Development aid law (EhfG)

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EhfG

Date of completion: 18.06.1969

Full quote:

" Development Helpers Act of 18 June 1969 (BGBl. 549), as last amended by Article 16 (1) of the Law of 19. October 2013 (BGBl. 3836).

Status:

Last amended by Art. 16 para. 1 G v. 19.10.2013 I 3836

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +) 
  
(+ + + measures due to EinigVtr cf.  SonntRPapIndAusnV Annex EV; 
 No more to be used in accordance with the provisions.  Art. 1 No. 12   
 G v. 21.1.2013 I 91 + + +)   

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

I.
General Part

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§ 1 Development Helpers

(1) Development worker in the sense of this law is who

1.

in developing countries without a working-class view, in order to contribute in partnership to the progress of these countries (development service),

2.

has contractually committed itself to the performance of the development service to a recognised development service institution for an uninterrupted period of at least two years,

3.

for the Development Service, only benefits provided for by this Act;

4.

the 18. It has completed a life year and is a German within the meaning of Article 116 of the Basic Law or of a national of another Member State of the European Communities.

(2) As a development worker within the meaning of this Act, the person who is prepared by a recognized institution of the Development Service to provide development service (preparatory service) shall receive only benefits for the preparatory service, which shall be: this law provides that, in addition to the preparatory service, it does not carry out any activity against payment and fulfils the conditions set out in paragraph 1 (2) and (4). Unofficial table of contents

Section 2 Support for development service

(1) Legal persons under private law may be recognised as carriers of the development service, which shall:

1.

prepare, send and supervise development workers exclusively or primarily,

2.

provide assurance that they will carry out their task in the long term and fulfil their obligations under this law,

3.

undertake to send development aid workers only to those projects which are consistent with the promotion measures of the Federal Republic of Germany for developing countries,

4.

serve exclusively and directly for tax-privileged purposes within the meaning of Sections 51 to 68 of the German Tax Code,

5.

have their registered office within the scope of the Basic Law.

Sentence 1 (1) shall not apply to legal persons governed by private law in which only the Federal Republic of Germany is involved and whose purpose is the support of the Federal Government in achieving its development policy objectives. (2) The Federal Minister for Economic Cooperation (Federal Minister for Economic Cooperation) decides on the recognition of a support for development services. It may impose conditions on recognition, in particular on the general conditions of the contracts to be concluded with development workers, on the principles of the posting of workers required in the interests of the health of the development aid worker, on insurance cover, on the level of maintenance payments, reintegration allowances and reimbursement of travel expenses, and on the type and duration of training (§ 22) and the preparatory service. The conditions may be granted subject to subsequent changes. (3) The Federal Minister for Economic Cooperation has to revoke the recognition if one of the conditions referred to in paragraph 1 is no longer available, unless: the requirement of paragraph 1 (1) is no longer necessary because the majority of the posted workers are not a development worker pursuant to § 1 para. 1 solely because of a lack of German nationality; the recognition may also be recognised for other important reasons shall be revoked, in particular if an edition has not been fulfilled. The revocation or withdrawal of recognition shall not affect the rights of the development worker under this Act. Unofficial table of contents

§ 3 Financing provided by the Federal Government

The Federal Government may grant financing in the form of grants or contracts in the form of grants or orders in accordance with the provisions of the Federal budget for the expenses for services which are the responsibility of the recognised institution of the Development Service (institution) under this Act. Funds and the directives applicable to their award. Unofficial table of contents

§ 4 Development Service Contract

(1) The institution shall conclude a written contract with the development worker on the development service and the preparatory service, which shall provide for the following services of the institution:

1.

Maintenance allowance and benefits in kind to ensure the protection of living requirements (maintenance benefits);

2.

an appropriate reintegration allowance to be paid after the end of the development service, even if the development service is terminated prematurely, but only if the development worker is responsible for the six-month development aid. Early termination is not to be represented. The reintegration allowance shall not be deemed to be an income within the meaning of laws, regulations and administrative provisions for the promotion of training, vocational training and retraining,

3.

reimbursement of the necessary travel expenses,

4.

the assumption of obligations which are the responsibility of the employer in accordance with the Federal Law on the Law of the Federal Republic of Germany and the Maternity Protection Act.

(2) The contract for the Development Service and the Preparatory Service may provide further services for the social protection of the development worker, his spouse and dependent children within the framework of the Federal Minister for (3) The provisions of this Act, which relate to the existence or prior existence of a marriage, shall apply in accordance with the existence or prior existence of a marriage of a life partnership. The rules relating to the spouse shall apply mutatily to the life partner. Unofficial table of contents

§ 5 Services by other bodies

(1) If, on the initiative of the institution in developing countries, aid workers are involved in projects which are carried out by bodies other than the institution, the institution shall ensure that the other body is responsible to the development aid worker; (2) The benefits referred to in § 4 (1) Nos. 1 to 3, § § 6, 7 (1), § 8 and 11 and admitted pursuant to section 4 (2) may also be carried out by a post in the developing country or in the office of the The purpose of paragraph 1 is to be provided for the purpose of the project. (3) In the case of other bodies ' services, Paragraph 1 or paragraph 2 shall also be held by the institution to the development worker for proper performance.

Footnote

§ 5 (1) italic print: See now § 4 (1) no. 4

II.
Special Part

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§ 6 Liability insurance

(1) The institution is obliged to provide adequate liability insurance for the development worker and his dependent spouse, as well as his dependent children, who are not only temporarily living with him, to cover the (2) The insurance must provide for benefits in respect of personal, property and property damage. The agreement of a deductible shall be inadmissible. (3) It must be provided in the insurance contract that the injured party is entitled to a direct claim against the insurer. (4) Will the aid worker be granted the right of development because of the damage he/she has suffered abroad in the , the institution shall provide adequate protection and assistance until such time as the insurance has entered into the service or private sector. Unofficial table of contents

§ 7 Health insurance

(1) For the period of development service, the institution shall conclude and maintain a group insurance contract to the aid worker and its dependent spouse and dependent children, as long as the latter are entitled to reside outside the scope of this Act, in the event of illness, deprivation and accident, insofar as benefits are not provided under social insurance legislation or in accordance with § 10 of this Act, Insurance cover with at least the following benefits:

1.

Reimbursement of sickness costs and costs of fees up to 5,000 DM per insurance case (illness, deprivation, accident),

2.

Reimbursement of repatriation and transfer costs.

In the group insurance contract, it must also be determined that the insured person has the right to take out the insurance within one month after leaving the group insurance contract or after the end of the group insurance contract as to continue individual insurance in accordance with the applicable disease cost rates. Diseases which the development worker or a member of the family within the meaning of the sentence 1 has received during the period of his insurance under the group insurance contract shall be covered by the insurance cover without risk surcharge (2) For the time of the preparatory service, if the aid worker is insured in the statutory health insurance scheme, the institution shall be responsible for the full amount of the contributions; shall be the aid worker or a Member of the family within the meaning of the first sentence of paragraph 1, already in a private In the case of sickness expenses insurance, the institution shall pay the contributions or premiums in the amount of the expenses, but at most the amount paid for an employee liable to be insured with a work service equal to the amount of the expenses incurred for the the statutory health insurance scheme, which should be based on the contribution rate of the general local health insurance scheme responsible for the seat of the institution. If, for the purposes of the first sentence of paragraph 1, the aid worker and the members of his family are not insured for that period in the statutory health insurance or otherwise in a private sickness insurance scheme, the institution shall, in accordance with (3) shall be borne by the development worker or a family member within the meaning of the first sentence of paragraph 1 by the entry of an insurance case (paragraph 1 (1) or (2)) which is necessary neither in accordance with paragraph 1 or by benefits; are covered by social insurance legislation, the the Federal Government, in so far as the total cost does not exceed the usual costs. To this extent, the Federation may also assume costs which are grown after the end of the development service, provided that this is offered for the purpose of wasting an unreasonable hardship. Unofficial table of contents

§ 8 Continuation of maintenance benefits

(1) Where the aid worker is prevented from providing the service and he has not deliberately brought about the prevention, the institution shall have the contractual maintenance benefits for the duration of the prevention, but at the latest until the end of the period of the service. (2) In the event of the pregnancy of a development worker, the institution shall have the contractual maintenance benefits for the benefit of the aid of the development worker. Duration of protection periods pursuant to § 3 (2) and § 6 (1) of the Maternity Protection Act , even if the service is terminated during the time of the protection period. Unofficial table of contents

§ 9 Tagegeld in the case of incapacity for work

(1) If the development worker is unable to work, the Federal Government shall, following the benefits provided for in Article 8 (1), grant him a daily allowance in the amount of the transitional allowance from the statutory accident insurance scheme,

1.

if the incapacity for work is not the result of an accident at work or a health disorder within the meaning of § 10 (1),

2.

if the development worker has not intentionally brought about incapacity for work, and

3.

insofar as there is no entitlement to sickness benefit from statutory health insurance.

If the employment relationship of the development worker is dissolved during the incapacity for work, the claim for daily allowance shall remain unaffected. (2) Tagegeld shall be for seventy-eight weeks due to the same illness or the same accident. , of the date of commencement of the incapacity for work. (3) The entitlement to the daily allowance shall end with the date of the day of the

a)

Pension due to full employment loss, invalidity or old-age pension from the statutory pension insurance or

b)

a corresponding benefit from a law in accordance with Article 2 (1) of the Law on the New Law of the Federal Government in the version of the Finance Amendment Act 1967 of 21 December 1967 (BGBl. 1259) of life insurance exempted from the obligation of insurance, in which the employer took part in contributions to contributions, or

c)

a corresponding benefit is granted from an insurance or supply facility within the meaning of the insurance-exemption provision in the statutory pension insurance scheme.

If, over and above this period, a daily allowance has been paid, the entitlement to the benefits referred to in points (a) to (c) shall be transferred to the Federal Government up to the amount of the daily allowance paid for the same period. If the daily allowance exceeds the above-mentioned benefits, the excess amount cannot be reclaimed. (4) If the claimant is entitled to a pension due to partial incapacity or incapacity to work, the person entitled to the allowance during the day-to-day pension benefits from the statutory pension insurance, the daily allowance shall be reduced by the amount of the pension granted for the same period. In so far as the pension is granted retroactively from the statutory pension insurance, the pension entitlement shall be applied to the federal government. The same applies to the benefits referred to in points (b) and (c) of paragraph 3 if they are granted on the grounds of partial invalidity or invalidity. (5) The right to a daily allowance shall be waited as long as transitional allowance is provided by a institution of the pension insurance scheme is granted. The provisions of the second and third sentences of paragraph 3 shall apply. (6) If the claimant is entitled to remuneration or pensions during the day-to-day allowance, according to official legal regulations or principles or corresponding church law regulations or a If a pension is approved by a public service supplementary pension scheme or as a worker in the civil service or in the church service, paragraph 3 shall apply accordingly if the remuneration is not less than that of the otherwise the provisions of paragraph 4 shall apply accordingly. Unofficial table of contents

§ 10 Benefits in the event of health disorders or death due to typical risks of the developing country

(1) Where a health disorder or the death of the aid worker is due to conditions which are peculiate to the developing country and which constitute a particular danger for the development worker outside the development service, and if the health disorder or death is not based on an accident at work or an occupational disease, the Federal Government shall grant the person entitled to the benefits which he/she shall receive in the event of an accident at work or an occupational disease. Accident insurance. A claim to benefits shall not exist if the development worker has deliberately brought about the health disorder or death. (2) If the development worker is impaired by a health disorder as defined in paragraph 1, or (Sixth Book of Social Code) or if he dies at its consequences and if the waiting period in the pension insurance is not fulfilled, the person entitled to the Federal Government shall receive benefits in the amount which he/she has received from the Federal Republic of Germany in the event of the withdrawal of the waiting period from the Statutory pension insurance. This shall not apply if the person entitled to the public service receives the provision of a public service according to the legal provisions or principles or the relevant provisions of the church law or a pension from an additional public service provider. or the institution has received a contribution grant to a public or private insurance undertaking which has been exempted from the insurance obligation in the employment insurance scheme. (3) A performance referred to in paragraph 1, together with a performance referred to in paragraph 2, shall be accompanied by the provisions of the Sixth Book of the Social Code on the overlapping of pensions and benefits from the Accident insurance corresponding application. Unofficial table of contents

§ 11 Benefits for the fall of the labour force, incapacity to work, incapacity for work or death

The institution is obliged to submit the application for compulsory insurance in the statutory pension insurance at the beginning of the service period for all development workers who meet the conditions mentioned there and not on the basis of the § 18 para. 3 of the Income Limits-Increase Act of August 13, 1952 (Federal Law Gazette). 437), or in Article 2 (1) of the Law on the New Law of the Insurance Act, in the versions in force in each case, which are exempt from the obligation to insurance in the employee's insurance. Aid workers for which the application for insurance in accordance with the first sentence is not to be submitted and which is voluntary in the statutory pension insurance scheme or in a public or private insurance scheme exempting insurance from the insurance obligation Insurance undertakings, the institution shall, at the most, have contributions to such insurance, in the amount of the contributions which it would have to pay in the case of compulsory insurance, up to the maximum of the amount actually paid. contributions, to be granted. The obligation of the institution under the terms of sentences 1 and 2 shall not apply where development workers are eligible for life-long care and survivor ' s care in accordance with the rules or principles or the relevant principles or principles of civil service law the church regulations are guaranteed. Unofficial table of contents

Section 12 Vocational reintegration

Those seeking a new job after the end of the development service shall be provided with the specific experience and knowledge acquired during the development service and the preparatory service, and are being promoted. Unofficial table of contents

Section 13 Unemployment compensation in the event of unemployment

(1) For a claim to benefits under the Third Book of the Social Code, periods of development service, including the preparatory service, shall be equal to the periods of an insurance obligation under the right of employment promotion. (2) In determining the amount of the remuneration to be taken into account for the purpose of determining the performance of the service, the remuneration in accordance with § 152 of the Third Book of Social Code shall be used for the period of service to be taken into consideration in accordance with paragraph 1. (3) Additional expenses provided by the Federal Employment Agency for the purpose of the regulation of paragraph 1 The Federal Government will be reimbursed. Administrative costs will not be reimbursed. Unofficial table of contents

§ 14

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§ 15 Tagegeld in the case of unemployment

(1) If the unemployed person is unable to work within four weeks of the end of the development service, a subsequent employment subject to sickness insurance or the payment of unemployment benefit, the unemployed person shall not be entitled to sickness benefit from the (2) If the unemployed person is subject to insurance pursuant to § 7 (1), (2) or the Federal Government in accordance with § 7 (3) (3) of the German Federal Republic of Germany (2), the unemployed person shall be entitled to a daily allowance. Hospital, a genesis, recreation or health care home, so are twenty-five of the A hundred of the daily allowance to pay. The amount is increased to sixty-sixty-two-thirds of the hundred for the first of the family members, who until now have been mainly held by him, and by a further ten from the hundred-to the full extent of the daily allowance-for each of the other such relatives. The daily allowance, calculated in accordance with the second sentence, may be paid directly to the relatives, insofar as it exceeds twenty-five from the hundred of the unshortened daily allowance. (3) The entitlement to the daily allowance shall be excluded if, since the end of the Development service three years have passed. In addition, § 9 applies accordingly. Unofficial table of contents

Section 16 Determination of benefits, administrative responsibility

(1) The services to be provided by the Federal Government pursuant to § 7 (3), § § 9, 10 of this Act shall be determined on request. (2) The performance of the tasks pursuant to § 7 (3), § 9, 10, 15 of this Act is the responsibility of the Federal and Railways Accident Insurance. (3) (dropped) Unofficial table of contents

Section 17 Staff regulations

(1) A development worker or former development worker who has received a development service relationship of no more than three years and whose duty to provide basic service or civil service shall be entitled by the amount of the aid provided to: development service shall be terminated until six months after the end of the development service relationship with recruitment as a civil servant, and if he is recruited in the preparatory service, after the acquisition of the qualification for the career, the do not move beyond the date on which the official shall not The provision of a development service for the duration of the basic service would have been used for the preparation of the service. This does not affect the rehearsals of the prescribed trial period. The rates 1 and 2 shall apply in the case of carriage, provided that the services justify a promotion during the probative period. (2) Start a former development worker who has a development service of no more than three years. , and whose duty to provide basic military service or civil service is to be obtained by the development service provided, following the development service, a training prescribed for the future occupation as an official or a judge (higher education, technical or practical training) or shall be provided by: the development service shall be suspended, paragraph 1 shall apply accordingly if he or she acquires himself as a civil servant or judge by the end of six months after the completion of the training and is recruited on the basis of that application. Periods of service which are necessary for a promotion shall commend for the judge set up under the conditions set out in the first sentence, with the date on which he or she shall, without the provision of a development service, continue until the duration of the basic service. (3) The provisions of paragraphs 1 and 2 shall apply to a former development worker whose training for a later civil servant relationship shall be due to a fixed perennial activity in the employment relationship It shall be carried out by the preparatory service which is otherwise prescribed. Unofficial table of contents

§ 18 Certificate

At the end of the development service, the development worker may require the institution to bear a written record of the nature and duration of the development service and the preparation. The certificate shall be extended at the request of the services and the guidance during the service period. Unofficial table of contents

§ 19 Legal Way

(1) In the case of civil disputes between the institution and the development workers, the courts are responsible for work matters. (2) For public-law disputes in the cases of § 7 para. 3, § § 9, 10, 15 of this law, the Right away to the courts of social justice.

III.
Amendment of laws

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§ § 20 to 22 ----

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IV.
Transitional and final provisions

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Section 23 Previous legal relationships

If, prior to recognition of the service of a development service institution, a person has suffered damage which would constitute a claim for benefits under Section 7 (3), (8), (9), (10) or (15) of this Act, such benefits shall be subject to the effect of the Day of recognition of the institution of the development service. The damage within the meaning of § 10 shall also apply to unemployment and the consequences of an accident or illness which someone before the recognition of a carrier of the development service in the case of an activity corresponding to that of a development aid worker shall be deemed to be: if the accident or the illness is not an accident at work or an occupational disease. Account shall be taken of the benefits which the beneficiary has received, or receives, from the institution of the development service or of private insurance contracts awarded by the institution of the development service or of a body in the developing country, on account of the damage have been concluded for him before the institution has been recognised in accordance with Article 2 of this Law. Unofficial table of contents

§ 23a Transitional provision on § 13

(1) If the entitlement to unemployment benefit arose before 1 January 1985, Article 13 (2) (2) shall apply in the version in force until 31 December 1984. (2) Is in the period of 29 December 1984, the date of the first subparagraph of Article 13 (2). until 31 December 1984 a right to unemployment benefit with a period of entitlement of 312 days has not been exhausted, this period of entitlement shall be increased to 468 days if the unemployed person is entitled to a claim 49. Year of life was completed. Unofficial table of contents

Section 23b Transitional provision on § 13

(1) periods of development service, including the preparatory service, which are prior to the creation of a right to unemployment benefit, shall not be granted for entitlement to unemployment benefit under the Third Book of Social Code (2) § § 13, 14, 15 (1), § 16 (3) and § § 19 and 23 in the version in force until 30 June 1987 shall apply further to claims for unemployment benefit which were incurred before 1 July 1987. Unofficial table of contents

Section 23c Transitional provision on § 10

If, on 31 December 1991, there was a right to benefits pursuant to § 10 (1) and (2), Section 312 of the Sixth Book of Social Code shall be applied accordingly even if the health disorder or death has occurred after 31 December 1978. Unofficial table of contents

§ 24 Validate in Berlin

This law applies, with the exception of § 22, in accordance with § 12 and § 13 (1) of the Third Convention Act of 4 January 1952 (Bundesgesetzbl. I p. 1) also in the Land of Berlin. Unofficial table of contents

Section 25 Entry into force

This Act shall enter into force on the day following the date of delivery.