on 21/12/2008, the "Law for the reorientation of labor market policy" was adopted.
The law came into force mainly on 01.01.2009, followed by other parts of the 01.08.2009.
purpose of the law is, job seekers quickly convey by improving, streamlining, greater flexibility and simplification of the labor market helps restore and integrate into the labor market, as well as the basic allowance for job seekers, according to SGB II and the promotion of employment under SGB III to coordinate more closely.
following is a summary of the main innovations. It is pointed out that only the most important positions are summarized, further changes are contained in the law. Sources, the current text of the law and information regarding the well identified at the end of the text as links.
following key objectives will be achieved: first
The employment agencies agency budgets in order to get more flexible, responsive, fast and efficient help for job seekers, § 45 SGB III. For this accounts for various individual services that are now grouped by the budget.
This allows individuals to promote a job seeker.
Individual means tests are possible, the support amount is based on the need and includes the assumption of reasonable cost. Grants are only eligible if they thereby improve the prospects of integration are not substantial, the scope of services is inadequate, or the employer provides similar services (eg company training).
second § 46 SGB III allows assignment of carriers with measures to enable and vocational integration training seekers, unemployed persons and workers threatened with job seekers.
objectives are:
a) introduction to the training and employment,
b) detection, reduction or elimination of switching barriers
c) Placement in an insurable employment,
d) introduction to self-employment or
e) stabilization of a job take
third In § 37 SGB III, the previously summarized in § § 6 and 35 SGB III IV contains provisions on profiling and the integration agreement.
integration agreements shall in accordance with § 37 II 3 SGB III specify which own efforts to integrate vocational training or job-seekers in the frequency for at least to take is and how he has to prove this.
If an integration agreement (eg, lack of participation of the unemployed) are not reached, the information required by paragraph 2 sentence 1 No. 3 own efforts may be fixed by administrative decision.
4th § 38 para 3 SGB governs the rights, duties and responsibilities of the co-training and job-seekers in the mediation process.
Jobseekers can now be ruled out for 12 weeks from the placement, if they fail to meet their obligations or the information set out in the integration agreement obligations. This is also created for non-recipients an effective penalty can be be.
5th The Internet job board of the "virtual labor market" should be expanded into a full-fledged Vermittlungsweg (§ 35 para 3 SGB III) on the support of job seekers to help themselves out.
addition, the employment agencies consider whether the job the job seeker within the meaning of § 121 SGB III are reasonable.
response to a request by employers, the agencies have in the future ask the job seekers for the production of contact and it thereby also on the legal consequences of a work refusal without cause to instruct.
NEW: § 421 provides h SGB III of the Federal Employment Agency a small budget available to enable the organization of temporary projects to test innovative labor market policies. The scheme is limited in time until 31.12.2013.
The law modernizing the labor market instruments and effective labor market instruments were developed: first
subsequent degree
For those without education leads to § 61 a SGB III, to improve the employability chances are entitled to prepare for the subsequent acquisition of a secondary school or equivalent university degree in a pre-vocational training measures. Third Party Services qualifying for this service will remain free here.
Employees also receive benefits under the provisions of § 77 SGB III I entitled to up to the subsequent purchase of the school leaving certificate or equivalent university degree.
legal claim to the degree in both cases is not connected, skills are demonstrated in a final examination.
second Development of Vocational Training
The promotion of vocational education with vocational training allowance will be extended to the training provided for the elderly of the Federal Act, § 60 SGB III.
third Supporting disadvantaged young people (Amendment from 01/08/2009) The provisions
to support disadvantaged young people in the transition to vocational training have been revised.
accordance with § 241 paragraph 1 sentence 2 SGB III need of support youth training support following termination of training can also receive up to accommodate another company or external training. The support of the action in accordance with § 242 para 4 of Book III is now required in the event of cancellation of the external training is successfully completed part of their training to certify.
4th New for older workers
The testing period for the integration subsidy for the elderly (§ 421f SGB III) extended until 31/12/2010.
for wage insurance for older workers (§ 421j SGB III) which is also being under the premises of the § 421 SGB VII j III to extend the services provided up to 31/12/2012.
were to coincide with the change in Book III and inefficient labor market instruments have been abolished:
· the Employment subsidies for start-up (§ § 225-228 SGB III) as
integration grants (§ § 217 ff SGB III) and additional funding opportunities outside of the SGB III
exist;
• the job rotation (§ § 229-234 SGB III),
· the subsidy to wages in education assistance to flank the Agency
for work during the training period (§ 235 SGB III)
• the employment support for integration (§ § 246a - 246d SGB III)
· the institutional arrangements for promoting vocational education and training of
means the unemployment insurance (§ § 248-253 SGB III).
to further changes may be made:
a) § 141 SGB III sideline
The current unequal treatment in the reckoning of income from a sideline on the unemployment benefit between dependent and independent activity is repealed. The limitation of such additional income from salaried employment to the low limit (400, - EUR) is omitted.
exercises from the unemployed during a period for which he owns in unemployment benefits, an economic activity within the meaning of § 119 III of Book III, the resulting income earned after deducting taxes, social security contributions and expenses and an allowance of € 165 € be counted in the calendar month of the exercise. If it is a self-employed or work as unpaid family workers, are flat 30 percent of operating revenue to sell as a business expense, unless the unemployed has increased operating expenditure, I, § 141 SGB III.
b) § 144 SGB III curfew
The blocking period of time at work refusal, rejection or termination of an employability measure (§ 144 para 4 SGB III) represents now a flat rate from the number of insurance business practices. The blocking time for a first-time insurance misconduct of this kind 3 weeks, in the second, 6 weeks and at all other violations of 12 weeks. The duration of a lock time is insufficient for independent job 2 weeks, failure or delay in reporting Seeking Employment Message 1 week.
impact of changes in Book III of the Social Code II:
The changes in Book III have impact on the basic security for jobseekers, which is why the contract was modified for inclusion under SGB II.
core provision is the extent of the revised § 16 SGB II, which I set out in paragraph 1 refers again to the SGB III: Inclusion in work, the agency provides work for benefits under § 35 SGB III.
employable persons in need who do not have the necessary work for a basic knowledge of German should continue in accordance with § 3 Para 2b SGB II under the local conditions in the integration agreement are required primarily to participate in a language course.
For those who want to learn in detail, the following sources:
http://dip21.bundestag.de/dip21/btd/16/108/1610810.pdf bill of 08.11.2008
http:/ / www.aus-portal.de/aktuell/gesetze/01/index_9112.htm ... a detailed summary of the background details about the current laws give
text in Book III, see:
http://gesetze.bmas.de/Gesetze/gesetze.htm # sgb03x421o.htm (legal as of 01/01/2009)
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