On 13 July 2010 the European Commission presented a Proposal for
a Directive of the European Parliament and of the Council on
"Conditions of Entry and Residence of Third-Country Nationals
in the framework of an intra-corporate transfer" (KOM(2010)
378). This has been discussed by the Council of Ministers since 7
The aim specified in the Directive is to make it easier for
multinational enterprises to transfer skilled employees, executive
officers and trainees from third countries within the group, namely
from one part of the company in a third country outside of the
European Union (EU) to another part of the company within the EU.
The Directive regulates the entry, residence and employment
conditions in such cases.
The Committee on Internal Affairs of the German Bundestag has
now addressed this proposal in a public hearing held on 25 June
2012. At this hearing, the objections raised by the political
opposition were heard in particular, since it is of the opinion
that the draft Directive will open up the European Market for cheap
The Federal Government has not yet commented hereon. However, in
the course of the discussion on the lack of skilled employees in
Germany, there are several voices in favour of the proposed
Directive. Should this Directive be implemented, future group
employees from third-countries will be able to work in European
companies of the group without observance of the other provisions
of residency law (in particular equal pay). All that is required is
proof of the employment activity in the group.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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