FachkräftePfad Recruitment Framework – no job placement within the meaning of the German Temporary Employment Act (AÜG)

Integration and Recruitment Framework (Standard Version)

1. Role Definition and System Positioning
The FachkräftePfad is not a job placement agency in the legal sense and does not conduct job placement in its own name.
The FachkräftePfad is a quality-assured integration and recruitment framework that defines and structures processes, standards, entry gates, and compliance requirements for international talent acquisition.
The FachkräftePfad acts as framework owner, process architect, and quality assurer – not as a contractual partner to employment relationships.

2. Role of the FachkräftePfad in the Recruitment Process
Within the framework, the FachkräftePfad performs procedural and quality-assurance functions, in particular:

  • structured pre-selection based on defined criteria (e.g. language level, formal requirements, document and process readiness),
  • coordination and structuring of matching processes (profile alignment, interview preparation and coordination, process facilitation),
  • ensuring transparency, fair recruitment standards, and process clarity.

These services are provided in a supportive and advisory capacity.
Final selection decisions, hiring decisions, and the conclusion of employment contracts lie exclusively with the employer.
The FachkräftePfad:

  • does not conclude employment contracts,
  • does not issue hiring commitments,
  • does not owe a placement or employment outcome.

3. Delimitation from Job Placement
The FachkräftePfad does not act as a job placement agency in its own name.
Employment- or placement-related contractual relationships arise exclusively between:

  • employer and candidate (employment contract),
  • employer and, where applicable, commissioned recruitment partners (service or placement contract).

The FachkräftePfad is not a party to these contracts.

4. Pre-Qualification Phase (A1–B1)
Language pre-qualification up to and including level B1 (CEFR) is considered an upstream qualification phase and is not part of the recruitment or placement process within the FachkräftePfad. This phase:

  • takes place without employer involvement,
  • does not include selection or hiring decisions,
  • does not establish any entitlement to later placement.

Any language or qualification measures prior to the entry gate take place outside the FachkräftePfad.
Any contractual, payment, or obligation relationships entered into by candidates during this phase are outside the influence and responsibility of the FachkräftePfad and do not establish any employment- or placement-related connection with the FachkräftePfad or the Inside Culture Academy.

4a. Dropout Prevention & Learning Stability (Upstream Preparation)
Context and risk definition
Experience shows that a significant dropout risk exists between A1 and A2 language levels. This risk is not primarily caused by language difficulty, but by missing cultural context, lack of system understanding, and unrealistic expectations regarding life and work in Germany. Pure language instruction without orientation and meaning leads to declining motivation and learning discontinuity. ICA’s role – preparation infrastructure, not recruitment

To mitigate this structural risk, ICA provides system-level preparation measures prior to the B1 entry gate, including in particular:

  • Train-the-Trainer programmes (Culture & Language Mentor qualification)
  • Parent workshops and expectation alignment formats
  • Cultural orientation, system understanding, and early autonomy framing embedded into language learning

These measures aim to stabilise learning pathways, reduce early dropouts, and create orientation and motivation during the language preparation phase.

Legal and procedural clarification (binding)
These preparation measures:

  • are not part of the recruitment or placement process,
  • do not involve candidate selection, matching, employer involvement, or job promises,
  • do not create any entitlement or expectation of later employment,
  • serve exclusively to support learning continuity and realistic preparation until candidates reach the B1 entry gate.

They take place entirely outside the FachkräftePfad recruitment framework and do not alter the framework’s legal classification or role under the AÜG.

5. Entry Gate – Start of Structured Recruiting
Formal entry into the structured recruiting process within the FachkräftePfad occurs exclusively upon submission of a valid B1 language certificate (CEFR).
Only from this point onward:

  • is a candidate profile included in the framework,
  • do structured selection, matching, and integration processes begin,
  • do the defined fair recruitment and cost principles apply.

6. Fair Recruitment Principle (Framework-Based)
Within the FachkräftePfad framework:

  • The FachkräftePfad does not charge any fees to candidates.
  • The FachkräftePfad is not the recipient, organizer, or invoicing entity for recruitment-related payments made by candidates.

Recruitment, selection, qualification, and integration services provided from the entry gate onward within the framework are borne by the employer.
This arrangement serves to implement recognized fair recruitment principles without placing the FachkräftePfad in the role of a job placement agency.

7. Cooperation with Recruitment Partners
Recruitment partners formally acknowledge this framework and commit to:

  • observing the B1 entry gate as the starting point for structured recruiting processes,
  • not treating candidates below B1 as placement or recruitment candidates,
  • not creating commitments or expectations regarding future employment prior to B1,
  • ensuring transparency towards candidates regarding phases, roles, and responsibilities.
  • Any deviations require an explicit written agreement.

8. Binding Nature and Application
This recruitment framework:

  • forms part of all recruitment agreements within the FachkräftePfad,
  • is binding for all partners and stakeholders,
  • serves as the basis for internal compliance, external communication, and contractual design.

Guiding Principle (Binding)
The FachkräftePfad does not place employment relationships.
It structures, quality-assures, and orchestrates processes
in which fair international recruitment takes place.