the national
employment agency as a potential employee.
B) WORKING IN GERMANY
B1) WORK PERMIT:
Till 31.12.2013 Romanian citizens have limited access to the
German work market. Till then a work permit is needed for a lot
of activities.
WHEN DO I NOT NEED A WORK PERMIT?
• If I have a university degree and I want to find a job according to
this qualification.
• If I want to further qualify myself through an at least 2 year long,
industrial module: “Ausbildung”.
• If I work as a seasonal worker (harvesting, agriculture, gastronomy).
• If I have been living in Germany without any interruption in the last
3 years (with certification from the registration office of the town
hall).
WHEN DO I NEED A WORK PERMIT?
For all other areas of work.
12

HOW DO I GET A WORK PERMIT?
• If I have a work offer, for which I need a work permit, the employer
or myself needs to send to the ZAV (Zentrale Auslandsvermittlung/
Central Office for Work Intermediation Abroad) following documents:
• Request for EU work permit (form available at ZAV)
• Job description (form at www.zav.de)
• Sketch of the work agreement
• Copy of the certification of free movement and of the ID card
• CV with copies of diplomas
• The process can take up to 4 weeks. ZAV has a special hotline for
questions: +49 (0)228 7132000.
• If I want to take on a job that is clearly far under my qualification
level, it is very possible that I will not get a work permit.
• If I get the work permit, I can work from that day on. The work
agreement is also needed from this day on.
WHAT DO I DO IF I DO NOT GET A WORK PERMIT?
• If I do not get a work permit for that job, I am not allowed to work
there. Otherwise I make myself legally punishable (up to 5.000
euros!).
• I need to look for another work offer for which I can once again ask
for a work permit.
Important: There are two types of work permits. First you need to get
a work permit for a specific work place. If you have already worked
there for one year, than you can submit an official request a the ZAV
to release to you a general and unlimited work permit.
13

B2) THINGS WORTH KNOWING ABOUT WORK:
SALARY
AMOUNT OF SALARY
• There is no standard minimal wage in Germany. For specific branches
of work there are minimal wages defined by collective work
agreements: I should ask at the DGB (Dachverband der Gewerkschaften/
umbrella organization of trade unions, www.dgb.de
• If my salary is lower with more than 1/3 compared to the salary of
colleagues and other people I know who do the same job, I should
look for a counseling center or a trade union to renegotiate with
the employer; I can go to court in emergency cases after discussing
this with an attorney.
• Usually the salary agreed upon is the gross salary; from this social
insurance and taxes are deducted. I will get the net pay (takehome
wage).
WHEN AND HOW IS THE SALARY PAID?
• The salary is not paid in cash but transferred to a card/ account.
• The salary is usually paid once a month at the beginning or in the
middle of the month.
• You usually get a salary slip from the employer every month. Here
you can see how much money you earned and how much contribution
and insurances you paid. Approximately 20% of the gross wage
goes to different social taxes (see below).
TAXES THAT ARE DEDUCTED FROM THE GROSS SALARY
• Additionally to the taxes paid by the employee, the employer pays
some direct taxes as well: income tax (depends on the amount of
the gross pay, the category of tax, number of children), solidarity
tax (5,5% of the income tax), church tax (evangelical, catholic,
Jewish: 8-9% of the income tax).
• Income up to approx. 8.000 euro/ year is free of tax. Only starting
with a higher amount of income one has to pay income tax, which
at the beginning is approx. 14% and increases if the income increases
as well. The income tax is directly deducted from the employer
and is visible on the salary slip.
14

SOCIAL INSURANCE THAT HAS TO BE PAID FROM THE GROSS SALARY
The law obliges the employer to insure his/ her employee in the
case of a normal work relation (obligation of social insurance). The
costs of this are divided half-half between the employer and the
employee. The payments will be directly done by the employer:
-HEALTH INSURANCE
The employer declares me, thus I will get health insurance policy
by post. I will get my insurance card, which I can use to go
to the doctor, after approximately 4 weeks from the moment
that I was declared. However, I will have to pay every quarter
year 10 euro practice tax, even though I have the insurance
card. In case of an accident, several costs related to this will
be paid by the insurance company (visits to the doctor, hospital
stay, potentially rehabilitation). The preventive medical
checkups can also be partially taken over by the insurance
company.
-PENSION INSURANCE
The employer registers me, thus I receive a social security
number, which I have to take great care of. I will keep this
same number even when switching the employer.
I can claim German pension, if I have worked in Germany at
least 5 years, which at the moment is being paid from an age
of 65. The insurance company informs its clients about the
situation of pension contributions once a year. This will be
later proof that I have a right to claim pension. When returning
to Romania I need to take with me the documents from the
German pension insurance company. The contributions paid
and the time worked in Germany will also be valid in Romania.
HELP WITH QUESTIONS RELATED TO PENSION:
Trade union (ww.dgb.de) or German Pension Insurance (www.
deutsche-rentenversicherung.de, service telephone: 0800 1000 4800,
only from Germany).
15

- UNEMPLOYMENT INSURANCE
Those who work at least 12 months, while paying unemployment
insurance, and then remain unemployed, can ask for
unemployment benefit from the National Agency for Work.
In this case I will receive a partial (approx. 60%) payment of
my salary for the next 6 months; the contributions to health
insurance and pension insurance will be paid as well. These 6
months I can use to attend a German language course or
further training.
- ACCIDENT INSURANCE
Every employee is insured against accidents that happen during
work or on the way to work through the Accident Prevention
and Insurance Association. To find out to which such kind
of association I belong, I will visit www.dguv.de. When I go to
the doctor because of a work accident, I should tell in any case
that the injury/ accident took place at my workplace.
- NURSING CARE INSURANCE
This insurance helps, when I cannot take care of myself and I
need to be nursed at home. The insurance covers a small part
of these nursing costs.
B3) WORK AGREEMENT
Usually work agreements in writing are given to new employees
when starting work. In any case, the employer is obliged to notify,
sign and release the conditions of the work agreement to the employer
not later than 4 weeks after starting work. The work agreement
has to contain the following:
Name and address of the employer and the employee
Starting date and length (undetermined period agreement or temporary
agreement till… date) of the employment
Type of activity (description of activities)
Work location
Salary (usually gross pay)
16

Working hours per week and length of day-/night-shifts (usually this
cannot be more than 8 hours per day and 40 hours per weeks). If one
works more than this, than it has to be paid extra or rewarded with
free time.
VACATION
To how many vacation days do I have a right as an employee?
At least 4 weeks in a year are legally obligatory, this means 20
work day in the case of a 5-work-day long week, and 24 work days
in the case of a 6-work-day long week. I need to agree upon the
period when I will take my leave with the employer, he/ she has to
approve this. The employer has the right to refuse the request for the
vacation for a specific period, if e.g. he/ she needs all the employees
in that specific month or many employees are already on vacation in
august. However, the annual usually needs to be taken out till the 31.
March of the following year. In order to take vacation days, one has
to be working for at least 6 months.
NOTICE PERIOD
Usually this is 4 weeks till the end of month, till the 15th of every
month, or till end of quarter-year.
Women cannot be dismissed during pregnancy and till the end of the
4th month after childbirth. The employer has to be notified in writing
about the pregnancy, or at least within 14 days after the decision of
dismissal in order to cancel this.
A special protective condition on the dismissal of people with
disabilities comes into effect after the first 7 months of employment
relations.
The notice needs to be a written one. If no causes are written down
in this, the employer should be asked to motivate this choice in
writing.
REFUTATION
In order to refute a dismissal decision I have to challenge the
decision in the Court of Work within the first 3 weeks of being
notified of the decision. If these 3 weeks have already passed,
the dismissal decision becomes final. Because of this, I should
immediately after being dismissed contact a counseling center
17

or a trade union, as these usually offer free of charge counseling
services in this first phase. Here people can help me,
can find me an appropriate lawyer and inform me about the
possibilities of payment (e.g. Form asking for free of charge
legal assistance or legal counseling).
PROBATION PERIOD
A probation period during the first 6 months can be agreed upon.
This can last max. 6 months and within this period a notice period of
14 days is valid for both parties (not necessarily till end of the month
or till the 15th of a month). Pregnant women are protected by law
within the probation period as well. The employer needs to be informed
about the pregnancy at best is writing; this is possible within
the first 14 days of discontinuing work relations by the employer.
Special agreements, like e.g. catering and a place to stay organized
by the employer for the employee needs to be separately written
down within the work agreement: what exactly will be provided for
what price? The costs should be in a reasonable relationship to the
pay and the services provided. If I sense that I am paying too much
for a shabby room or bad food, I will look for advice in a counseling
center (see last chapter on useful addresses). I can find out through
the Union of Renters if I pay too much or not (www.mieterschutzbund.
de). Payments according to special agreements should be visible in
the salary slip too.
TEST WORK – TAKE CARE!
In some work sectors it is typical to test work for 1 or 2 days before
signing a work agreement. Most often one does not get a payment
for this job, in best case the travelling costs are paid back. Test work
should not be longer than 2 days.
18

B4) INDEPENDENT PROFESSIONAL IN GERMANY
In order to work as an independent professional in the case of most
jobs a profession has to be registered (and: request of authorization
for conducting the activities as an independent professional).
Where do I register?
At the Trade office. Taxes are different from city to city: between 15
and max. 65 euro.
What documents do I need to present?
Normally I will have to present only the form of request, an ID card
and the confirmation of being registered at the city hall, office of citizens.
Supplementary documents are necessary for certain professions
(proving the adequate qualifications). It is also sometimes necessary
to present a business plan (concept, calculations).
When I have registered myself as an independent professional, this
information is automatically sent to de Financial administration
and other institution like the chamber of commerce or industry.
Nevertheless, I should immediately register myself at the financial
administration too.
Accounting
All the income and outgoings of the company need to be carefully
accounted for starting with the first day of activity, as well as all
the documents, invoices and receipts have to be kept. I will need to
pay from the profit made profit tax to the financial administration.
The income tax declaration form needs to be completed by every
independent professional every year, without considering if he/ she
made a profit or not. The financial administration will estimated my
profit without this income tax declaration, and this estimate might
be higher than it is in reality.
Insurance
It is a must to insure myself privately if I am an independent professional.
The contributions might differ, approx. 200-250 euros per
month.
19

The independent professional is not obliged to insure his-/ herself for
pension, against accidents, but he/ she is allowed to.
Attention, there are exceptions: e.g. nurse, midwife, and pedicurist
etc. must insure themselves against accidents. www.freie-berufe.de
Attention: E 104 is not valid in Germany! If the company has its
registered office in Germany, than the health insurance needs to be
a German one.
Attention to fictitious independent-professionals:
I need to have more than one beneficiary/ client per year. For example,
if I would like to work independently as a domestic worker, I
need to have at least 3 different families (beneficiaries) per year. If I
offer services only to one beneficiary, it is considered to be “fictitious
independent professionalism”. On one hand, this beneficiary will be
seen as an employer and will have to pay all the social insurances
retroactively. On the other hand, I will have to pay back retroactively
3 months of insurance and in any case the income tax on the salary.
If the financial administration or the pension insurance company
suspects fraud, I should turn to a counseling center/ trade union.
B5) RECOGNITION OF PROFESSIONAL SCHOOL
The process of recognition of foreign degrees of professional schools
is being revised at the moment. Different offices are responsible for
this in every “Land” [administrative geographical unit]
www.anerkennung-in-deutschland.de
C.) HEALTH:
DISEASE/ INJURY
- DOCTOR‘S VISIT
For a doctor’s visit one needs a German insurance card or the EUhealth
insurance card (EHIC) of a Romanian health insurance company.
At the moment one has to pay at the beginning of every quarter
year the so called 10 euro practice tax.
20

- NOTIFICATION OF THE EMPLOYER
In case of disease, those persons who already worked more than
4 weeks will have their full wage paid up to 6 weeks. For this one
needs a doctor’s note/ sick certificate (certificate of incapacity for
work) to submit at the employers office; this should preferably happen
on the first day of sickness, but at the latest during the 3rd day.
- IF I AM NOT HEALTH INSURED…
… I can still get myself treatment free of charge and anonymous in
some cities (even without considering the legal permit status). Information
can be obtained from counseling centers for fugitives and
migrants or under following addresses:
www.malteser-migranten-medizin.de/mmm-vor-ort.html
www.gesundheitliche-chancengleichheit.de
WHEN I AM PREGNANT…
• I should visit a counseling center for pregnant women in order
to get the answers to all my questions (health, abortion, aid,
money…)
• Protection against being dismissed: If I am pregnant I need to
inform the employer about my state and the date of birth. I am not
allowed to be dismissed during the pregnancy, within the first 4
months after giving birth and during the maternity leave.
• Protection of the mother: It is forbidden that I work in the last 6
weeks of my pregnancy and in the first 8 weeks after giving birth,
however I will still receive the full extent of my salary. It is forbidden
to work even this long for certain professionals (e.g. governess,
caregiver) because of health issues.
• Maternity leave: I have the right to maternity leave in order to
take care of my child (till the age of 3, till he/ she goes to kindergarten).
This should be discussed with the employer at the latest 7
weeks from the ending of the maternity leave (the employer does
not have the right to refuse). I will continue to receive a certain
percentage of my salary.
21

• Benefits for parents: I can ask for this if I do not work or I work
part time. I will receive 65% of my original income. If my income
was very low, I will receive 100% of it, at least 300 euro. While
receiving financial assistance I am not allowed to work more than
30 hours/ week.
• I need to ask for financial assistance given to the parents within
the first 3 months of child-birth. It differs from regions to region at
which offices these kind of claims have to be submitted. Here is a
list of these possible offices:
http://www.elterngeld.net/elterngeldstellen.html
• Child benefits: I will ask for this directly after the child is born at
the insurance company for families or at the ageny for work. I can
ask for an increase of the child benefits if my child is in Romania,
but I as a mother am living in Germany (this means the difference
between the child benefits in Romania and Germany).
• If I am not health insured, I can register myself at one of the counselling
centers/ health service centers for people withouth health
insurance, e.g.
www.malteser-migranten-medizin.de/mmm-vor-ort.html
D.) PRACTICAL QUESTIONS
OPENING A BANK ACCOUNT
The salary is not paid out in cash, but transferred to a bank account
in Germany. I can open at any bank I like a bank account, but it
would be to inform myself how much the administration cost of the
account are. Sometimes a monthly administration fee (e.g. 6 euro per
month) has to be paid; in other cases every transaction has a specific
bank commission.
Into an savings account I can put in money, but I cannot transfer it.
If I want to withdraw money from my current german account, for
example in Romania, usually I have to pay extra for this. (Exception:
The so called SparCard 3000 of the bank Postbank can be used 10
times a year to withdraw money from it not matter where in the
world).
22

GERMAN LANGUAGE AND INTEGRATION-COURSE
I can take part on an official German language and integrationcourse
with the certificate of free movement. These courses are state
funded, so I only pay 1 euro per hour (even this money can be paid
back to me in certain conditions, e.g. I cannot afford it). In some
cases even transportation costs can be paid. I can get a list of institutions
that offer such courses (e.g. VHS, IB, AWO, Diakonie, Caritas…)
from counseling centers for migrants.
RENTAL AGREEMENT
The price for rent of an apartment differs a lot; some cities are more
expensive than others. Rural area housing is generally cheaper. A
guideline for renting could be: rent between 5 and 10 euros/ m² is
normal, above 11 euro it is already too expensive.
Important: what costs will be added to the rent? Heating, water
(warm, cold), electricity, maybe expenses related to the building
itself (administrator, lift, ) etc.
Immediately after moving in I should check the counters for electricity,
water, gas and write these numbers down! For electricity, gas
and water I will pay a monthly sum that is estimated according to the
average consumption of the previous year. If I consume less, than the
difference will be paid back to me, if I consume more, I will have to
pay the difference at the end of the year!
Rent is usually paid at the 1st of every month.
OTHER CONTRACTS
Many people make debts by signing contracts that they do not
understand e.g. mobile phone service, cable television, special
insurances or debit cards. I should not sign a contract that I do not
understand fully!
DRIVING A CAR
I can drive a car registered in Romania for a maximum of 6 month
in Germany, after this I need to register and insure it in Germany.
The insurance period already fixed in the Romanian contract will be
taken into account within the German insurance contract. My driving
license inherited in Romania is valid in Germany as well; and when it
expires, I will need to change it in Germany.
23

SOCIAL BENEFITS
Under certain conditions, if I came to Germany for a certain job which
pays far worse than expected or not at all, I can request support for
my means of subsistence at the office JobCenter:
• If I have a job but the salary is not enough to survive
• If I am self-employed (with business-registration) but I do not earn
enough to survive
• If I had a work place, but I was let go because of reasons that do
not depend on me; I need to register myself as unemployed as
soon as possible
• If I was self-employed but I needed to close down the business
because of health problems or bankruptcy; I need to register myself
as unemployed as soon as possible.
In these cases I should look for a counseling centre that could help
me in the process of asking for social benefits. The procedure and
the documentation is very complicated and are often turned down.
VOLUNTARY SOCIAL YEAR (FSJ)/ AU PAIR
I can spend a year in Germany in order to improve my language skills
and get to know the culture a bit more.
AU PAIR:
• For youth between 18-24 years
• Usually 1 year
• I live in a family and take care of the children and the household
• Conditions: basic knowledge of German language
• Remuneration: the family offers housing, meals, some money (260
euros) and pays for insurance – I work 6 hours/ day and 30 hours/
week
• I need a work permit that the family has to request
• It is not good for me to find on my own a family on the internet –
there will be nobody to help me, when there appear problems with
the family. It is better to be intermediated by a certified agency.
In case of EMERGENCY call: 0800 1110111 or 0800 1110222
www.au-pair-vij.org
24

VOLUNTARY SOCIAL YEAR (FSJ):
• For youth till the age of 27
• Language skills are required
• I will work in a social organizations e.g. elderly home, center for
people with disabilities etc.
• Voluntary social year usually means one year
• Remuneration: some money (approx. 200-300 euro), usually
housing and meals as well
www.fsj-web.org; www.open-for-young-women.org
CHECKLIST:
How do I know if my work place is shabby?
→ If I do not have a work permit, because for the most jobs I need
one. Working without a work permit is illegal. I make myself
punishable by law and can be amended with up to 5.000 euros.
The employer makes himself punishable up to 500.000 Euro.
→ If I am promised a salary that I do not get even after months
passing by.
→ If I get my salary in cash, it usually means that the job is illicit.
My salary is transferred to my bank account in case of an official
work relationship.
→ If I work on holidays, sundays or during the night, I should get
extra pay.
→ If automatically from my salary money for rent, food and electricity
is deducted and this does not show in my salary slip. If this
is not visible on my payroll, I am being most probably deceived.
I can ask at a counseling office for migrants or at a local trade
union’s office if this money for subsistence is normal or not.
→ If I only get a part of my salary and the rest is being kept as a
part payment – for whatever reasons.
→ If I notice that I get a salary smaller than promised.
→ If I notice that my salary is far smaller (1/3 less) than of colleagues
who do the same work.
...
25

→ If I have to work more or fulfill duties other than agreed upon.
→ If I work more than 8 hours a day or 40 hours a week.
...then I should contact a trade union office or a counseling center. I
can go to court an plead for my salary even without a work permit or
residence permit!!!
So that I am able to prove what really happened, I should document
as many things as possible: photos of the living place, of the working
place; text messages, letter, papers, emails; names and phone
numbers of my bosses, colleagues, acquaintances, neighbors…people
who participated at e.g. conversations, who saw me at the work
place or had similar experiences; sometimes it is useful to note down
the contents of discussion, their exact date and place in order to be
more credible in the court of law.
26

INFORMATION REGARDING
THE STAGES OF HUMAN TRAFFICKING
RECRUITMENT
• consists in the promise of a well-paid work place, which does
not require any qualifications and which in reality does not exist
(babysitter, restaurant waitress, model, cook etc.) in newspaper
advertisements
• „success stories“ of other workers in a foreign country are presented
• the method of the „lover boy” is used – the victim falls in love with
the trafficker and is afterwards exploited
• medical care (treatment, prosthesis, operation) are promised to
people with a handicap
• happens through marriage advertisements
• blackmail is used.
WHO ARE THE PURCHASERS?
• The purchaser can be an independent person or a company with
the apparent activity field of a recruitment agency for work places
in foreign countries
• The purchaser can be a person known to the victim, sometimes
even trusted family members
• The purchasers usually have a work place with a high level public
contact: bartending, taxi driver, sales person etc.
TRANSPORTATION
• border control is often illegally done
• the victim is under the influence of the deception of the traffickers
ENSLAVEMENT OF THE VICTIM
• seemingly favorable work agreements are signed, which at the
same time contain phrases of enslavement
• identity documents are taken away
• harassment, violence
27

THE SALE OF VICTIMS
takes place between traffickers without the victim even knowing
the price also contains the „debts“ that the victim towards the trafficker
IF YOU FIND YOURSELF IN DANGER:
remember every details on the place where you are staying
(address, phone, names);
• ask for help from every person that you come in contact with;
• send a message asking for help to a family member or friend in the
country where you are (through phone, email, text message etc.);
• try to escape and contact institutions that could help you (church,
church organisations, Romanian embassy/ consulate in the country
you are staying in);
• contact the police
• within Romania call free of charge: 0 800 800 678
• call 112.
28

USEFUL ADDRESSES
Phone numbers in case of emergency:
Police: 110
Ambulance, Firefighters: 112
ANITP:
National Agency against Trafficking in Persons
www.anitp.mai.gov.ro/ro/
telephone line: 0 800 800 678
OUR COUNSELING CENTERS IN GERMANY:
• FIZ Information Center for Women
(counseling in Romanian; topics: elderly care, gastronomy)
Moserstr. 10, 70182 Stuttgart – 0049 (0) 711 23941-25,
simo@vij-stuttgart.de
www.fiz.vij-stuttgart.de
• Counseling office on labor exploitation, Diakonie Bremen
Blumenthalstr. 10, 28209 Bremen – 0049 (0)176 16384001,
dreke@diakonie-bremen.de
www.diakonie-bremen.de
OUR COUNSELING CENTERS IN ROMANIA:
• Information and Community Support Centre AIDRom, Iasi
4 Octav Botez Street, 700116 Iasi – 0040 (0) 743 575 765,
aidrom.cisc@gmail.com
• Community Information and Counseling Centre, Lampas Foundation,
Jean Calvin Street Nr. 1, 410210 Oradea - 0040(0)764 043 989,
ottilia.vura@open-vij.org ,
www.lampas.ro
• AIDRom
Halmeu Street Nr. 12, 021118, Sector 2,
Bucharest – 0040 (0) 21 210 46 87; 0040 (0)21 210 72 55,
www.aidrom.ro
29

In every region of Romania there is a regional office/ contact person
of the National Agency against Trafficking in Persons.
Oradea: anitp.oradea@mai.gov.ro
Iasí: anitp.iasi@mai.gov.ro
HELPLINE: 0 800 800 678 – free of charge, (00)40 21 313 31 00 –
available in Romania and abroad too
OTHER CONTACT POINTS IN GERMANY:
KOK
Offers information on different kinds of counselling centres (usually
in more languages) for women in all Germany. www.kok-buero.de
TRADE UNIONS:
DGB – Deutscher Gewerkschaftsbund/ German Union of Trade
Organizations, gives information on local trade unions and offers
counseling: www.dgb.de
COUNSELLING CENTERS OF TRADE UNIONS
FOR FOREIGN WORKERS:
Frankfurt/Main
Gosia Zambron, Mihai Balan, DGB-Haus – Regional office IG BAU, No.
2, 2nd floor, Rooma 2.204, Wilhelm-Leuschner-Straße 69-77, 60329
Frankfurt/Main,
E-Mail: mihai.balan@igbau.de; malgorzata.zambron@igbau.de
Available languages for counseling: German, Polish, Romanian
Hamburg
Jochen Empen, Arbeit und Leben Hamburg,
Besenbinderhof 60, 20097 Hamburg
Telefon: 040 – 28401677,
Email: jochen.empen@hamburg.arbeitundleben.de
Available languages for counseling: German, Polish, English;
Bulgarian, Romanian (if agreed upon in advance).
30

Berlin Brandenburg / dispatched co-workers
Monika Fijarczyk, Doritt Komitowski, Bettina Wagner DGB-Haus ,
Keithstraße 1-3, 10787 Berlin Zimmer 314/315,
Tel.: 030 21240-145 , Fax: 030 21240-116
RELIGIOUS COUNSELING SERVICES FOR CO-WORKERS
(KATHOLISCHE BETRIEBSSEELSORGE)
Religious counselling is a structure of the Catholic Church in Germany.
It is a service that offers counselling and assistance to people with
problems at the working place indifferent of the nationality and
religioun.
www.betriebsseelsorge.de
ROMANIA‘S EMBASSY IN GERMANY:
Dorotheenstr. 62-66, 10117 Berlin - Tel. 030- 2123 92 02,
office@rumaenische-botschaft.de,
www.berlin.mae.ro
You can also ask for help from the Romanian churches in Germany:
http://www.mitropolia-ro.de
FURTHER INFORMATION:
www.open-for-young-women.org/ro
www.aktiv-gegen-frauenhandel.de
http://www.bamf.de/SiteGlobals/Functions/WebGIS/DE/WebGIS_Migrationserstberatung.html
http://www.onlineberatung-diakonie-baden.de/migrationsberatung/
beratungsinhalte.html
31

NOTES
32

WITH THE FINANCIAL SUPPORT FROM THE PREVENTION OF AND FIGHT
AGAINST CRIME PROGRAMME OF THE EUROPEAN UNION
EUROPEAN COMMISSION - DIRECTORATE-GENERAL HOME AFFAIRS.
THIS PUBLICATION REFLECTS THE VIEWS ONLY OF THE AUTHOR,
AND THE EUROPEAN COMMISSION CANNOT BE HELD
RESPONSIBLE FOR ANY USE WHICH MAY BE MADE OF THE
INFORMATION CONTAINED THEREIN.