Most German employers who hire from India never see the recruitment process on the Indian side. They see a shortlist, a trade test video and an arriving worker. What happened before — who the worker paid, what they were promised, whether they borrowed money — determines how that worker behaves after arrival. Fair recruitment is therefore not only an ethical question; it is a practical one.
The Indian Legal Framework
Under India's Emigration Act, recruitment for employment abroad must be carried out by recruiting agents registered with the Ministry of External Affairs, or directly by the foreign employer under the applicable rules. Registered agents may charge workers only a service fee capped by the government, and must issue receipts. Charging beyond the cap, or recruiting without registration, is an offence. The eMigrate system records registered agents and, for certain destinations and passport categories, the emigration clearance process.
For German employers the practical consequence is simple: work with a registered agency and ask to see its registration.
The Employer-Pays Principle
International fair-recruitment standards, including the ILO's General Principles and Operational Guidelines for Fair Recruitment, state that workers should not be charged recruitment fees or related costs. Those costs — advertising, selection, testing, agency service fees, documentation, visa and travel — are borne by the employer. Many German employers adopt this principle in full, and it is the standard we recommend.
Where Indian law allows a small capped service fee, a growing number of employers choose to pay it too, so that the worker arrives owing nothing to anyone.
Health Workers and the WHO Code
The WHO Global Code of Practice on the International Recruitment of Health Personnel asks destination countries to recruit health workers ethically and to avoid active recruitment from countries facing the most severe health-workforce shortages. WHO publishes a Health Workforce Support and Safeguards List of such countries. India is not on the list in the editions published to date, but employers recruiting health staff should check the current version before starting a programme.
Germany has also created a voluntary quality seal for ethical recruitment of international care staff, which agencies can apply for. Bilateral arrangements, such as the framework for nurse recruitment between Germany and India, set further standards. See our nursing shortage guide.
German Placement Rules
German law also restricts what private placement agencies may charge job seekers for placement in Germany. Employers who use intermediaries should require them to confirm in writing that workers have not been charged beyond what the law permits.
Warning Signs of Fee Abuse
Signs that something has gone wrong in the recruitment chain:
- A worker mentions paying "for the visa", "for the slot" or "for the job"
- A worker arrives with debts to someone other than a bank or family
- Sub-agents in India whose names do not appear in your contracts
- Candidates who cannot explain who selected them or how
- Promises at interview that do not match the contract — higher pay, different city, overtime that German law does not allow
- Requests that you pay a "processing fee" in cash or to a personal account
Workers who paid large sums often feel compelled to recover them quickly. They take second jobs, accept illegal overtime, or leave for slightly higher pay. Debt is one of the strongest predictors of early departure.
What Employers Can Put in Place
Contract terms with the agency: a clause stating that no fees beyond the legal cap are charged to candidates, with a right to audit and to terminate if breached.
Direct confirmation from workers: a short, confidential question at arrival — "Did you pay anyone for this job?" — in the worker's own language.
Transparent offers: a written job offer the worker receives directly, before departure, matching the final contract.
No passport retention: never hold workers' passports or residence documents. It is unlawful and destroys trust.
No deductions for recruitment costs: relocation loans must be transparent and proportionate; recruitment fees must not be recovered from wages. See our relocation package guide.
Why It Pays Off
Fair recruitment protects your reputation with customers, auditors and works councils. It also produces better hires: workers selected on merit, who know their contract and owe nothing, stay longer and engage more. The retention guide covers what happens after arrival.
Our Position
Taha Airwaves operates under an MEA registration, charges workers nothing beyond what Indian law permits, and issues receipts for anything charged. German clients receive our candidate fee policy in writing. For details, see the Germany hiring page.
Frequently Asked Questions
Is India on the WHO health workforce safeguards list?
India has not been on the list in the editions published so far. Because the list is updated periodically, health employers should check the current edition before starting recruitment.
Can a German employer recover recruitment costs from a worker’s salary?
Recruitment fees should not be passed on to workers. Relocation loans or training costs can be recovered only under transparent, proportionate agreements that respect minimum-wage and employment-law limits.
