Regulation on the requirements and the procedure for the accreditation of competent bodies and the approval of institutions and measures for the promotion of employment in accordance with the Third Book of the Social Code (Accreditation And Authorisation Regulation) Labour Promotion-AZAV)

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AZAV

Date of completion: 02.04.2012

Full quote:

" Accreditation and Accreditation Ordinance of 2 April 2012 (BGBl. 504) "

Footnote

(+ + + Text proof: 6.4.2012 + + +) 

  

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Input formula

On the basis of § 184 of the Third Book of the Social Code-Employment Promotion-which is defined by Article 2 (18) of the Law of 20 December 2011 (BGBl. 2854), the Federal Ministry of Labour and Social Affairs is responsible for: Unofficial table of contents

§ 1 Accreditation procedure

In the case of the examination in accordance with Section 177 (2), first sentence, point 2 of the Third Book of the Social Code, the accreditation body shall take into account, in particular, whether the persons responsible for the approval of institutions and measures at the certification body have extensive knowledge of the subject areas according to § 5 paragraph 1 sentence 3 as well as with regard to the content and implementation of measures according to § § 45 and 81 and 82 of the Third Book of Social Code. Unofficial table of contents

§ 2 Carrier authorisation

(1) A institution shall be capable and reliable in accordance with Section 178 (1) of the Third Book of the Social Code, in particular if its financial and professional capacity is guaranteed and if there are no facts to which it is unreliable or those of the persons appointed to manage the transactions. In order to enable the competent authority to assess the performance of the wearer, the institution shall, in principle, receive the following information and evidence:

1.

a declaration as to whether insolvency proceedings have been initiated, requested or rejected by a lack of mass on its assets,

2.

a presentation of its organisational and staffing structure and the appropriateness of these structures for the implementation of measures for the promotion of employment,

3.

a presentation of the suitability of the premises to be used by the participants; and

4.

an overview of its current offer of measures.

In order to enable the competent authority to assess the reliability of the wearer, the institution shall in principle receive the following information and evidence from the institution:

1.

in the case of natural persons, the name, date of birth, place of birth, address, address, address of the place of business and branches from which the measures to promote employment are to be offered, and in the case of legal persons, and Name, date of birth and place of birth of the representatives according to the law, statutes or social contract, address of the place of business and branches of which the measures of the promotion of employment are offered , and to the extent that the institution is to be included in the association or commercial register is entered, a corresponding excerpt,

2.

a statement by the institution, the legal representative or the legal representative or, in the case of legal persons or non-legal persons, associations of persons who are represented in accordance with the law, the articles of association or the social contract for representation or management Persons entitled to a criminal record, criminal proceedings pending, investigative procedures and commercial subclaims within the last five years.

(2) The capacity of the institution to support the integration of the participants in accordance with Section 178 (2) of the Third Book of the Social Code shall in particular require that he be engaged in the implementation of the measures situation and development of the training and/or training programme. Labour market. In order to enable the competent authority to assess this capacity of the institution, the institution shall, in principle, receive the following information and evidence from the institution:

1.

a presentation of the nature and scope of cooperation with actors in the training and labour market on the ground,

2.

a presentation of the methods used by the institution to take account of developments in the labour market relevant to labour market trends,

3.

an overview of the measures already implemented in the respective department according to § 5 (1) sentence 3 and their labour market results and

4.

Evaluations of the carrier by participants and companies.

(3) In order to enable the expert body to assess whether the training and professional experience of the management as well as the teaching staff and experts in accordance with § 178, point 3 of the Third Book of the Social Code, expect a successful implementation of a measure , the institution shall, in principle, receive the following information and evidence from the institution:

1.

as well as the training and further education of the management as well as the teaching and professional staff, including their professional career and their practical professional experience in the department,

2.

on the pedagogical aptitude of teachers and professionals, including their methodological and didactic competence, and

3.

Assessments of the teaching and specialist staff by participants.

(4) A system for safeguarding the quality according to Section 178 (4) of the Third Book of the Social Code is available if the quality of the services is guaranteed and continuously improved by means of targeted and systematic procedures and measures. In order to enable the competent authority to assess the existence of the conditions, the institution shall, in principle, receive a documentation from the institution

1.

to a customer-oriented mission statement aimed at integration into the training and labour market,

2.

the organisation and management of undertakings, including the definition of corporate objectives and the conduct of its own audits of the operation of the undertaking,

3.

on a target-oriented approach to training and training for management and teaching and training professionals,

4.

on target agreements, including the measurement of the achievement of objectives and the management of continuous optimization processes on the basis of key figures and indicators,

5.

to take account of labour market developments in the design and implementation of measures for the promotion of employment,

6.

on the methods of promoting the individual development, integration and learning processes of the participants,

7.

the methods of evaluating the measures implemented and their labour market results,

8.

in the manner of continuous cooperation with third parties and the continuous development of such cooperation, and

9.

on systematic complaint management, including taking into account regular surveys of the participants.

(5) The contractual agreements pursuant to Section 178 (5) of the Third Book of the Social Code are to provide that, after completion of the measure, the participants will be accompanied by a certificate of attendance containing information on the content, time scale and aim of the measure. (6) The examination as to whether the conditions for admission to the department pursuant to Article 5 (1) sentence 3 (6) are available is limited to those laid down in § 178 of the Third Book of the Social Code and in this Regulation. Requirements for carriers. (7) Insofar as the institution does not provide information in individual cases from its previous He/she shall be able to explain in a suitable manner to the expert body how the respective requirement will be fulfilled. Unofficial table of contents

§ 3 Access to measures

(1) A measure can be expected to be successful in accordance with Section 179 (1), first sentence, point 1 of the Third Book of the Social Code, if:

1.

Objectives, duration and content of the measure are in each case designed to meet the requirements of the target group and the objective of the measure, and

2.

It takes into account current developments in the training and labour market.

(2) The Federal Employment Agency publishes annually the average cost rates according to § 179 (1) sentence 2 and § 180 (3) sentence 1, point 3 of the Third Book of Social Code. (3) During the examination according to § 179 (1) sentence 1, point 3 of the In the third book of the Social Code, whether the costs of a measure are appropriate, the competent authority shall take into account, in particular, the measure concept, including its calculation. (4) When examining whether the costs of a measure pursuant to Article 45 (4) Sentence 3, point 1 of the Third Book of the Social Code, the average cost rates according to § The provisions of Article 179 (1), second sentence, of the Third Book of the Social Code shall not exceed the characteristics of the measure and its quality of content. (5) Where a measure is to be approved, for the implementation of that measure (6) The competent authority may allow the building blocks of measures to be taken. The authorisation shall also apply to a measure consisting of approved measures, if the institution ensures that this measure is individually tailored to the needs of the participants and the training and labour market, and that it shall be subject to the following conditions: the requirements of § 45 or § § 81 and 82 of the Third Book of the Social Code are fulfilled. Unofficial table of contents

§ 4 Supplementary requirements for measures of continuing vocational training

(1) Insofar as measures of continuing vocational training are to be permitted in accordance with § § 81 and 82 of the Third Book of the Social Code, which are based on professional qualifications in recognized training occupations or in federal or state-regulated occupations (2) The Federal Employment Agency (Bundesagentur für Arbeit) is to give its assent pursuant to Article 180 (3) of the German Federal Employment Agency (Bundesagentur für Arbeit). Sentence 1 (3) of the Third Book of the Social Code of a special to make the labour market political interest dependent on the measure and the evidence of the necessary above-average technical, organisational or personnel costs for the implementation of the measure. Unofficial table of contents

§ 5 Approval procedure

(1) Within the framework of the sponsoring authorisation, the competent authority shall examine the existence of the requirements of § 2 (1) to (6) in a location-related and related to the respective department. The location-related test shall include the locations of the carrier. The respective departments are:

1.

Activation and occupational integration measures pursuant to Article 45 (1), first sentence, points 1 to 5 of the Third Book of the Social Code,

2.

Exclusively performanced employment agency in employment subject to insurance pursuant to § 45 (4) sentence 3 (2) of the Third Book of the Social Code,

3.

Measures of professional choice and vocational training under the third section of the third chapter of the Third Book of the Social Code,

4.

Continuing vocational training measures in accordance with the fourth section of the third chapter of the Third Book of the Social Code,

5.

Transfer services in accordance with § § 110 and 111 of the Third Book of the Social Code,

6.

Measures for the participation of disabled persons in working life according to the seventh section of the third chapter of the Third Book of the Social Code.

(2) Within the scope of the approval of the measure, the competent authority shall examine the existence of the requirements of § § 3 and 4 of the local authority. (3) The reference selection in accordance with Section 181 (3) of the Third Book of the Social Code shall be based on an independent, representative sample selection of the competent authority. The reference selection can be carried out for the examination of measures whose costs do not exceed the average cost rates according to § 179 (1) sentence 2 or § 180 (3) sentence 1, point 3 of the Third Book of the Social Code. (4) The duration of the The approval of measures is based on the likely developments in the training and labour market. It should be limited to a maximum of three years. It may be limited to a maximum of five years, provided that the development in the training and labour market is likely to have no significant effect on the measure. (5) Changes made by the institution of the competent authority in accordance with § 181 paragraph 5, second sentence, in conjunction with Section 177 (4) of the Third Book of the Social Code, shall include in particular those concerning the locations of the institution, its departments and the implementation of the measure. (6) The certificate referred to in § 181 (6) Sentence 2 (1) of the Third Book of the Social Code for the approval of the institution is a Annex, in which the sites are listed with the relevant departments and which are continuously updated. Sentence 1 shall apply in accordance with the certificates referred to in § 181 (6), second sentence, points 2 and 3 of the Third Book of Social Code. (7) § 181 (7) of the Third Book of the Social Code applies to a measure consisting of approved measures for measures to be taken in the social code accordingly. The time limit to be set by the competent authority in accordance with Section 181 (7) of the Third Book of Social Code shall be chosen in the manner required in order to comply with the legal requirements as soon as possible and not to re-implement it. (8) The examination of the implementation of measures and the monitoring of the success of these measures shall be the sole responsibility of the Agency for Labour in accordance with Section 183 of the Third Book of Social Code. Within the scope of Section 181 (7) of the Third Book of the Social Code, the competent authority shall examine whether the findings communicated to it pursuant to Section 183 (4) of the Third Book of the Social Code shall have an effect on the admission. Unofficial table of contents

§ 6 Cooperation

(1) The accreditation body, the competent bodies and the Federal Employment Agency cooperate with confidence in all matters relating to the admission of institutions and measures. (2) The Federal Employment Agency can provide the competent authorities with the necessary information. Provide implementation notes that take them into account during the review process. In doing so, it has to comply with the recommendations of the Advisory Board pursuant to § 182 of the Third Book of the Social Code. Unofficial table of contents

§ 7 Transitional Regulation

Recommendations of the Recognition Advisory Board in accordance with the Recognition and Admission Ordinance-Continuing Education of 16 June 2004 (BGBl. 1100) in the version valid until March 31, 2012 shall continue until new recommendations become effective unless they are contrary to the legal provisions of the Third Book of the Social Code and this Regulation. Unofficial table of contents

§ 8 Entry into force, external force

This Regulation shall enter into force on the day following the date of delivery. At the same time, the Recognition and Admission Ordinance-Continuing Education of 16 June 2004 (BGBl. 1100), as defined by Article 453 of the Regulation of 31 December 2008. October 2006 (BGBl. 2407), except for force.