Working opportunities with additional expenses compensation

The opportunity to work with additional government expenses ( AGH - MAE ) is a labor- market policies in Germany. With a work opportunity is generally a labor market policy instrument to support the unemployed in integrating into the labor market, respectively. Job opportunities in this sense are additional activities that are offered away from the existing labor market and with the help of public money.

It provides recipients of unemployment benefit II employment which they can use to maintain or regain their employability ( § 16d SGB II). Such activities (additional jobs) must not displace existing jobs. Until 31 December 2008, these additional jobs were identical in content regulated by § 16 para 3 SGB II.

The aim of the additional jobs is long-term unemployed back to the "first employment " introduce. Whether this goal is achievable is controversial. " MAE- forces " are not considered as "unemployed" within the meaning of SGB III and are therefore not included in the unemployment statistics. The calculation of the pension value is from the average trend of gross wages and salaries in accordance with the pension adjustment formula. The additional jobs will be eliminated.

In addition to the unemployment benefit is paid a " compensation for additional expenditure " (MAE ). This is so the Alg- II receiver replace the addition resulting from the exercise of the Additional Jobs expenses because they are not considered in the control performance. The additional cost is ( former social assistance) compensated by resorting to the long-standing administrative practice to § 19 Federal Social Assistance Act, with amounts between EUR 1.00 and EUR 2.50 per hour. Through an additional job is not there is no regular employment, even if recourse to the work was illegal. Therefore, the compensation does not constitute remuneration dar.

• 4.1 In addition,
• 4.2 In the public interest lying
• 4.3 Competitive Neutral

• 8.1 Allocation Basics
• 8.2 No claim assignment

So-called "One- Euro - Job"

The Federal Ministry of Labour and Social Affairs considers the term "One- Euro - Job" for misleading. On the one hand, the compensation is not wages, but serves only to compensate for additional costs. Secondly, get ALG II recipients who take an additional job, far more than a euro. Because the overhead compensation they received in addition to the basic benefits. Additional jobs are not a substitute for paid work and unemployment benefits do not fall off, instead you receive in addition at least one euro per hour worked.

History

Charitable additional work

Additional jobs are the continuation of the existing ever since the 1920s, " additional charitable work."

According to the Regulation on the duty of care from February 1, 1924 had to fit for work who wanted to get a welfare support by the states and municipalities as the carrier of care, do community work. The support could be granted in appropriate cases, either by the instruction of appropriate working profit nature or made ​​dependent on the performance of such work.

Unemployed persons who wished to receive from the 1927 founded as unemployment insurance institution of Reich Institute for job placement and unemployment insurance, the so-called crisis support that, as subsequent unemployment benefits, no insurance but a welfare benefit was had, as far as this was an opportunity, an additional, non-profit and reasonable temporary job performance provide. They received Aside from the welfare benefit a compensation for additional expenditure by the support of the work.

Additional and nonprofit community work, which are specifically not considered employment and for the unemployed received only a compensation for additional expenditure were, so far as this was an opportunity in the Federal Republic to the creation of the Employment Promotion Act 1969 condition for access to unemployment assistance.

In the Federal Social Security Act, which came into force on June 1, 1962, the term was introduced job opportunities to express a paradigm shift. The community service was not performance requirement for social assistance, but should the inclusion of those seeking help are in the workforce. However, " work-shy " with the omission of the claim could be sanctioned.

The job opportunities were offered before the Hartz IV reform by the end of 2004, only to a small extent by the social services and therefore were hardly known to the public. In particular, the duration of the employment by the end of 2004 was much shorter than today. They usually consisted of only a few weeks. Similar to the additional jobs known today was the profit (now public interest) and additionality of the work formally a legal prerequisite for the creation of such a body without earnings.

Job opportunities after the Hartz IV reform

Since the introduction of unemployment benefit II Additional jobs gained greater importance. Both the number of the forces employed as well as the length of the inserts to be picked.

The Seventh Act amending the Third Book of the Social Code and other laws ( on 15 April 2008, retroactive to 1 January 2008) must be conducted after the so-called " 58ers " rule for Alg II recipients according to § 65 paragraph actively seeking 4 SGB II again employable needy over the age of 58 addition to their integration into work. The new § 3 para 2 SGB II determined that they are to convey immediately in a job or in an additional job.

Objectives

Target group of the additional jobs according to § 16d (up to 31 December 2008, § 16, paragraph 3 SGB II) are unemployed, relating Alg II and can not find work in the open labor market. The development of additional jobs is subordinated to the duty performance of the agency as well as to the discretionary benefits for inclusion, aimed at an immediate integration in the general labor market.

The additional jobs to unemployed used (under " softer circumstances " ) back to the rhythm of the workday and the expectations of the labor market to a certain level of labor discipline and so restore the integrity of the workforce for employers. This is intended for persons to be made ​​more attractive for employment in the primary labor market. As such, these additional jobs are therefore intended mainly for the integration of long-term unemployed, which would in all likelihood not absorb differently in the foreseeable future regular employment.

Requirements

The additional jobs with compensation for additional expenditure must also be, in the public interest and be competitively neutral.

Additional

In the public interest lying

Competition Neutral

Working time and duration

Usually it is part-time work of 20 to a maximum of 30 hours per week. The extent of up to 30 hours per week was upheld by a judgment of the Federal Social Court of 17 December 2008 as lawful. A lower limit for the weekly duration of additional jobs do not exist, but it is usually at least fifteen hours per week, otherwise unemployment will not quit.

As additional jobs provide with their objective to introduce them to the mainstream labor market, no permanent attendance, individual assignment is temporary, normally on 3 to 12 months. Or an extension part can be repeated if necessary.

Occupational Safety and Health

For employment opportunities with additional expenses compensation shall apply in accordance with § 16d para 7 sentence 2 SGG II, the provisions of labor protection, although legally there is no employment relationship. Responsible for the safe working of the measure carrier, thus the precautions to prevent accidents at work and work-related health hazards and must ensure a humane design work. Where necessary, must provide, for example, at his own cost safety shoes or weather protective clothing of the measure carrier. The rights of the works council must be observed.

The action participants must follow the instructions on occupational safety and may Appliances, machinery and personal protective equipment only as intended use (§ 15). Imagine defects such as on machinery and equipment firm, which may have an impact on safety and health, they need to immediately report to the person responsible for the application ( § 16).

Extent of compensation for additional expenditure

The amount of the additional allowance under § 16d is enshrined either in law or in accordance with the relevant jurisprudence necessarily with € 1 per hour worked. However, it is often granted at this level, making these additional jobs, the term " one-euro jobs " were given. In some cases it may also be higher the compensation. So in tough working conditions or Sunday work compensation up to 2.50 € have become known. The compensation is one legally not as wages but is a replacement for the expenses incurred by a AGH - MEA (eg expenses for travel to work ). Thus will not be paid during a disease because there are no such expenses for that period.

For additional jobs there is no statutory additional income ceilings. Normally, the working week is not more than 30 hours, so that € 200 be achieved at a payment of € 1.50 per hour not more than a month. The total compensation per month varies depending on the scope of employment about 80-190 euros. It is paid in addition to the benefits of livelihood, without deduction for this.

A lower limit for the compensation for additional expenditure was also included by law, arises, however, from the case. Thus, according to deduction of all created by the perception of an additional jobs costs remain a certain balance in order to provide a financial incentive for the activity. The Federal Social Court, has so far left open the question whether the compensation for additional expenditure at all any incentive or compensation for acting as such must include open. The amount of the required amount has been judicially not yet been determined. An amount of € 0.78 after deducting all costs, however, was considered to be sufficient in a particular case.

Allocation

Allocation bases

An additional job is usually assigned to the unemployed as a result of integration agreement between him and the service provider. The incorporation contract is a contract under public law. If an additional jobs has not been substantiated in an integration agreement, the content, the necessary as determined by the institution of basic benefits by means of administrative ( allocation decision ). Even if integration agreement is not reached, the allocation is made by an administrative act. An administrative act may be challenged by contradiction and action.

Requirements of the legality of the allocation of an additional jobs are addition to those conditions the following four characteristics:

• Subordination

• Proportionality

• Definiteness

• Occupational Safety and Health

• Reasonableness

No assignment of claim

A working-age performance rightful owner has no legal right to an additional job, provided that the assignment it has not been committed in the integration agreement. He may request to participate, however, is the decision whether to support the discretion of the Authority. Taking up work in the open labor market is in each case (even while attending a AGH - MAE ) priority. For working-age non- beneficiaries, the assignment comes to an extra job at all out of the question. Working age beneficiaries who have reached the age of 58 years are to give according to § 3 para 2 SGB II delay in work or in an additional job. However, this does not constitute a personal right on the assignment.

Implementation

The basic insurance carrier performs additional jobs usually not itself but he charged with third parties, such as local employment partnerships, nonprofit organizations or private educational institutions. Possible events include simple helper work in kindergarten, gardening and landscaping, from the City Information City or cleaning, elderly care and nursing or as a shopping assistant for the elderly. The additional jobs are not settled in the rule to non-profit private companies.

Sanctions for refusal

If you do not receive an assigned additional job without good cause or continue or preventing their initiation by his conduct that is sanctioned in accordance with § 31 Section 1 Sentence 1 No. 2, § 31a SGB II, that is, the payment of unemployment benefit II is in the amount reduced by at least 30 %. The prerequisite is that the beneficiaries have been informed in writing in a timely manner, specific and based on the additional job of the legal consequences of a breach or knew the legal consequences. He also has to be consulted before the adoption of sanctions. The additional job must not be used as a " means of disciplining " but the inclusion in the labor market must serve and is compared with other rehabilitation measures on the labor market of secondary importance. The AGH - MEA needs to be substantiated before the start in terms of employment donor, type, location and extent of use.

Legal

The assignment of additional jobs is unlawful if the work performed in addition job work for the beneficiaries are unreasonable or if they do not also, not lying in the public interest or are not competitively neutral. The violation of legal regulations of labor protection, criminal law, render illegal.

If the assignment on one side by an administrative act ( decision ), then according to § 78 ff of the SGG beneficiaries raise objections and thus can examine the legality and appropriateness of the administrative act by the authority. Directs the Authority rejected the opposition, the decision may be challenged in proceedings before the Social Court. Contradiction and action pursuant to § 39 have # 1 Book II no suspensive effect, the decision is immediately enforceable. However, the appellant or the applicant may request in accordance with § 86a para 3 SGG to suspend the immediate enforcement of the administrative act in whole or in part.

Was the other hand, the assignment directly in the integration agreement according to § 15 SGB II, the assignment can not be challenged directly, because it is not an administrative act in this case, but is based on a public contract. The additional job is to take, even if the employment is not also or if it is unlawful for other reasons. In consideration but is a contract amendment, a dismissal or a complaint with the competent authority, in case of a rescission appeal a challenge to the integration agreement before the court by way of interim relief.

Is the integration agreement according to § 58 SGB X void, perhaps because of the additional job the commission of an unlawful act requires that realizes a criminal offense or penalty, the allocation sequence must not be made.

Refuses the beneficiaries without good cause to accept or continue the additional job, even though he is committed to assisting the Authority must reduce the unemployment benefit II or entirely escape. The existence of good cause must be the beneficiaries in accordance with § 31 Section 1 Sentence 1 No. 2 in conjunction. Section 1 Sentence 2 SGB II dargelegen and prove. If the activity is unreasonable for the beneficiaries after reasonable rules of § 10 SGB II or for other reasons, 31 paragraph 1 No. 2 SGB II may set in accordance with § 1, a termination or refusal are not sanctioned. Decisions of the Authority on a sanction can be challenged by contradiction and action.

If any dispute between the claimant and the Maßnahmeträger recourse to the social courts shall be open.

Compensation for additional jobs that are not explicitly

In the absence at an additional jobs at the feature of additionality, the participant may claim compensation on the basis of a public-law reimbursement claim for wrongly Employee service from the support of basic insurance. The compensation is working day thereafter to determine which wage for the work should have been paid if the work had been done in a regular employment relationship. Of these, the benefits must be deducted to ensure the ongoing livelihood.

Number and structure of additional jobs created

According to a report of the Federal Court has been assigned an additional job in 2005, approximately 604,000 Alg- II receivers. The planned duration of participation was 5.7 months on average. For this, the federal government spent about 1.1 billion euros. In almost a quarter of the measures examined the eligibility criteria were not met, because the to-do activities are not in the public interest, not in addition to or were not competitively neutral. For further nearly 50 % of the cases examined the basic security agencies had no reliable knowledge about the measures content, so that there were also doubts about the eligibility. Despite early criticism of these abuses has been no significant change here until 2008.

More than half of the additional jobs will be offered in the new federal states. There the long-term unemployment is particularly high. After a sharp rise to about October 2005 the number of persons remained in additional jobs since largely stable and amounted, for example, in May 2006, 290,000 (previous year, five months after the introduction of such employment, they still amounted to 179,000 ). Also the year 2007 there were about 300,000 additional jobs simultaneously, which means that out of 100 long-term unemployed on average going about twelve of such employment. While in the West the vast majority of the forces employed no professional training, (62 % of women used and even 76 % of males employed), this is exactly the opposite in the east (22 % / 40 %). Formally highly qualified professionals are rarely used (2 % have a university degree ). The vast majority of the ( 69 % of women and 78 % of men) was unemployed at the time of commencement of the additional jobs over two years.

From the option municipalities additional jobs are used in various degrees. So some have a reputation even more to use the additional jobs in their own local area as working groups, other forego almost entirely on the use of additional jobs as inclusion means.

Discussion

Criticism and negative effects

Deterioration of the regular job offer

The prevention of displacement, apparently failed at least in some industries to a large extent - on the contrary: The Federal Employment Agency recorded example, a decline of job opportunities in the care sector, which is also confirmed by a study by the Institute for Labour Market and Employment Research ( IAB). The research findings of the Institute of the Federal Employment Agency showed that in the course of the employment of additional jobbers in does not displace regular employment inconsiderable extent and the existing competition would be affected. In four percent of institutions offering the so called One - Euro - Jobs, according to the study personnel savings in the regular employment were the result, based on other evidence, it was concluded that the actual proportion of establishments in which directly regular jobs would be replaced with more than 4% would be.

The DGB published in May 2009, a separate analysis of survey results of the IAB. In the survey 45 % of respondents AME - workers had indicated to perform the same work as their regularly employed counterparts. 64% of respondents would have the additional jobs to judges that they could not improve their prospects in the labor market. One in four respondents had indicated that for the activity in the one-euro job completed training was necessary. These figures were interpreted as suggesting that the " one-euro jobs" destroy jobs.

A similar result of the Federal Court came in a report by April 2008. Two thirds of the tested work opportunities is at least one promotion requirement was not met, in eight cases out of ten is the activity was not additionally. Half of the measures examined had stood not in the public interest. Finally, in three of four additional jobs no measurable progress in integration are identified that measures are therefore - at high cost - largely ineffective.

Crafts President Otto Kentzler has the strong increase of the additional jobs in Germany criticized. " In the one-euro jobs all levees break ". Their number was increased in 2005 to well over 200,000, the federal government set my sights even 600,000, so Kentzler. Local authorities put the unemployed often there, where they still craft companies had commissioned until recently. Thus, the people displaced in additional jobs and the regular labor, which then ended up in unemployment.

Artificial low-wage sector

By adding jobs would also attacked in the opinion of critics, the employment and payment conditions of all workers. Among the quality would suffer in the facilities. The remaining employees were increasingly worried about their jobs. By work overtime, they prevented recruitment and harm their family and social relationships. You waive recovery time in case of illness, so their effect on health and long-term burden on the healthcare system. Society as a Whole by a fear-driven hopelessness is created, the harm to the economy affecting itself (energy, creativity, commitment, purchasing power ) and the social fabric disturb (separation of the population ).

Public and private employers could continue to withdraw from its responsibility for the creation of regular jobs. This would, among other things achieved by a deliberately produced underfunding of public budgets being pushed is with regard to the cash-strapped would a total social acceptance encouraged to have done other work required by MAE- forces.

Statistics distortion

Additional jobs contribute to the " fining " the unemployment statistics. There are measures of active employment promotion in additional jobs, MAE measure forces are participants. They are according to § 16 para 2 SGB III is not considered unemployed, even though they receive unemployment benefit II and not engage in any insurable employment. The participants in an AGH - MEA regarded as job-seekers and are reported as such in the current labor market statistics.

Distortion of competition

A further problem is that facilities that additional jobs are running against the law to save regular staff, thus over competitors who behave compliant control gain, operational benefits. The advantage resulting from the consequent at public expense ( financing of additional jobs through taxes ) saved labor costs.

The distortion of competition is reinforced by the fact that institutions that use the additional jobs, get this measure packages, although they often arise through no or significantly lower expenses through the insert. The Federal Court refers to this in a test report from April 2008 by a pure deadweight effect of public subsidies.

Casualization

Another criticism on the part of Hartz IV opponents that people by the additional jobs to take up work in poor, precarious conditions ( partial payment does not require coverage, poor working conditions ) are pushed. You would participate in such work so as not to end up on life in a work opportunity.

Working conditions

Since it is not about working conditions in the additional jobs, there is neither a contract of employment or collective remuneration, are not entitled to paid leave in case of illness or vacation, no right to strike and no protection against dismissal. The one additional job underlying legal provisions of § 16d does not constitute an employment relationship within the meaning of labor law. This is found by critics as constitutionally questionable, since "so many hundred thousand people are put into a state of lawlessness or lack of legal clarity ."

Doubt as to improve the employability

According to a study by the Institute for Labour Market and Occupational Research is doubtful that additional jobs into regular employment are generally faster switching conducive to long-term unemployed. So assigned forces were on average even later placed in work than other long-term unemployed in such additional jobs. Here, it is spoken by a Einsperr effect, which runs contrary to the original aims of such activities. Even after an audit report of the Federal Court of the beginning of 2008 has brought nothing employment for their overall integration of three of the four used in additional jobs unemployed.

Argumentation, in favor of the additional jobs

Practical suitability proof and control

Additional jobs can improve the chances of job seekers at a later adjustment, since the aggrieved party may also recommend the performance shown for a setting on vacancies. Mandatory prerequisite for this is the elimination of the possibility to perform necessary activities resulting from AGHlern. So this takes advantage only if the assigning authority may control the additionality of jobs created accordingly.

Practical training

Due to the additional jobs practice skills can be acquired, which then improves the employability in a regular job.

Active participation in society

Many ALG II recipients do not feel used and worthless. Through these measures it is - so the theory goes - easier for people to contribute back into society and pursue a regular daily routine. New social contacts can be made. In actual compliance with the legal requirements they perform for society useful ( = profit ) additional works from, for example, additional care for the elderly ( read, discussions, society). In fact, however, many additional jobs are not local authority applications, but are used in specially created projects in which only the project itself has no "one- euro jobs " are. This social exclusion is more aggravated because the only social contacts continue to take place with other unemployed.

Additional jobs for hard -to-place

Those who are not employable in the open labor market in the long run, can get a job. Regular request of the person concerned, a negative change in the circadian rhythm can be prevented. Thus, activity is created for individuals who are assessed as a chance about because of health limitations or because of large gaps in your CV in the "regular" job search. The unemployed person may receive a written testimony about his job performance after the end of employment.

Free credit additional income

If the additional expense of an ALG II recipients is lower than the compensation for additional expenditure can create a motivating intake. So, this compensation under § 16d SGB II in receipt of unemployment benefit II a qualifying free " additional income " opportunity. For this reason, little -to-place needy also be assigned at his own request an additional job. The qualifying free compensation for additional expenditure, in addition to an extra income ( allowance, for example, 160 euros for a 400 - Euro - Job ) exist. In order for the recipient even has two additional sources of revenue in addition to the basic benefits, this means an appreciable net income compared to regular social insurance contributions in the low-wage sector.