Dealing with termination & poaching

It goes without saying that a company recruiting internationally trained nursing professionals aims to retain these individuals for as long as possible. Nevertheless, there will always be cases where an internationally recruited person abandons the ongoing process before entering the country or in the first few months after arrival. There are also increasing reports of targeted poaching by competing companies after the recognition process has been successfully completed.

Internationally trained nursing professionals may change employers for a variety of reasons. It often becomes apparent that mutual expectations and ideas were not sufficiently aligned during the matching process during recruitment. If a recruitment agency is commissioned to recruit, it is its responsibility to make the matching process transparent and to take into account the interests of all parties involved, both the internationally recruited nursing professional and the institution, in a balanced manner. Careful coordination in advance can help to avoid misunderstandings and contract terminations later on.

From a business perspective, this is understandably very frustrating for companies. In addition, there may be moments of personal disappointment and hurt, as managers and integration managers have often gone to extraordinary lengths to support these new employees. Nevertheless, it is important to remain professional in such situations and to take a nuanced view of the reasons for the resignation or poaching. In some cases, a clarifying discussion can help to clear up misunderstandings or highlight prospects for continued employment. Feedback on what led to dissatisfaction can also provide valuable insights for revising internal processes, for example, with regard to onboarding or support for social integration.

In addition, it is worthwhile to develop preventive strategies for employee retention, such as targeted training opportunities and an appreciative work environment. After all, a high degree of belonging and appreciation can significantly reduce the risk of attrition and termination.

EU citizens enjoy freedom of movement for workers. Their residence is not tied to their place of work and they are treated in the same way as domestic workers with German citizenship.

Even though the residence permit for nursing professionals from third countries is initially tied to a specific job with a specific employer for two years, it is generally possible to change employers with the approval of the Federal Employment Agency. The immigration authorities must also be informed of the change of employer.

There are many reasons for changing employers, and these do not necessarily have to be related to the company or the employer. Companies should accept this fact and treat their employees’ decisions with respect.

Reflection and development discussions as part of the personnel development strategy can offer close support for internationally trained nursing professionals, showing them individual career paths and opportunities for professional development.

Retention and repayment clauses

In accordance with the employer pays principle (EPP), recruiting companies should ensure that recruitment costs are not passed on to nursing staff. Fair and ethical recruitment also means refraining from retention and repayment clauses, as these restrict freedom of choice of profession and freedom of movement.

Even if binding clauses are legally permissible in principle, they must not place nursing professionals at an unreasonable disadvantage. Whether this is the case depends on the individual case and the accompanying circumstances. It is particularly important that candidates know whether binding and repayment clauses are included before signing the employment contract. The recruited nursing professional must know what this binding clause means and what consequences it may have. The nursing professional should be able to decide independently and without pressure whether they want to accept the job offer despite the binding clause. Therefore, when recruiting, provide a comprehensive job offer (see Section 299 of the German Social Code, Book III) by presenting yourself in an attractive light and describing the job in detail. Binding nursing staff to an employer against their will and out of fear of high repayment obligations is extremely problematic from an employment law and integration policy perspective.

Instead of relying on restrictive measures, it is advisable to promote regional networking between employers in order to support nursing professionals when changing jobs within the region and to strengthen the location. In this way, individual needs, such as working time models, can be taken into account and the employer brand can be strengthened in the long term.

The international recruitment of nurses can be monitored, evaluated and regulated both while it is occurring and as a strategy. As the team responsible, you can focus on the following questions, for example:

What are the framework conditions like within the company?

• How attractive is the employer for nurses from abroad really – even after intensive recruitment and induction training?
• What was the recruitment and integration process like in the respective individual case? What could have been better?
• Were expectations and possibilities clearly communicated and intercepted?
• Were reasons for the termination by the employee explained openly?

Was the working environment attractive for the recruited person?

• Are nursing jobs in acute care hospitals and clinics (still) more attractive for nurses from abroad than those in the care of people needing long-term care?
• What career and renumeration possibilities can you offer as an employer in the long-term?
• Were expectations and opportunities clearly communicated and addressed?
• Were the reasons for termination disclosed by the employee?

What do the infrastructural framework conditions look like?

• Is the company location favorable or unfavorable in terms of infrastructure?
• To what extent is the company location unfavorable? Because connections to train stations and airports are too far away?
• These points need to be examined, because good connections to the public transport network are very important to many people. If the business location is rather unfavorable in terms of infrastructure, employers can counteract this with targeted measures:
• One option is to organize carpooling, for example through internal carpooling groups or an in-house carpooling exchange. This also strengthens team cohesion.
• Another possible solution is to set up shuttle services from the nearest train station or central meeting points. This is particularly important in rural areas, where public transport is often limited.
• In addition, job tickets or financial subsidies for public transport or obtaining a driver’s license can also make commuting more attractive for employees.
• Providing company housing or collaborating with housing providers can also be helpful.

Networking

In the first few months, many immigrants realize that connecting with a diaspora community or with people who have had similar immigration experiences can provide them with important support and guidance. Such communities are therefore often located locally and can be found in larger cities. If the workplace is too far away from these communities, employees may look for another job in their preferred location—and usually find one without any problems.

Increasing the attractiveness of structurally weak regions

Structurally weak regions can also use alternative strategies to increase their attractiveness to internationally recruited nursing professionals. This includes greater involvement and networking with local stakeholders to create social participation and meeting places. Measures to promote integration in the workplace, such as mentoring programs or regional networks, can help to build a sense of belonging and loyalty. Instead of relying on retention and repayment clauses, companies should focus on building trusting relationships and identification with employers and the region so that recruited nursing professionals stay out of conviction. More Information