Social Security Code (SGB) Third Book (III)-Employment Promotion-(Article 1 of the Law of 24 March 1997, BGBl. I p. 594)

Unofficial table of contents

SGB 3

Date of completion: 24.03.1997

Full quote:

" The Third Book of Social Law-Employment Promotion-(Article 1 of the Law of 24 March 1997, BGBl. 594, 595), which is provided by Article 9 of the Law of 24 April 2015 (BGBl. 642).

Status:	Last amended by Art. 7 G v. 10.12.2014 I 2082
Note:	Amendment by Art. 3 G v. 23.12.2014 I 2462 (No 64) has been documented in a textual, documentary form not yet concludedly
	Amendment by Art. 3 G v. 23.12.2014 I 2475 (No 64) has been documented in a textual, documentary form not yet concludedly
	Amendment by Art. 1b and Art. 14 (1) G v. 15.4.2015 I 583 (No. 15) not yet taken into account
	Amendment by Art. 3 G v. 16.7.2015 I 1211 (No 30) not yet taken into account
	Amendment by Art. 9 G v. 24.4.2015 I 642 is considered

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.1998 + + +) 
(+ + + For application cf.  § 434, § 434a and § 434b + + +) 

  

The G was issued by the Bundestag. It's gem. Art. 83 (1) iVm (5) G v. 24.3.1997 I 594 (AFRG) on 1 January 1998, respectively. 1 January 1999 entered into force. Unofficial table of contents

Content Summary

First chapter
General provisions
First section
Principles
§ 1	Objectives of the promotion of employment
§ 2	Interaction with the agencies for work
§ 3	Benefits of employment promotion
§ 4	Priority of mediation
§ 5	Priority of active employment promotion
§ 6	(dropped)
§ 7	Selection of services of active employment promotion
§ 8	Reconciliation of family and work
§ 8a	(dropped)
§ 8b	(dropped)
§ 9	Local service provision
§ 9a	Cooperation with the joint bodies responsible for the performance of the tasks of the basic insurance for jobseekers and authorised communal institutions
§ 10	(dropped)
§ 11	Inclusion balance sheet and inclusion report
Second section
Authorized
§ 12	Application of the definitions
§ 13	Home workers and home workers
§ 14	Apprentices
§ 15	Training and jobseekers
§ 16	Unemployed
§ 17	Looming unemployment
§ 18	Longterm unemployed
§ 19	Disabled people
§ 20	Return to work
Section 21	Carrier
Third Section
Ratio of the benefits of active employment promotion to other services
Section 22	Relationship to other benefits
Section 23	Obligation to provide advance payment of work
Second chapter
Insurance obligation
First section
Employees, Other insurers subject to insurance
§ 24	Insurance duty ratio
Section 25	Employees
Section 26	Other insurers liable to insurance
§ 27	Insurance-free employees
§ 28	Other insurance-free persons
Second section
Insurance obligation ratio on request
Section 28a	Insurance obligation ratio on request
Third chapter
Active employment promotion
First section
Advice and mediation
First subsection
Advice
§ 29	Advisory services
§ 30	Vocational guidance
Section 31	Principles of vocational guidance
Section 32	Suitability determination
§ 33	Professional orientation
Section 34	Labour market counselling
Second subsection
Mediation
§ 35	Mediation offer
§ 36	Principles of conciliation
Section 37	Potential analysis and integration agreement
§ 38	Rights and obligations of training and job seekers
§ 39	Rights and obligations of employers
Third Subsection
Common rules
§ 40	General information
Section 41	Restriction of the fair
§ 42	Principle of gratuitousness
Section 43	Order authorisation
Second section
Activation
and occupational integration
Section 44	Funding from the mediation budget
§ 45	Action on activation and occupational integration
Section 46	Trial employment and assistance for disabled people
§ 47	Authorisation
Third Section
Career choice and vocational training
First subsection
Transition from the
School in vocational training
§ 48	Occupation-oriented measures
§ 49	Career entry accompaniment
§ 50	Order authorisation
Second subsection
Vocational preparation
Section 51	Vocational training measures
Section 52	Young people in need of support
Section 53	Preparation for a secondary school leaving certificate in the context of a vocational preparation training measure
§ 54	Cost-of-measure
Section 54a	Entry qualification
§ 55	Order authorisation
Third Subsection
Vocational training allowance
§ 56	Vocational training allowance
Section 57	Vocational training eligible for support
Section 58	Promotion abroad
§ 59	Eligible persons
§ 60	Other personal requirements
Section 61	Requirements for the livelihood of vocational training
Section 62	Requirements for the livelihood of pre-vocational training measures
§ 63	Travel expenses
Section 64	Other expenses
Section 65	Special features when you visit the vocational education and training course in Blockform
Section 66	Adjustment of demand rates
Section 67	Income statement
Section 68	Advance of vocational training allowance
Section 69	Duration of funding
Section 70	Vocational training allowance for the unemployed
Section 71	Payout
Section 72	Order authorisation
Fourth subsection
Vocational training
Section 73	Subsidies for the training allowance for disabled and severely disabled people
Section 74	Support and promotion of vocational training
§ 75	Support for training
Section 76	Non-occupational vocational training
Section 77	Other eligibility requirements
Section 78	Young people in need of support
§ 79	Benefits
§ 80	Order authorisation
Fifth Subsection
Youth hostels
§ 80a	Promotion of youth hostels
§ 80b	Order authorisation
Fourth Section
Continuing vocational training
§ 81	Principle
Section 82	Promotion of special workers
Section 83	Training costs
Section 84	Teaching Cost
§ 85	Travel expenses
§ 86	Costs for external accommodation and catering
Section 87	Child Care Costs
Fifth Section
Taking up employment
First subsection
Employment subject to social security contributions
Section 88	Inclusion grant
§ 89	Amount and duration of funding
§ 90	Inclusion grant for disabled and severely disabled people
Section 91	Remuneration to be taken into consideration and payment of the grant
§ 92	Funding exclusion and repayment
Second subsection
Self-employment
Section 93	Foundation grant
Section 94	Duration and amount of funding
Sixth Section
Whereabouts in employment
First subsection
Short-time allowance
First Title
Rule requirements
§ 95	Claim
§ 96	Significant job loss
Section 97	Operational requirements
Section 98	Personal requirements
§ 99	Display of work failure
§ 100	Short-time workers ' money in labour disputes
Second Title
Special forms
of the short-working allowance
§ 101	Season-Short Work Money
Section 102	Supplementary benefits
Section 103	Short-time work allowance for home workers
Third Title
Scope
Section 104	Duration
Section 105	Height
Section 106	Net Difference Difference
Fourth Title
Application of other provisions
Section 107	Application of other provisions
Fifth Title
Available
on the short-time allowance
Section 108	Available via the short-time allowance
Sixth Title
Authorisation
§ 109	Authorisation
Second subsection
Transfer benefits
§ 110	Transfer actions
Section 111	Transfer short-time allowance
Seventh Section
Participation of disabled persons People working in the workplace
First subsection
Principles
Section 112	Participation in working life
Section 113	Benefits for participation
Section 114	Performance Frame
Second subsection
General benefits
§ 115	Benefits
Section 116	Special features
Third Subsection
Special services
First Title
General
Section 117	Principle
Section 118	Benefits
Second Title
Transitional allowance and training allowance
§ 119	Transitional allowance
§ 120	Pre-employment time for the transitional allowance
Section 121	Transitional allowance without a pre-employment period
§ 122	Training allowance
§ 123	Need for vocational training
Section 124	Requirements for vocational training measures, support for employment and basic training
§ 125	Requirements for measures in recognised workshops for disabled people
§ 126	Income statement
Third Title
Cost of participation
§ 127	Cost of participation
§ 128	Special cases of accommodation and catering
Fourth Title
Order authorisation
Section 129	Order authorisation
Eighth section
Fixed-term benefits
§ 130	(dropped)
Section 131	(dropped)
Section 131a	Promotion of continuing education in small and medium-sized enterprises
Section 131b	Continuing education support in the care of the elderly
Section 132	(dropped)
§ 133	Season-short-time allowance and supplementary services in the scaffold-building trade
Section 134	Success-dependent flat rate for transfer measures
§ 135	Testing innovative approaches
Fourth chapter
Unemployment benefit and insolvency allowance
First section
Unemployment benefit
First subsection
Rule requirements
Section 136	Entitlement to unemployment benefit
Section 137	Eligibility requirements for unemployment
§ 138	Unemployment
Section 139	Special cases of availability
§ 140	Reasonable jobs
Section 141	Personal Work Release
Section 142	Wait time
Section 143	Framework deadline
Section 144	Requirements for continuing vocational training
Second subsection
Special forms of unemployment benefit
§ 145	Reduction of performance
Section 146	Performance payment in case of incapacity for work
Third Subsection
Duration
Section 147	Principle
§ 148	Reduction of eligibility
Fourth subsection
Level of unemployment benefit
§ 149	Principle
Section 150	Measurement period and design framework
Section 151	Survey fee
Section 152	Fictitious dimensioning
Section 153	Performance charge
Section 154	Calculation and performance
Fifth Subsection
Reduction of unemployment benefits, Meeting of the claim with other income and revocation of entitlement
§ 155	Consideration of secondary income
Section 156	Rest of entitlement to other social benefits
Section 157	Rest of entitlement in the case of pay and holiday revocation
Section 158	Rest of entitlement in case of dismissal compensation
Section 159	Rest at lock-time
§ 160	Rest in labour disputes
Sixth subsection
Erasing claim
Section 161	Erasing claim
Seventh-Subsection
Partial unemployment benefit
Section 162	Partial unemployment benefit
Eighth Subsection
Authorisation and authorisation
Section 163	Authorisation
Section 164	Order authorisation
Second section
Insolvency allowance
Section 165	Claim
Section 166	Disclaimer
Section 167	Height
§ 168	Advance
§ 169	Claim Transition
§ 170	Availability of pay
Section 171	The insolvency allowance
Section 172	Data exchange and data transmission
Third Section
Supplemental Social security schemes
Section 173	Transfer and reimbursement of contributions in the event of exemption from compulsory insurance in the pension insurance scheme
§ 174	Acquisition of contributions in the event of exemption from insurance obligations in health and nursing care insurance
§ 175	Payment of compulsory contributions for insolvency event
Fifth chapter
Approval of institutions and measures
Section 176	Principle
Section 177	Competent authority
Section 178	Carrier authorisation
§ 179	Measure approval
§ 180	Additional requirements for vocational training measures
§ 181	Authorisation procedure
§ 182	Advisory Council
Section 183	Quality Check
Section 184	Authorisation
§ § 185 to 239	(dropped)
Sixth chapter
(dropped)
§ § 240 to 279a	(dropped)
Seventh chapter
Other tasks of the Federal Agency
First section
Statistics, labour market and occupational research, reporting
§ 280	Tasks
§ 281	Labour market statistics
Section 282	Labour market and occupational research
§ 282a	Transmission of data
Section 282b	Use of data for the training placement by the Federal Agency
§ 283	Labour market reporting, right of instruction
Second section
Issue of authorisations and permits
First subsection
Employment of Foreign nationals and foreigners
§ 284	Work permit-EU for nationals of the new EU Member States
§ § 285 and 286	(dropped)
§ 287	Fees for the implementation of the agreements on contract workers and contract workers
§ 288	Authorisation of a regulation and the right of instruction
Second subsection
Advice and mediation by third parties
First Title
Vocational guidance
Section 288a	Support for vocational guidance
§ 289	Disclosure requirement
§ 290	Remuneration
Second Title
Training and placement services
§ 291	(dropped)
§ 292	Foreign exchange, recruitment from abroad
§ § 293 to 295	(dropped)
§ 296	Mediation contract between intermediaries and jobseekers
§ 296a	Remuneration in the case of training placement
§ 297	Ineffectiveness of agreements
§ 298	Handling data
§ § 299 and 300	(dropped)
Third Title
Authorisation
Section 301	Authorisation
§ § 302 and 303	(dropped)
Third Section
§ § 304-308	(dropped)
Eighth chapter
Obligations
First section
Obligations in the performance process
First subsection
Reporting requirements
§ 309	General reporting requirements
§ 310	Obligation to notify in case of change of competence
Second subsection
Notification and certification requirements
§ 311	Notification and certification of work incapacity
§ 312	Work certificate
§ 312a	Work certificate for the purposes of national and international law
§ 313	Secondary income certificate
§ 313a	Electronic certificate
§ 314	Insolvency certificate
Third Subsection
Information, co-action and duty to pay
Section 315	General information requirements of third parties
§ 316	Obligation to provide information on the performance of insolvency allowance
Section 317	Obligation to provide information on short-time workers ' money and winter money
Section 318	Obligation to provide information on vocational education and training measures, benefits for participation in working life, activation and occupational integration
Section 319	Duties of co-action and duty
Fourth subsection
Other obligations
§ 320	Accounting, payout, recording and notification requirements
Second section
Compensation for damages in case of breaches of duty
§ 321	Compensation
Third Section
Authorisation and authorisation of a regulation
Section 321a	Authorisation
Section 322	Order authorisation
Ninth chapter
Common rules on benefits
First section
Application and deadlines
Section 323	Application Request
Section 324	Application before performance
§ 325	Effect of the application
Section 326	Final deadline for overall accounting
Second section
Responsibility
§ 327	Principle
Third Section
Performance in special cases
§ 328	Provisional Decision
§ 329	Income calculation in special cases
Section 330	Special arrangements for the lifting of administrative acts
Section 331	Provisional payment
Section 332	Transition from entitlements
§ 333	Offset
§ 334	Maintenance of benefits
§ 335	Reimbursement of contributions for sickness, pension and nursing care insurance
§ 336	Performance Binding
§ 336a	Effect of contradiction and action
Fourth Section
Payment of cash benefits
§ 337	Payout in the normal case
Fifth Section
Calculation principles
Section 338	General calculation principles
§ 339	Calculation of times
Tenth chapter
Financing
First section
Financing principle
Section 340	Application of appropriations
Second section
Contributions and procedures
First subsection
Contributions
Section 341	Contribution rate and contribution assessment
Section 342	Contributor to contributor revenue
§ 343	(dropped)
§ 344	Special arrangements for revenue-related revenue
Section 345	Contributor to other insurance providers
Section 345a	Lump-sum contributions
Section 345b	Contributor income in respect of an insurance obligation relationship on request
Second subsection
Procedure
§ 346	Contribution to the contribution of employees
§ 347	Contributions to other insured persons
§ 348	Contribution payment for employees
§ 349	Contribution payment for other insurers
Section 349a	Contribution rate and contribution payment in case of an insurance obligation ratio on request
§ 350	Reports of social security institutions
Section 351	Payment of contributions
Third Subsection
Authorisation of regulations, authorisation and authorisation to enact administrative provisions
Section 352	Authorisation
§ 352a	Order authorisation
§ 353	Authorisation to adopt administrative provisions
Third Section
Relocations
First subsection
Winter employment situation
Section 354	Principle
§ 355	Height of the transfer
§ 356	Transfer abduction
§ 357	Authorisation
Second subsection
Conversion for the insolvency allowance
§ 358	Application of appropriations
§ 359	Reintroduction and transfer of the transfer
§ 360	Umlagesatz
§ 361	Authorisation
§ 362	(dropped)
Fourth Section
Participation of the Federal Government
§ 363	Funding from federal funds
§ 364	Liquidity assistance
§ 365	Loan deferment
Fifth Section
Reserve and Supply Funds
§ 366	Formation and installation of the reserve
Section 366a	Pension funds
Eleventh chapter
Organisation and data protection
First section
Federal Employment Agency
§ 367	Federal Employment Agency
§ 368	Tasks of the Federal Agency
Section 368a	(dropped)
§ 369	Special features of the court
§ 370	Participation in companies
Second section
Self-management
First subsection
Constitution
§ 371	Self-governing bodies
§ 372	Statutes and orders
Section 373	Management Board
§ 374	Management committees
Section 374a	(dropped)
Section 375	Term of office
§ 376	Compensation for voluntary workers
Second subsection
Appointment and dismise
Section 377	Appointment and dismissiation of Members
§ 378	Employability
§ 379	Bodies entitled to proposals
Third Subsection
Neutrality Committee
§ 380	Neutrality Committee
Third Section
Management and Management
Section 381	Executive Board of the Federal Agency
Section 382	Legal status of the Management Board members
Section 383	Management of the agencies for work
Section 384	Management of regional directorates
Section 385	Representatives for equal opportunities in the labour market
§ 386	Internal revision
Section 387	Staff of the Federal Agency
Section 388	Appointment of officials
Section 389	Employment relationships of top managers
§ 390	Non-tariff working conditions and allowances
§ 391	(dropped)
§ 392	Upper limits for transport offices
Fourth Section
Supervision
§ 393	Supervision
Fifth Section
Data protection
§ 394	Collection, processing and use of data by the Federal Agency
§ 395	Data transfer to third parties; collection, processing and use of social data by non-public bodies
§ 396	Prohibition of characterisation and measures
Section 397	Automated Reconciliation
§ § 398 to 403	(dropped)
Twelfth chapter
Fines
First section
Fines
§ 404	Fines
§ 405	Jurisdiction, enforcement and information
Second section
§ 406	(dropped)
Section 407	(dropped)
Thirteenth chapter
Special arrangements
First section
Special arrangements in connection with the production of the unity of Germany
§ 408	Special reference size and contribution rate limit
§ § 409 to 416a	(dropped)
Second section
Additions to transitional possible Benefits and temporary tasks
§ 417	Compensation for older workers and employees
§ 418	Transfer of contributions to the employment promotion of older workers
§ 419	Special scheme for short-time allowance and unemployment benefit
§ 420	Freedom of insurance for civil work and quarterwork
§ § 421 to 421u	(dropped)
Third Section
Principles of legal change
Section 422	Benefits of active employment promotion
§ § 423 and 424	(dropped)
Fourth Section
Special arrangements in connection with the classification of the right to work in the Social Code
Section 425	Transition from contribution-to insurance obligation
§ 426	(dropped)
§ 427	(dropped)
§ 427a	Equality of maternity leave
§ 428	Unemployment benefit under facilitated conditions
§ 429	(dropped)
§ 430	Other charges for remuneration
§ 431	(dropped)
Section 432	(dropped)
§ 433	(dropped)
Fifth Section
Transitional arrangements on the basis of amending laws
Section 434	Law on the reform of pensions due to reduced earning capacity
§ 435	Law on the simplification of the election of employee representatives to the Supervisory Board
§ 436	Second law on modern services on the labour market
§ 437	Third Law on modern services on the labour market
§ 438	Law to promote full-year employment
§ 439	Seventh law amending the Third Book of the Social Code and other laws
§ 440	Law on the reorientation of labour market policy instruments
Section 441	Civil relieving health insurance
§ 442	Employment law
§ 443	Law to improve the integration opportunities in the labour market
§ 444	Law on amendments in the field of minor employment
§ 445	Twenty-fifth law amending the Federal Education and Training Promotion Act

First chapter
General provisions

First section
Principles

Unofficial table of contents

§ 1 Objectives of the employment promotion

(1) The promotion of labour is intended to counteract the emergence of unemployment, to shorten the duration of unemployment and to support the balancing of supply and demand in the training and labour market. In particular, it is necessary to avoid long-term unemployment by improving the individual employability. Equality between women and men must be seen as a continuous principle of employment promotion. The aim of the work promotion programme is to ensure that a high level of employment is achieved and that the structure of employment is constantly improved. It is to be aligned in such a way that it corresponds to the employment policy objective of the social, economic and financial policies of the Federal Government. (2) The benefits of the promotion of employment are to be particularly important.

1.

increasing transparency in the training and labour market, supporting professional and regional mobility and enabling the rapid occupation of vacant posts,

2.

Promote individual employability through the preservation and development of skills, knowledge and skills,

3.

counteracting under-value employment, and

4.

Improve the professional situation of women by addressing the elimination of existing disadvantages and by overcoming a gender-specific training and labour market, and by at least the proportion of women in the labour market be promoted to the unemployed and to their relative dismay of unemployment.

(3) The Federal Government is to agree framework objectives with the Federal Agency for the Implementation of the Employment Promotion. These serve to implement the principles of this book. The framework objectives shall be reviewed at the latest at the beginning of a legislative period. Unofficial table of contents

§ 2 Cooperation with the agencies for work

(1) The employment agencies shall in particular provide services to employers, workers and employees by:

1.

Inform employers on a regular basis on training and labour market developments, training-seekers, supply of skilled labour and vocational training measures, as well as offering tailor-made labour market counselling and placement services to the company, and

2.

Advising workers on the preparation of career choices and the development of their professional development opportunities, providing mediation services for training or work in accordance with their skills, as well as Other services of the promotion of employment.

(2) Employers shall, in their decisions, have a responsible impact on the employment of workers and the unemployed, and thus on the use of employment benefits. In particular, they shall:

1.

provide, within the framework of their co-responsibility for the development of the professional capacity of workers, to adapt to changing requirements,

2.

avoid the use of employment promotion services and workers ' redundancies, as a matter of priority through operational measures,

3.

Inform employees at an early stage of the need for their own activities in the search for another employment and about the obligation to report to the Employment Agency in accordance with Section 38 (1) of this Regulation, to enable them to do so and to enable them to take part in the necessary vocational training measures.

(3) Employers should inform the work agencies at an early stage of changes in the company which may have an impact on employment. These include, in particular, communications on

1.

training and work places to be filled,

2.

planned operational extensions and the associated labour requirements,

3.

the qualification requirements for the workers to be set up,

4.

the planned operating restrictions or relocations and the related effects and

5.

Planning on how to avoid layoffs of workers or to organise transitions to other employment relationships.

(4) In their decisions, workers have a responsible impact on their professional opportunities. In particular, they should adapt their professional performance to the changing requirements. (5) Workers have, in particular, to avoid or terminate unemployment.

1.

continue to have a reasonable employment relationship,

2.

to look for employment on the basis of self-responsibility, at an early stage before the end of the employment contract,

3.

to take up reasonable employment and

4.

to take part in a vocational integration measure.

Unofficial table of contents

§ 3 Benefits of employment promotion

(1) Benefits of employment promotion are benefits in accordance with the third and fourth chapters of this book. (2) Benefits of active employment promotion are benefits in accordance with the third chapter of this book and unemployment benefit professional training. (3) Services of active employment promotion are discretionary benefits with the exception of

1.

the activation and placement voucher in accordance with § 45 (7),

2.

the vocational training allowance during the initial vocational training period or a vocational training programme,

3.

performance in preparation for the subsequent acquisition of the primary school or equivalent level of schooling in the context of a vocational training programme;

4.

the cost of continuing training for the subsequent acquisition of the primary school or equivalent school leaving qualification,

5.

the short-working allowance in the event of a loss of work,

6.

of winter money,

7.

the services to promote participation in transfer activities,

8.

the special benefits for participation in the working life and

9.

of unemployment benefits in continuing vocational training.

(4) Rate of remuneration shall be

1.

Unemployment benefit in the case of unemployment and continuing vocational training;

2.

Partial unemployment benefit for partial unemployment,

3.

Transitional allowance when taking part in measures to participate in working life,

4.

Short-time work in the event of a job loss,

5.

Insolvency allowance in the event of insolvency of the employer.

Unofficial table of contents

§ 4 Priority of mediation

(1) The placement in training and work shall take precedence over benefits for the replacement of unemployment in the case of unemployment. (2) The mediation priority shall also apply in relation to the other benefits of active employment promotion, unless the Performance is required for lasting integration. Unofficial table of contents

§ 5 Priority of active employment promotion

The benefits of active employment promotion are to be used in accordance with their respective objectives and the results of the consultation and placement discussions, in order to provide otherwise necessary services to replace the pay of unemployment. not only temporarily to avoid and to prevent the emergence of long-term unemployment. Unofficial table of contents

§ 6 (omitted)

- Unofficial table of contents

§ 7 Selection of benefits of active employment promotion

In the selection of the discretionary benefits of active employment promotion, the Agency shall, in accordance with the principle of economy and economy, have the most appropriate performance or combination of benefits for the individual case. vote. In principle,

1.

the abilities of the persons to be promoted,

2.

the absorption capacity of the labour market and

3.

the labour market policy needs identified on the basis of the results of the consultation and placement discussions

on the market. Unofficial table of contents

§ 8 Compatibility of family and work

(1) In their time, content and organisational structure, the benefits of active employment promotion should take into account the living conditions of women and men who take care of and educate children in need of supervision, or (2) returning to employment should the benefits of the active promotion of work be carried out under the following conditions: the active employment promotion Prerequisites of this book are obtained. This includes, in particular, advice and mediation as well as the promotion of continuing vocational training through the acquisition of training costs. Unofficial table of contents

§ 9 Local service provision

(1) The benefits of employment promotion are to be provided primarily by the local agencies for work. In doing so, the agencies have to take into account the realities of the local and local labour market. (1a) (omitted) (2) The agencies for labour are supposed to make the processes on the labour market more transparent. They have to contribute to the compensation of supply and demand on the local and local labour market. The use of active labour market policies should be regularly reviewed by the agencies for the improvement of effectiveness and governance. For this purpose, a regional labour market monitoring is to be established. Labour market monitoring is a system of repeated observations, accounting, trend descriptions and assessments of jobs in the labour market, including measures to support labour market equalisation. (3) The agencies for work work in order to carry out their tasks with the municipalities, districts and districts as well as the other participants in the local labour market, in particular the representatives of the employers and employees, the Chambers and professional organizations, together. They are to discuss their plans in good time with the support of measures for the promotion of employment. Unofficial table of contents

Section 9a Cooperation with the joint bodies responsible for the performance of the tasks of the basic insurance for jobseekers and approved municipal institutions

If, according to the second book, eligible persons eligible for work are also entitled to work, the agencies are obliged to work closely with those responsible for carrying out the tasks of basic protection for job-seekers. common institutions and approved municipal institutions. They shall forthwith inform them of the facts known to them in so far as they are aware of the facts necessary for the performance of the tasks of basic security for jobseekers, in particular:

1.

the activities of active labour support provided for and provided for in the sense of the Second Book for eligible persons entitled to work, and

2.

on the blocking periods to be applied to such persons.

Unofficial table of contents

§ 10 (omitted)

- Unofficial table of contents

Section 11 Inclusion balance sheet and inclusion report

(1) The Federal Agency and each agency for work shall draw up an integration balance sheet after the end of a financial year on its discretionary performance of the active employment promotion. The integration balance sheets must be comparable and should provide information on the use of funds, the categories of persons promoted and the impact of the support. (2) The integration balance sheets should contain, in particular, information on:

1.

the share of total expenditure allocated to the funds allocated and the expenditure on each service and its share of total expenditure,

2.

the average expenditure on the individual benefits for each employee and the employee being supported, taking account of the particular categories of persons in need of assistance, in particular the long-term unemployed, the severely disabled People, older people, persons returning to work and those with low qualifications,

3.

participation in the individual services of particularly eligible groups of persons, taking into account their share of the unemployed,

4.

the participation of women in activities of active employment, taking into account their share of the unemployed and their relative affectedness of unemployment, as well as information on measures to ensure equal participation of: Women in the labour market have contributed

5.

the ratio of the number of unemployed persons to non-subsidised employment, to the number of all exits from unemployment to non-subsidised employment (placement rate), in particular the need for assistance to expel groups of persons separately,

6.

the ratio

a)

the number of workers who are no longer unemployed six months after the completion of a scheme of active employment; and

b)

the number of workers who are employed in an appropriate period of time following a measure of active employment promotion,

in each case the number of female employees being supported in the various categories of measures; in this connection, special categories of persons in need of assistance must be identified separately,

7.

the development of the framework conditions for integration in the regional labour market,

8.

the change in the measures over time,

9.

the labour market situation of persons with a migrant background.

The central office of the Federal Agency provides the agencies for work with uniform calculation measures for the individual data in order to ensure comparability of the integration balances. (3) The agencies ' integration balances for Work is to be discussed with the participants in the local labour market. To this end, they are to be supplemented by a part which provides further information on the benefits and their effects on the local labour market, on the concentration of the measures on individual carriers and on the composition of the measures. Measures for the activation and occupational integration as well as the persons taking part in these measures and their further integration into the training and labour market. (4) The Federal Agency shall draw up a Federal Agency for the Federal Republic of Germany Inclusion report. In the classification report, the inclusion balance sheet is supplemented by a part of the text, which represents the use and impact of the services provided by the labour market. The classification report will be sent to the German Bundestag via the Federal Ministry of Labour and Social Affairs. (5) The breakdown balances are up to 31 December 2013. The following year shall be completed and published in October of the following year. The classification report is the Federal Ministry of Labour and Social Affairs up to the 31. It shall be published in October of the following year and shall be published after the supply to the German Bundestag.

Second section
Authorized

Unofficial table of contents

§ 12 Application of the definitions

The definitions contained in this section are only relevant for this book. Unofficial table of contents

§ 13 Home workers and home workers

Workers within the meaning of this book are also home workers (§ 12 para. 2 of the Fourth Book). Unofficial table of contents

§ 14 trainees

Apprentices are the employees who are employed for vocational training and take part in vocational preparation training measures which are eligible for this book, as well as participants in an initial qualification. Unofficial table of contents

§ 15 Training and jobseekers

Those seeking training are people who are looking for vocational training. Jobseekers are persons seeking employment as a worker or worker. This shall also apply if they are already engaged in employment or self-employment. Unofficial table of contents

§ 16 unemployed

(1) unemployed persons are persons who, as in the case of entitlement to unemployment benefit,

1.

are temporarily not in an employment relationship,

2.

seek an employment that is subject to insurance, while at the same time making the Agency's mediation efforts available for work; and

3.

have signed up to the Agency for Work.

(2) Measures of active labour market policy participants are considered to be non-unemployed. Unofficial table of contents

§ 17 Threat of Unemployment

People who are at risk of unemployment

1.

are subject to insurance;

2.

, as soon as the end of employment is expected, and

3.

is expected to become unemployed after the end of employment.

Unofficial table of contents

§ 18 Long-term unemployed

(1) Long-term unemployed persons are unemployed who are unemployed for a year and longer. Participation in a measure according to § 45, as well as periods of illness or other non-employment up to six weeks, do not interrupt the duration of unemployment. (2) For services that require long-term unemployment, stay the following interruptions of unemployment within a period of five years shall be disregarded:

1.

Periods of active employment promotion or integration into work according to the Second Book,

2.

Periods of illness, need for care or an employment ban under the Maternity Protection Act,

3.

Periods of care for and education of children in need of supervision or care for dependants,

4.

employment or self-employed activities up to a total duration of six months;

5.

Periods in which employment was not legally possible, and

6.

short interruptions of unemployment without proof.

(3) In the event that the facts of an unharmful interruption are not normally made up of the documents of the employment agency, then the credibility of the document shall be sufficient. Unofficial table of contents

§ 19 Disabled People

(1) Disabled persons in the sense of this book are not only temporarily diminished temporarily because of the nature or severity of their disability within the meaning of Section 2 (1) of the Ninth book, the prospects of participating in or further participating in the working life of the book. (2) People with disabilities are the same people who are in danger of having a disability with the consequences referred to in paragraph 1. Unofficial table of contents

Section 20 Vocational return

Women and men who are returning to work are women and

1.

have interrupted their employment or unemployment or vocational training because of the care and upbringing of children in need of supervision or the care of dependants, and

2.

in an appropriate period of time thereafter.

Unofficial table of contents

Section 21 Support

Carriers are natural or legal persons or partnerships, which carry out measures of the promotion of employment themselves or can be carried out by third parties.

Third Section
Ratio of the benefits of active employment promotion to other services

Unofficial table of contents

§ 22 Relationship with other benefits

(1) Benefits of active employment promotion may only be provided if other service providers or other public service bodies are not legally obliged to provide similar services. (2) General and special Benefits for participation in working life may only be provided unless a different type of rehabilitation support is responsible for the purposes of the Ninth book. The inclusion grant for particularly affected severely disabled persons in accordance with § 90 (2) to (4) and subsidies for the training allowance for severely disabled persons in accordance with § 73 may also be provided when another service provider is responsible for the The provision of similar services is required by law or, without being required by law, to provide services. In this case, the services of the other service provider are credited. (3) As far as services are used to promote vocational training and to promote continuing vocational training for the safeguarding of the living, they will be Training allowance in accordance with § 44 of the Penal Code. The benefits for detainees may not exceed the amount of the training allowance under Section 44 of the Penal Act. You will be provided by the Federal Agency for the benefit of the Agency for work in advance and shall be reimbursed by the Federal Agency. (4) The following services of the third chapter shall not be paid to or for eligible persons with a capacity to work. in the sense of the Second Book:

1.

Benefits according to § 35,

2.

Benefits for activation and occupational integration after the Second Section,

3.

Benefits for vocational training according to the fourth subsection of the third section and benefits according to § 54a,

4.

Benefits for continuing vocational training according to the fourth section and benefits according to § § 131a and 131b,

5.

Benefits for the inclusion of employment subject to social security after the First Subsection of the Fifth Section,

6.

Benefits of the participation of disabled persons in working life according to § § 112 to 114, 115 number 1 to 3 with the exception of vocational training measures and vocational training allowance, § 116 (1), (2) and (5), § § 117, 118 sentence 1 (1) and (3). as well as § § 119 to 121, 127 and 128.

Insofar as the Federal Agency for the provision of services according to § 35 has set up special services pursuant to § 367 para. 2 sentence 2 or has organized additional switching services across agencies, it provides the offered services In addition to the first sentence, switching services also apply to or for persons entitled to work in the sense of the second book. A service provision to or for eligible beneficiaries in the sense of the Second Book in accordance with the principles of § § 88 to 92 of the Tenth Book remains unaffected as well. The agencies for work may refuse orders in accordance with the third sentence for training placement only for important reasons. By way of derogation from the first sentence, the benefits shall be provided in accordance with § § 35, 45 (7), § § 117, 118 sentence 1 (1) and (3) and § § 127 and 128 also in the case of or for eligible beneficiaries in the sense of the second book, which shall be entitled to Unemployment benefits. Unofficial table of contents

Section 23 obligation to provide advance services for the promotion of employment

(1) As long as and as far as a priority body does not provide benefits, the benefits of active employment promotion are to be performed in such a way that the obligation to do so does not exist. (2) If the Agency has for work for another Under public law, the public service body responsible for the performance of the Federal Agency is subject to the obligation to pay the public authority. For these reimbursement claims, the provisions of the Tenth Book on the reimbursement claims of the social service providers shall apply mutagenally.

Second chapter
Insurance obligation

First section
Employees, Other insurers subject to insurance

Unofficial table of contents

Section 24 Insurance subject

(1) In an insurance obligation relationship, persons who are subject to insurance as employees or for other reasons. (2) The insurance obligation ratio begins for employees with the day of entry into the Employment relationship or the day after the absence of insurance, for other persons liable to insurance with the date on which the conditions for the insurance obligation are met for the first time. (3) Insurance obligations for employees during a work outage with a pay-out exception in the sense of (4) The insurance obligation shall end for employees with the date of leaving the employment relationship or with the day prior to the entry of the insurance, for the other Insurers subject to the day on which the conditions for the insurance obligation were fulfilled last time. Unofficial table of contents

§ 25 Employees

(1) Persons subject to insurance are persons who are employed for remuneration or for their vocational training (employment subject to insurance). Apprentices who are trained as part of a vocational training contract in accordance with the Vocational Training Act in a non-company institution, and participants in dual courses of study, stand for the employees. Vocational training as defined in the first sentence of sentence 1. (2) In the case of military service providers and civil service providers who are required to continue their remuneration in accordance with statutory provisions for the period of their service, the employment relationship shall apply by the Military service or civil service as not interrupted. Persons who do military service in accordance with the fourth section of the Soldatengesetz (military service) are not subject to insurance in this employment pursuant to paragraph 1; they are regarded as military service providers within the meaning of section 26 (1) no. 2. for persons in a military service relationship of a special kind pursuant to § 6 of the Use-Further Use Act, if they have suffered the entry of a person in an insurance obligation relationship. Unofficial table of contents

Section 26 Other insurers subject to insurance

(1) Insurance shall be subject to insurance

1.

Young people who, in vocational rehabilitation centres under § 35 of the Ninth Book, receive benefits in working life to enable them to work in the general labour market, as well as to persons who are in the -to enable youth assistance to be provided for employment,

2.

persons who provide military service or civil service in accordance with the obligations of the German military service law, § 58b of the Soldatengesetz or the Civil Service Act, and who are not subject to insurance as employees during that period,

3.

(dropped)

3a.

(dropped)

4.

Prisoners who receive pay, training allowance or compensation for compensation (§ § 43 to 45, 176 and 177 of the Penitent Act) or receive training aid only on account of the supremacy of benefits to promote vocational training according to this book not obtained. Prisoners within the meaning of this book are persons who are accommodated in the execution of pre-trial detention, custodial sentences and deprivation of liberty measures of improvement and security or temporarily according to § 126a (1) of the Criminal Procedure Code,

5.

Persons who are trained as non-statutory members of spiritual cooperatives or similar religious communities for the service in such a cooperative or similar religious community.

(2) Persons subject to insurance shall be persons in the period for which they are

1.

from a service provider, maternity benefit, sickness benefit, health care allowance, injury benefit, or transitional allowance from a medical rehabilitation institution,

2.

move from a private health insurance company to sickness allowance,

2a.

by a private health insurance company, by a federal state aid carrier, by another public service provider of costs in cases of illness at the federal level, by the institution of the health care in the federal government, of which Bearer of the troop medical care or of a public service institution of costs in cases of illness at the state level, insofar as national law provides this, benefits for the failure of employment income in connection with a according to § § 8 and 8a of the transplant law donation of organs or tissues ,

2b.

from a caretaker, a private insurance undertaking, the enforcement body for the aid or the tenancy support allowance; or

3.

relate to a institution of the statutory pension insurance scheme for the full reduction of the labour force,

if they were subject to insurance immediately prior to the commencement of the service, an ongoing compensation in accordance with this book, or an employment promoted as a job creation measure, which has been subject to a (2a) Persons liable to insurance are persons in the period in which they raise a child who has not yet completed the third year of life, if it

1.

were subject to insurance immediately prior to the education of the child, have paid an ongoing compensation in accordance with this book, or have pursued a job which is subsidised as a job creation measure and which has an insurance obligation or has interrupted the receipt of a current compensation for remuneration in accordance with this book; and

2.

are usually staying with the child in Germany or are entitled to child benefits under the Income Tax Act or the Federal Child Money Act when staying abroad, or without the application of § 64 or § 65 of the Income Tax Act or § 3 or § 4 of the Federal Children's Money Act.

Sentence 1 applies only to children

1.

the parent or the educating person,

2.

of his or her spouse, who is not permanently separated, or of their spouse, who are not permanently separated, or

3.

their non-permanently separated life partner or his not permanently separated life partner.

If more than one person has raised a child together, compulsory insurance shall only apply to the person who, according to the provisions of the law of the statutory pension insurance, is to be assigned the period of parental leave (§ 56 para. 2 of the Sixth Book). (2b) Persons subject to insurance are persons in the period in which they take up a period of nursing care in accordance with § 3 (1) sentence 1 of the Care Time Act and care for a person in need of care if they were subject to insurance immediately prior to the nursing period or a job which has been promoted as a job creation measure and which has (3) In accordance with paragraph 1, no. 1, the person who is liable pursuant to section 25 (1) is not subject to insurance obligations. According to the provisions of paragraph 1, no. 4, the person who is subject to insurance under other provisions of this book is not subject to insurance. The insured person shall not be liable for the payment of maternity benefits under paragraph 2 (1), who is subject to insurance under paragraph 2a. In accordance with paragraph 2, point 2, the person who is subject to insurance pursuant to paragraph 2 (1) is not subject to insurance. In accordance with paragraphs 2a and 2b, the person who is subject to insurance in accordance with other provisions of this book or who is entitled to compensation in accordance with this book during the period of education or care shall not be subject to insurance; sentence 3 shall remain unaffected. Where an insurance obligation referred to in paragraph 2a coincides with an insurance obligation referred to in paragraph 2b, the insurance obligation referred to in paragraph 2a shall apply. (4) (omitted)

Footnote

(+ + + § 26: For application see § 434e F. as of 20.12.2001 + + +) Unofficial table of contents

Section 27 Insurance-free employees

(1) Insurance-free persons are persons in employment as

1.

Civil servant, civil servant, judge, judge, temporary soldier, occupational soldier or professional soldier of the Bundeswehr, as well as other employees or other employees of the federal government, a country, a community association, a municipality, a local authority, a local authority, a local authority, a local authority, a local authority, a local authority, a local authority, a local authority, a local government Public corporation, institution, foundation or association of public bodies or their professional associations, if they are entitled to payment of the payment of benefits according to the legal provisions or principles of sickness and to aid or health care,

2.

Clergy of the religious societies recognised as public bodies, if they are entitled to payment of the payment and to aid in accordance with the provisions of the civil service law or the principles of sickness,

3.

Teacher or teacher at private approved replacement schools, if they are employed full-time and have the right to payment of the pay and to aid in accordance with rules or principles of civil service law in the event of illness,

4.

Statutory members of clerical cooperatives, deaconesses and similar persons, if they are engaged in nursing, teaching or other non-profit-making activities, for the most part religious or moral reasons, and No more than free maintenance or low pay, which is sufficient only for the provision of immediate living requirements for accommodation, food, clothing and the like,

5.

Members of the Management Board of a joint-stock company for the company of which they are members. Group companies within the meaning of Section 18 of the German Stock Corporation Act are considered to be a company.

(2) Insurance-free persons are in a marginal employment; by way of derogation from the first sentence of Article 8 (2) of the Fourth Book, marginal employment and non-negligible employment are not counted together. Freedom of insurance does not apply to persons who:

1.

in the context of company vocational training, under the Youth Voluntary Service Act, under the Federal Voluntary Service Act,

2.

in the event of a failure to work in the event of a failure to comply with the rules on short-time workers ' money, or

3.

Due to the gradual reintegration into the working life (§ 74 Fifth Book, § 28 Neuntes Buch) or any other of the reasons mentioned in § 146 (1)

are only slightly employed. (3) Insurance-free persons are persons in a

1.

Permanent employment, which they are professionally engaged in. An employment which is limited or limited in advance by contract of employment shall be an employment which is limited to less than one week of the nature of the case,

2.

Employment as a home worker or a home worker who is simultaneously employed as an intermediate master or intermediate master (§ 12 para. 4 fourth book), if the predominant part of the earnings from the activity as a Intermediate master or intermediate master,

3.

Employment as a foreign worker or foreign worker for initial or continuing vocational education and training, if:

a)

Vocational education and training from federal, state, community or municipal association funds, or by means of an institution or organization that is engaged in the training of foreign nationals or foreign nationals shall be encouraged,

b)

they are obliged to leave the country after the end of the training or further training which has been supported; and

c)

the periods of insurance completed domestily are not entitled to benefits in the case of benefits in accordance with the law of the European Community or under the intergovernmental agreement or the law of the country of residence of the employee or the employee may justify unemployment in the country of residence of the person concerned,

4.

Employment as mayor, mayor, co-ordinated or co-ordinated, if this employment is carried out on an honorary basis,

5.

Employment, which is funded according to § 16e of the Second Book.

(4) Insurance-free persons are persons who during the period

1.

their education at a general school, or

2.

of your studies as a regular student of a university or a school that serves as a technical education

carry out employment. Sentence 1 No 1 shall not apply if the employee visits school establishments which serve the purpose of further training outside the normal working hours. (5) Insurance-free persons are persons who are entitled to unemployment benefit during a period of time in which they are entitled to , they are engaged in employment. The first sentence shall not apply to employment carried out during the period during which the right to partial unemployment benefits is exercised. Unofficial table of contents

Section 28 Other insurance-free persons

(1) Persons who are free of insurance are persons,

1.

who complete the life year for the right to a regular-age pension as defined in the Sixth Book, with the end of the month in which they complete the relevant year of life,

2.

which are permanently no longer available due to a reduction in their performance, from the date on which the Agency for Work shall complete this reduction in performance and the competent institution of the statutory pension insurance scheme have identified a reduction in the employment of the statutory pension insurance scheme,

3.

during the period for which they are entitled to the benefit of a foreign service provider comparable to the entitlement to a pension due to the full reduction in employment.

(2) Insurance-free persons are persons in employment or on the basis of the payment of a social benefit (§ 26 para. 2 Nos. 1 and 2), insofar as they are entitled to a pension during this period because of the full reduction of the labour force from the statutory health insurance. (3) Insurance-free are non-German crew members of German seagoing ships who do not reside or habitually reside in a Member State of the European Union, a State Party to the Convention about the European Economic Area or Switzerland.

Second section
Insurance obligation ratio on request

Unofficial table of contents

§ 28a Insurance obligation ratio on request

(1) An insurance obligation relationship on request may give reasons for persons who:

1.

as a caregivers, a person assigned to care grade I to III in the sense of the Eleventh Book, the benefits from the social care insurance scheme according to the Eleventh Book or the care provided for in the Twelfth Book or similar services after other regulations, maintain at least 14 hours per week; in the case of care of a number of members, the periods of care must be combined,

2.

take up and carry out a self-employed activity with a minimum of 15 hours per week, or

3.

include and engage in employment with a minimum of 15 hours per week in a State outside a Member State of the European Union, a Contracting State of the European Economic Area or Switzerland.

Occasional deviations from the weekly minimum number of hours referred to in points 1 to 3 shall not be taken into account if they are of a short duration. (2) The requirement for the insurance obligation is to ensure that the applicant

1.

have been subject to an insurance obligation for at least twelve months within the last 24 months prior to the commensurate of the activity or employment,

2.

referred to in this book a compensation for payment immediately prior to the start of the activity or employment; or

3.

employment which has been interrupted as a work procurement measure and which has interrupted an insurance obligation relationship in accordance with the provisions of the First Section or the receipt of a current compensation for remuneration in accordance with this book, directly before: To take up employment or employment

and is neither subject to insurance (§ § 25, 26) nor insurance-free (§ § 27, 28); a small amount of employment (§ 27 (2)) does not exclude the obligation to insure insurance. The justification for an insurance obligation on the application referred to in point 2 of paragraph 1 shall be excluded if the applicant has already been subject to insurance under paragraph 1 (2), the activity leading to that insurance obligation. (3) The application must be made no later than three months after the date on which the activity or employment has been taken up in order to give reasons for the unemployment benefit. Insurance obligations on request shall be made subject to the following conditions. After a period of care within the meaning of § 3 (1) sentence 1 of the nursing care law, the application must be filed within three months after the end of the nursing period. The insurance obligation shall begin with the date on which the conditions laid down in paragraphs 1 and 2 are fulfilled for the first time; however, in the case of a previous period of care pursuant to Section 3 (1), first sentence, of the Care Time Act, at the earliest with the end of the period of care (4) The insurance obligation referred to in paragraph 1 shall be compulsory if, during the insurance obligation referred to in paragraph 1, a further insurance obligation (§ § 25, 26) or the freedom of insurance in accordance with § 27 occurs. A marginal employment (Article 27 (2)) does not lead to the obligation to insure the insurance obligation referred to in paragraph 1. (5) The insurance obligation relationship ends,

1.

if the insured person or the insured person receives a compensation in accordance with section 3 (4) (1) to (3),

2.

at the end of the day on which the conditions laid down in paragraph 1 were fulfilled last time,

3.

if the insured person or the insured person is in arrears for more than three months with the payment of contributions, at the end of the day for which contributions have been paid for the last time,

4.

in the cases of § 28,

5.

by cancellation of the insured person or the insured person; the termination shall be admissible for the first time after five years; the period of notice shall be three months at the end of a calendar month.

Third chapter
Active employment promotion

First section
Advice and mediation

First subsection
Advice

Unofficial table of contents

Section 29 Consultative offer

(1) The Agency for Work has young people and adults who wish to participate or participate in working life to offer vocational guidance and counselling to employers on the labour market. (2) The nature and scope of the advice is based on the need for advice. (3) The Agency for Work shall use the knowledge of the labour market of the European Economic Area and the experience gained from cooperation with the employment services of other States in the consultation process. Unofficial table of contents

§ 30 Vocational guidance

Career guidance includes the provision of information and advice

1.

on career choice, career development and career change,

2.

on the situation and development of the labour market and occupations,

3.

on the opportunities for vocational education and training,

4.

to search for training and job vacancies,

5.

on the benefits of the promotion of employment,

6.

on issues relating to the promotion of training and school education, insofar as they are important for career choice and vocational training.

Unofficial table of contents

§ 31 Basic principles of vocational guidance

(1) In the case of vocational guidance, account shall be taken of the inclination, suitability and performance of the persons seeking advice, as well as employment opportunities. (2) The Agency may also be responsible for work after the commencement of vocational training or after the commencement of a vocational training programme. Work for apprentices or employees, if they have agreed to their agreement, and advise them, insofar as this is necessary for the consolidation of the training or employment relationship. Unofficial table of contents

§ 32 The suitability of the aptitude test

The agency for work is to examine and assess the person seeking advice with their consent in a medical and psychological way, insofar as this is necessary for the determination of the professional seignity or the ability to mediate. Unofficial table of contents

Section 33 Vocational orientation

The Agency for Work shall carry out professional orientation

1.

on the preparation of young people and adults for the career choice and

2.

to inform training-seekers, job-seekers, workers and employers.

It should provide comprehensive information and advice on career choices, on the professions and on their requirements and prospects, on the ways and means of promoting vocational training and on developments in the workplace that are important in the field of work, Administrations and on the labour market. Unofficial table of contents

Section 34 Labour market counselling

(1) The labour market advice of the Employment Agency is intended to assist employers in filling training and employment services. It shall include the provision of information and advice

1.

on the situation and development of the labour market and occupations,

2.

for the occupation of training and work places,

3.

on the design of jobs, working conditions and the working time of apprentices and workers,

4.

on initial and continuing vocational training,

5.

on the integration of eligible apprentices and of workers in need of assistance,

6.

on the benefits of the promotion of employment.

(2) The Agency for Work shall use the advice to recruit training and employment offices for the placement of the agency. It should also be in contact with employers and maintain contact with them.

Second subsection
Mediation

Unofficial table of contents

Section 35 Conciliation offer

(1) The Agency for Employment has to offer training and placement services to job-seekers, jobseekers and employers (placement). The conciliation includes all activities aimed at bringing together training seekers with employers to establish a training relationship and job-seekers with employers in order to establish an employment relationship. The Employment Agency shall ensure that training-seekers and unemployed persons whose occupational integration is likely to be made more difficult receive increased mediating support. (2) The Agency for Work has through mediation to ensure that training-seekers receive a training centre, job-seekers, a job and employer, and receive appropriate apprentices and workers. It has to take into account the inclination, suitability and performance of the training-seekers and job-seekers, as well as the requirements of the job vacancies. (3) The Agency for Work also has the task of communicating through the To implement self-information facilities in accordance with § 40 (2) on the Internet. As far as is necessary for this purpose, it may use and transmit the data from the self-information facilities. Unofficial table of contents

§ 36 Principles of mediation

(1) The Agency shall not be allowed to mediate if a training or employment relationship is to be established which is contrary to a law or morality. (2) The Agency for Work may impose restrictions on the employer for a (a) mediation in respect of sex, age, state of health, nationality or similar characteristics of those seeking training and job-seekers who do not regularly affect professional qualifications shall take into account only where such training is Restrictions on the nature of the activity to be performed are essential. The Agency for Work may impose restrictions on the employer for mediation on the grounds of racial or ethnic origin, religion or belief, disability or sexual identity of those seeking training, and the jobseeker shall only take into account, to the extent that they are permitted under the General Equal Treatment Act. In addition, a restriction on membership of a trade union, party or comparable association may only be taken into account if:

1.

it is a training or employment agency in a tense company or company within the meaning of Article 118 (1) sentence 1 of the German Works Constitution Act; and

2.

the nature of the activity to be carried out justifies this restriction.

(3) The Agency for Work may only mediate in an area directly affected by an industrial dispute if the jobseeker and the employer demand it, despite a reference to the work struggle. (4) The Agency for In the case of conciliation, work is not obliged to check whether the contract provided for is a contract of employment. If an employment relationship is to be discernable, the Agency may draw attention to offers of self-employment for work; paragraph 1 shall apply accordingly. Unofficial table of contents

§ 37 Potential analysis and inclusion agreement

(1) The Agency for Work shall immediately after the training registration or job search report together with the training seeker or the jobseeker, have the professional and personal required for the placement of the job and the person to be sent to the job. Identifying characteristics, professional skills and aptitude (potential analysis). The analysis of potential also extends to the determination as to whether and by what circumstances occupational integration is likely to be made more difficult. (2) In an agreement on integration which the Agency for Labour and the Employment Agency together with the A training seeker or a jobseeker shall be determined for a period of time to be determined

1.

the inclusion objective,

2.

the mediation efforts of the Agency for Work,

3.

which self-efforts to integrate the job, or those seeking training, or the jobseeker, in which frequency must be at least, and in what form they must be proved,

4.

the services provided for the active promotion of employment.

The special needs of disabled and severely disabled people are to be taken into account appropriately. (3) The training seeker or the job seeker must be given a copy of the integration agreement. The integration agreement must be adapted to changing circumstances; it must be updated if, during the period for which it was initially applied, the search for training or the search for a job has not been completed. It must be reviewed at the latest after six months of unemployment, at the latest after three months in the case of young people who are unemployed and looking for training. In the event of a breakdown agreement not being concluded, the own efforts required under paragraph 2, first sentence, point 3 shall be determined by an administrative act. Unofficial table of contents

Section 37a

(dropped) Unofficial table of contents

§ 37b (omitted)

- Unofficial table of contents

§ 37c (omitted)

- Unofficial table of contents

§ 38 Rights and duties of training and job seekers

(1) Persons whose training or employment relationship ends shall be obliged to report to the Agency for work in person at the latest three months before the end of the contract. If there are less than three months between the knowledge of the termination time and the termination of the training or employment relationship, they shall be notified within three days of being aware of the termination time. In order to maintain the time limit set out in sentences 1 and 2, an advertisement shall be sufficient, indicating the personal data and the termination time, if the personal notification is to be obtained by appointment. The obligation to report is independent of whether the continued existence of the training or employment relationship is brought to court or is envisaged by the employer. The obligation to report shall not apply in the case of an in-company training relationship. In addition, the reporting requirements apply to training and job seekers in the performance procedure in accordance with § § 309 and 310. (2) Training and jobseekers who take advantage of the services of the Federal Agency shall have the right to receive the services of the Federal Agency for a period of time. to provide the necessary information, to submit documents and to communicate without delay the conclusion of a training or employment relationship with the appointment of the employer and his/her seat. They may make the transfer of their documents dependent on their return to the Agency for work, or exclude their disclosure to named employers. The notification and certifying obligations in the performance procedure in the case of incapacity for work pursuant to § 311 apply accordingly. (3) The employment service is to be carried out,

1.

as long as the job-seeker claims benefits in the event of unemployment or transfer short-time work, or

2.

until the specified termination date of the training or employment relationship has been reached in the case of the reporting person referred to in paragraph 1.

In addition, the Agency may recruit employment services if the jobseeker is not responsible for the obligations under paragraph 2 or of the integration agreement or the administrative act referred to in the fourth sentence of Article 37 (3) of the Employment Service. , without having an important reason to do so. The job seeker can take up the job placement again after the end of twelve weeks. (4) The training placement is to be carried out,

1.

until the job seeker enters into training, education or work, or the placement is otherwise completed or

2.

as long as the person seeking training or training is required to do so.

The second sentence of paragraph 3 shall apply accordingly. Unofficial table of contents

Section 39 Rights and obligations of employers

(1) Employers who take advantage of the services of the Federal Agency shall provide the necessary information and submit documents for a placement. They can exclude their transfer to named training and job-seekers, or limit the mediation to the fact that data are left to them by suitable training and job seekers. (2) The Agency for Work shall be responsible for the Employers provide labour market guidance when it recognises that a reported vacant training or employment agency cannot be filled in an appropriate period by their placement. It is intended to offer this advice no later than three months. (3) The Agency for Work can hire the placement to fill a training or work place if:

1.

it remains unsuccessful because the working conditions of the place offered are so unfavourable to those of comparable training or work places that they are not reasonable for the training or job-seekers, and the Agency for Work shall be responsible for the work. the employer has pointed out

2.

the employer does not make any or inaccurate communications concerning the failure to arrive at a training or employment contract with one or more of the proposed training-seekers, or one or a proposed job seeker, and the mediation is made more difficult,

3.

the position may not be filled even after the labour market consultation has taken place, but at the earliest after six months, but at the earliest three months after the beginning of a training year, the training placement is not available.

The employer can take advantage of the placement again.

Third Subsection
Common rules

Unofficial table of contents

Section 40 General information

(1) The Employment Agency should provide training and job-seekers and employers with an appropriate opportunity to inform themselves about training and employment vacancies, as well as training and job-seekers. (2) Self-information facilities are to be used for the placement and career orientation. These must be adapted to technical developments. (3) The Agency for Work may only include in the self-information facilities data on training-seekers, jobseekers and employers to the extent that they are necessary for conciliation. and that third parties cannot be assigned to a specific or identifiable person. Data which can be attributed to a specific or identifiable person by third parties may only be recorded with the consent of the persons concerned. An expression of the recorded data is to be sent to affected persons on request. The Agency for Work may depart from the inclusion of data on training and work places in the self-information institutions, if they are not suitable for this purpose. Unofficial table of contents

Section 41 Restriction of the Freight Fair

The Agency for Work must not collect data from training and jobseekers which an employer may not ask for the reasons for a training or employment relationship. Data on affiliation to a trade union, party, religious community or comparable association may only be collected from the applicant's or the jobseeker's or jobseeker's or the job seeker. The Agency shall only collect and use this data if:

1.

A placement on a training or work site

a)

in a tenor company within the meaning of Article 118 (1) sentence 1 of the German Works Constitution Act, or

b)

in the case of a religious community or in a charitable or educational establishment belonging to it

is provided for,

2.

the jobseeker or the jobseeker is willing to be mediated on such a training or work place, and

3.

in the case of a mediation referred to in point 1 (a), justify the nature of the activity to be carried out.

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Section 42 Principle of gratuitousness

(1) The Agency for Work shall exercise the advice and mediation free of charge. (2) The Agency may require the employer to reimburse special expenses incurred in the case of a work placement (reimbursement of expenses) if:

1.

the expenses substantially exceed the ordinary volume; and

2.

it has informed the employer of the obligation to pay at the beginning of the employment service.

(3) The Agency for Work may apply a fee from an employer who uses foreign employment services on the basis of inter-governmental agreements or brokerage agreements of the Federal Agency with foreign employment services. (mediation fee). The provisions of the Administrative Costment Act shall apply. (4) The employer shall not be entitled to the charge or the exchange fee, either in whole or in part, from the employee or employee mediated or to an employee or a worker. Third. Unofficial table of contents

Section 43 Authorisation

The Federal Agency shall be empowered to determine, by order, the chargeable event for the exchange fee and to provide fixed rates. For the purposes of determining the level of charges, expenditure may also be incurred in order to facilitate the integration of foreign workers into the economy and society or to the monitoring of workers ' fees. Compliance with the intergovernmental agreements or agreements on mediation will be taken into account.

Second section
Activation and occupational integration

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Section 44 Funding from the mediation budget

(1) Training-seekers, jobseekers and unemployed persons at risk of unemployment may be encouraged from the Agency's placement budget for work on the initiation or inclusion of an employment subject to insurance, provided that this is the case for the professional integration is necessary. In particular, they should be supported in the achievement of the integration objectives set out in the integration agreement. The support shall include the assumption of reasonable costs in so far as the employer is not or is not expected to provide similar services. (2) In accordance with paragraph 1, the initiation or admission of an insurer may also be subject to the following conditions: (3) Employment with a working time of at least 15 hours per week in another Member State of the European Union, another State Party to the Agreement on the European Economic Area or in Switzerland. Agency for Work decides on the scope of the services to be provided; can set up flat rates. Benefits are excluded for the maintenance of the subsists. The promotion from the mediation budget may not increase, replace or circumvent the other services provided for in this book. Unofficial table of contents

Section 45 Measures for activation and occupational integration

(1) Training-seekers, jobseekers and unemployed persons at risk of unemployment may be encouraged to take part in measures to facilitate their integration into the labour market by:

1.

-Pre-accession to the training and labour market,

2.

the identification, reduction or elimination of mediation barriers,

3.

Placement in an employment subject to insurance;

4.

Pre-accession to a self-employed activity or

5.

Stabilisation of employment

(measures for activation and occupational integration). Whereas, in order to activate the unemployed whose occupational integration is particularly difficult due to serious obstacles to mediation, in particular because of the duration of their unemployment, measures should be taken to ensure that: In terms of content and duration, account should be taken of the increased need for stabilization and support for the unemployed. Employees subject to insurance with a working time of at least 15 hours per week in another Member State of the European Union or of another State Party to the Agreement on the European Economic Area shall be the In accordance with the provisions of point 3 of the first sentence. The support shall include the assumption of the appropriate costs of participation, as far as this is necessary for professional integration. The promotion can be limited to the further performance of unemployment benefit. (2) The duration of the individual or group measures must correspond to their purpose and content. Where measures or parts of measures referred to in paragraph 1 are carried out by an employer or by an employer, they shall not exceed six weeks. The placement of professional knowledge in activation and occupational integration measures shall not exceed eight weeks. (3) The Agency may, under the application of the procurement law, instruct the institution to carry out the measures referred to in paragraph 1. (4) The Agency shall be entitled to do so by the Agency for the work of the Agency for the work of the Agency. To determine the conditions for funding under paragraph 1, and to define the target and the content of the measures (activation and placement voucher). The activation and placement voucher can be limited in time as well as regionally. The activation and placement voucher entitles you to choose

1.

of a carrier which offers a measure corresponding to the objective and content of the measure and approved in accordance with section 179,

2.

of a carrier which offers an exclusively performanced, remunerated employment agency in employment subject to insurance; or

3.

an employer who offers an operational measure corresponding to the target and content of the measure from a duration of up to six weeks.

The selected institution in accordance with the third sentence of the third sentence and the employer selected in accordance with the third sentence of the third sentence shall submit the activation and mediation voucher to the Agency for work before the date of commencement of the measure. The selected institution in accordance with the third sentence of the third sentence shall submit the activation and mediation voucher to the Agency for work on the basis of the initial payment requirements. (5) The Agency for Work shall decide on the issue of the expenditure. (6) The remuneration depends on the suitability and the personal circumstances of the eligible persons or the local availability of labour market services. (6) the nature and scope of the measure and may be designed to be cost-effective or result-related; a lump sum is permitted. Section 83 (2) shall apply accordingly. In the case of a successful placement in employment by a carrier in accordance with the third sentence of paragraph 4 (2), the remuneration shall be EUR 2 000. In the case of long-term unemployed and disabled persons according to § 2 paragraph 1 of the Ninth book, the remuneration can be set at a level of up to EUR 2 500. The remuneration according to sentences 3 and 4 shall be paid in the amount of EUR 1 000 after a six-week period and the balance shall be paid after a period of six months in the employment relationship. An income-related remuneration for the employment agency in employment subject to compulsory insurance is excluded if the employment relationship

1.

is limited to a period of less than three months, or

2.

in the case of a former employer, where the employee has been subject to insurance for more than three months during the last four years prior to the commensurate of employment; this shall not apply if: the temporary employment of particularly affected severely disabled people.

(7) unemployed persons who are entitled to unemployment benefit whose duration is not solely based on Article 147 (3) and who are not yet mediated within a period of three months after a period of six weeks ' unemployment shall be entitled to an unemployment benefit. Activation and placement voucher in accordance with the third sentence of paragraph 4, point 2. The period shall not include periods during which the unemployed person or the unemployed person shall take measures to activate and integrate into the labour market and to take measures in the field of occupational health and safety. Further training has taken part. Unofficial table of contents

Section 46 Sample employment and work assistance for disabled people

(1) Employers may be reimbursed for a period of three months for a temporary rehearsals of disabled, severely disabled and equivalent persons within the meaning of Section 2 of the Ninth book, if the (2) Employers can provide grants for the accessibility of training or employment opportunities for the disabled. , to the extent that this is necessary in order to ensure permanent participation in the working life , and a corresponding employer's obligation under Part 2 of the Ninth Book does not exist. Unofficial table of contents

Section 47 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized, by means of a regulation which does not require the approval of the Federal Council, to provide for further information on the conditions, limits, lump-sum and procedures for the promotion in accordance with § § 44 and 45 of the German Federal Council of Germany. .

Third Section
Career choice and vocational training

Second section
(dropped)

First subsection
Transition from school to vocational training

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Section 48 Vocational guidance measures

(1) The Agency for Work may promote pupils of general education through in-depth vocational guidance and preparation for vocational training (vocational guidance measures), if third parties with at least 50 per cent of the funding participate. The Agency for Work can also contribute up to 50 per cent in the promotion of measures which are set up by third parties. (2) The special needs of pupils with special educational needs and the needs of the students. Severely disabled pupils are to be taken into account in the design of the measures. Unofficial table of contents

Section 49 Professional entry support

(1) The Agency for Work may promote young people in need of assistance by means of occupational entry support measures in order to assist them in the transition from general education to vocational training, if third parties with at least 50 (2) eligible for support are measures for individual support and support for young people in need of support by career entry attendants, in order to facilitate the integration of young people in the youth field. To reach people in vocational training (career entry support). In particular, it is intended to support the achievement of the conclusion of a general school, the career orientation and choice, the search for a training centre and the stabilisation of the vocational training relationship. To this end, the career entry attendants, especially those with responsibility in the general education school, with third parties who support young people in the region with similar content, and with employers, should also be provided with the work closely together in the region. (3) The career entry support usually begins with the visit of the class of the general education school and usually ends half a year after the beginning of a vocational training. The career entry support ends at the latest 24 months after the end of the general education school. (4) In need of support, young people who are likely to have difficulty reaching the conclusion of the general education school or the transition to vocational training. (5) As a cost of measure, the institution shall bear the appropriate costs for the implementation of the measure, including the necessary costs for the career entry attendants, and Professional entry attendant reimbursed. Unofficial table of contents

Section 50 Authorisation

The Federal Agency is empowered to determine by order the details of the conditions, nature, scope and procedures of the funding.

Second subsection
Vocational preparation

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Section 51 Vocational preparatory training measures

(1) The Agency for Work may promote young people in need of work by means of preparatory vocational training measures in order to prepare them for the commence of vocational training or, if the admission of vocational training is due to the person in question it is not possible to facilitate their occupational integration. (2) A vocational training programme is eligible if it is to be provided for

1.

is not subject to the school laws of the countries, and

2.

After initial and further training as well as professional experience of the management and teaching staff, after the design of the curriculum, according to the teaching method and quality of the teaching and learning resources intended for use, a successful vocational training can be expected.

A vocational training programme which is partly carried out abroad is also eligible for the part carried out abroad if this part is appropriate in proportion to the total duration of the vocational preparation training measure (3) A vocational training programme may also contain general subjects for the purpose of facilitating the integration of the vocational training programme and the subsequent acquisition of the Prepare the main school degree or an equivalent school degree. (4) In-company internships can be adapted to an appropriate level of individual support requirements. Unofficial table of contents

Section 52 Young people in need of support

(1) In need of support, young people,

1.

where the preparatory training measure is necessary for the preparation of vocational training or, where the admission of vocational training is not possible on account of reasons lying in the person's person, for the purpose of vocational integration,

2.

who have complied with the full-time compulsory education in accordance with the laws of the countries, and

3.

whose abilities can be expected to achieve the objective of the measure.

(2) § 59 (1) and (3) shall apply accordingly.

Third Section
(dropped)

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Section 53 Preparation for a main school leaving certificate within the framework of a vocational preparation training measure

Young people who are in need of assistance without a school leaving certificate are entitled to be prepared for the subsequent acquisition of the main school or an equivalent school leaving certificate in the course of a vocational preparatory training measure. The performance shall be provided only if it is not provided for the same purpose by third parties. The Agency for Work must work to ensure that the countries responsible for general education take part in the cost of the measure. Third party services to increase the performance remain non-accounting. Unofficial table of contents

Section 54 Costs of measures

In the case of a vocational preparation training measure, the institution shall be reimbursed as a cost-of-measure:

1.

the appropriate expenses for the necessary training and support staff for the implementation of the measure, including regular continuing training, as well as for the necessary management and management staff,

2.

the appropriate material costs, including the costs of learning equipment and working clothes, and the appropriate administrative costs, and

3.

success-related packages in the course of placement of participants in a company vocational training within the meaning of § 57 (1).

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§ 54a Entry qualification

(1) Employers who carry out an entry-level qualification in-company may, by means of grants for remuneration up to a level of EUR 216 per month, plus a lump-sum percentage of the average total social insurance contribution of the or of the trainee. The company's entry-level qualification serves to teach and deepen the foundations for the acquisition of professional capacity for action. In so far as the company's entry qualification is carried out as a vocational training preparation according to the Vocational Training Act, § § 68 to 70 of the Vocational Training Act apply. (2) An entry qualification can be made for the duration of six to shall be funded for a maximum of 12 months if

1.

is carried out on the basis of a contract within the meaning of Section 26 of the Vocational Training Act with the trainee or trainee,

2.

prepare for a recognised training occupation within the meaning of Section 4 (1) of the Vocational Training Act, § 25 (1) sentence 1 of the Craft Act, the Maritime Labour Act or the Senior Care Act, and

3.

in full-time or because of the upbringing of their own children or the care of family members, in part-time of at least 20 hours per week.

(3) The conclusion of the contract shall be to be notified in accordance with the Vocational Training Act, in the case of preparation for a training occupation recognized by the State Law of the State in accordance with the Law on the Rights of the elderly. The skills, knowledge and skills acquired are to be certified by the company. The competent authority shall issue a certificate on the successful entry qualification of the company. (4)

1.

in the case of the Agency for Work, training applicants who are restricted for individual reasons and who do not have a training place even after the national post-placement activities,

2.

training seekers who do not yet fully have the necessary training maturity, and

3.

Learning impaired and socially disadvantaged training seekers.

(5) The promotion of a trainee or trainee who has already undergone an initial training qualification in the course of the application or in another undertaking of the undertaking, or in an undertaking of the undertaking, or of a related company in the last three years prior to the beginning of the entry qualification was subject to compulsory insurance, is excluded. The same applies if the entry qualification is carried out during the operation of the spouses, life partners or partners or parents. Unofficial table of contents

Section 55 Authorisation

The Federal Agency shall be authorized to determine the further details by arrangement

1.

on the nature and content of the vocational training measures and the requirements laid down therein,

2.

on the conditions for the reimbursement of flat-rate packages, on the reimbursement of flat-rate packages and on the level of flat-rate packages pursuant to Section 54 (3), and

3.

on the conditions, type, scope and procedures of entry qualification.

Third Subsection
Vocational training allowance

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Section 56 Vocational training allowance

(1) apprentices shall be entitled to vocational training allowance during vocational training, if:

1.

the vocational training is eligible,

2.

they belong to the eligible group of persons and the other personal conditions for the promotion are met; and

3.

the necessary resources are not otherwise available to them to meet the needs for living, driving costs and other expenses (total needs).

(2) apprentices are entitled to vocational training allowance during a vocational preparation training measure according to § 51. Unofficial table of contents

Section 57 Vocational training eligible for support

(1) Vocational training is eligible if, in accordance with the Vocational Training Act, the Craft Regulations or the Maritime Labour Act, it is a state-approved training occupation, whether in operation or out-of-business, or in accordance with the old-age care law. (2) The initial vocational training has been completed. (2) Eligibility for funding is the first vocational training. Second vocational training can be encouraged if it is to be expected that occupational integration cannot be achieved in a different way and that vocational integration is achieved through the second vocational training system. (3) The early solution of a vocational training relationship may be re-promoted if there was an justified reason for the solution. Unofficial table of contents

Section 58 Promotion abroad

(1) Vocational training, which is partly carried out abroad, is also eligible for the part carried out abroad if that part is appropriate in proportion to the total duration of vocational training and if the duration of one year is not (2) In-company vocational training, which is carried out entirely in neighbouring countries or in the other Member States of the European Union, shall be eligible if:

1.

a body competent in accordance with the federal or state law confirms that the vocational training is equivalent to a corresponding vocational training and

2.

vocational training abroad is particularly useful for achieving the educational goal and employability.

Unofficial table of contents

Section 59 Of eligible persons

(1) To be promoted

1.

German in the sense of the Basic Law,

2.

Citizens of the Union who have a right of permanent residence within the meaning of the freedom of movement law/EU and other aliens who have a residence permit or a permit to stay in the EU under the Residence Act,

3.

Spouse or life partner and children of Union citizens who are entitled to freedom of movement under the conditions laid down in Article 3 (1) and (4) of the Free Movement Law (EU), or who are not entitled to these rights as children, because they are 21 years or older and receive no maintenance from their parents or their spouses or life partners,

4.

Citizens of the Union who have been in employment before the start of training in Germany, the subject-matter of which is related to training in terms of content,

5.

Nationals of another Contracting State of the Agreement on the European Economic Area, under the conditions set out in points 2 to 4,

6.

Foreigners who have their habitual residence in Germany and who are outside the territory of the Federal Republic as refugees within the meaning of the Convention on the Status of Refugees of 28 July 1951 (BGBl. 559) and are not only temporarily entitled to stay in the territory of the Federal Republic of Germany,

7.

Homeless foreigners within the meaning of the law on the legal status of homeless foreigners in the Federal Republic of Germany in the revised version published in the Bundesgesetzblatt Part III, outline number 243-1, the latest by Article 7 of the Law of 30. July 2004 (BGBl. I p. 1950).

§ 8 (2), (4) and (5) of the Federal Training Assistance Act (Bundesausbildungsförderungsgesetz) applies accordingly. (2) Foreigners (§ 60a of the Residence Act) who have their permanent residence in the country shall be subject to the following conditions: Vocational training is encouraged if they have been legally, authorised or condoned in the Federal Republic of Germany for at least four years. (3) Foreigners are also encouraged if they are not allowed to participate in the training of the Federal Republic of Germany.

1.

they themselves have resided in the country for a total of five years prior to the start of the vocational training and have been legally employed; or

2.

at least one parent has resided in the country for a total of three years during the last six years before the start of the vocational training and has been legally in employment, incidentally from the date on which the vocational training have provided for these conditions; the requirement to pursue the employment of the parent during the last six years may be waited if it has not been carried out on the basis of a reason which it has not been responsible for; and he has been in employment in Germany for at least six months; is the trainee or trainee in the household of one or of a relative is admitted to the place of the parent in order to fulfil these conditions, provided that the trainee or the trainee has been in the last three years before the start of the vocational training has been legally resident in the country.

Unofficial table of contents

§ 60 Other personal requirements

(1) In the case of vocational training, the trainee or apprentices will only be encouraged if they or he

1.

lives outside of the household of the parents or of a parent, and

2.

the training centre cannot reach the home of the parents or of a parent in an appropriate period of time.

(2) Paragraph 1 (2) shall not apply if the trainee or apprentices

1.

18 years or older,

2.

married or in a life partnership, or was,

3.

with at least one child, or

4.

For serious social reasons, it is not possible to refer to the home of the parents or of a parent.

Unofficial table of contents

Section 61 Demand for the livelihood of vocational training

(1) If the trainee is located outside the household of the parent or of a parent during the course of the vocational training, the respective applicable requirements for students pursuant to Section 13 (1) (1) of the Federal Education Promotion Act (Bundesausbildungsförderungsgesetz) on the basis of The demand is increased for the accommodation by 149 euros per month. To the extent that rental costs for accommodation and incidence-related costs are demonstrably greater than the sum of the amount set out in the second sentence, the demand mentioned there shall be increased by up to 75 euros per month. (2) If the trainee or trainee is responsible for the full board , by way of derogation from paragraph 1, the values of the social security deposit regulation for food and accommodation or housing, plus EUR 90 per month, shall be used as a basis for other needs. (3) the trainee or trainee with full board in a dormitory or in a By way of derogation from paragraph 1, they are accommodated as required for the living, the fees for food and accommodation agreed within the scope of § § 78a to 78g of the Eighth Book plus 90 Euro without social pedagogical accompaniment. on a monthly basis for other needs. As a need for the livelihood of apprentices under the age of 18, the fees for the social pedagogical support are also based on, insofar as they are not reimbursed by third parties. Unofficial table of contents

Section 62 Requirements for subsisting in the case of vocational preparatory training

(1) If the trainee is accommodated in the household of the parents or of one of the parents during a vocational preparatory training measure, the respective applicable needs for pupils in accordance with section 12 (1) (1) of the (2) If the trainee is located outside of the household of the parents or of a parent, it is based on a monthly basis of 391 euros as a living allowance. To the extent that rental costs for accommodation and incitation costs are proven to exceed 58 euros per month, the demand referred to in the first sentence shall be increased by up to 74 euros per month. (3) Is the trainee or trainee with full board in a dormitory or a Boarding house, by way of derogation from paragraph 2 as a requirement for living expenses, the fees for food and accommodation agreed within the scope of § § 78a to 78g of the Eighth Book plus 90 Euro without social pedagogical accompaniment on a monthly basis for other needs. As a need for the livelihood of apprentices under the age of 18, the fees for the social pedagogical support are also based on, insofar as they are not reimbursed by third parties. Unofficial table of contents

§ 63 Driving costs

(1) The following costs of the trainee or trainee shall be used as a demand for travel costs:

1.

Costs for journeys between accommodation, training centre and vocational school (commuting),

2.

in the case of a required external accommodation, costs for arrival and departure and for a monthly family home or for a family home run for a monthly journey of one or more of the relatives to the place of residence of the Apprentices.

An external placement is required if the training centre cannot be reached within a reasonable period of time from the place of residence. (2) By way of derogation from paragraph 1 (2), the following costs shall be borne by the institution or the institution abroad. Apprentices on the basis of:

1.

in the case of a training place within Europe, the cost of a return journey per training half-year,

2.

in the case of a place of training outside Europe, the cost of a return journey per training year.

In special cases of hardship, the necessary expenses may be used for a further return journey. (3) The cost of the journey shall be based on the amount of the fare which will be regularly used for the use of the most appropriate regular service. Public transport in the lowest class; when using other means of transport, the amount of the distance compensation according to § 5 (1) of the Federal Travel Costs Act is used for the cost of the journey. In the event of a non-minor increase in the fare, an adjustment must be made at the request if the period of approval still lasts for at least two more months. Costs for commuting will be based only up to the amount of the amount, which can be provided in accordance with § 86. Unofficial table of contents

Section 64 Other expenses

(1) In the case of vocational training, a flat rate for the costs of the work clothes of 12 euros per month is used as a demand for other expenses. (2) In the case of a vocational training measure, other expenses are to be considered as a need for other expenses. Expenses for trainees whose protection in the absence of sickness or nursing care is not otherwise ensured, the contributions for a voluntary health insurance without entitlement to sickness benefit and the contributions to nursing care insurance in the case of a Holders of statutory health and nursing care insurance or, if in the (3) In the case of a vocational training and a vocational preparatory training measure, the costs for other expenses shall be the costs of: the supervision of the children of the trainee or of the trainee in need of supervision of 130 euros per month per child is based. In addition, other costs may be recognised,

1.

in so far as they are unavoidable through vocational training or participation in the vocational preparation training measure,

2.

in so far as vocational training or participation in the vocational preparation training measure is otherwise jeopardised and

3.

if the expenses are to be borne by the trainee or her or his/her parent or guardian.

Unofficial table of contents

Section 65 Special features of the visit to the vocational education and training course in block form

(1) For the period of vocational education and training in the form of a block, there is a need for a need which would be used for periods without the teaching of a vocational school. (2) A support for the period of vocational education and training in block form alone is excluded. Unofficial table of contents

Section 66 Adaptation of demand rates

For the adjustment of the requirements § 35 sentences 1 and 2 of the Bundesausbildungsförderungsgesetz (Bundesausbildungsförderungsgesetz) apply accordingly. Unofficial table of contents

Section 67 Income statement

(1) The income of the following persons shall be set out in the order of their nomination on the total needs:

1.

the trainee or the trainee,

2.

the person to whom the trainee or trainee is married or in a life partnership and from which he or she is not permanently separated; and

3.

of the parents of the trainee or of the trainee

(2) For the determination of the income and its accounting as well as the consideration of free amounts, § 11 (4) as well as the provisions of the fourth section of the Federal Training Promotion Act (Bundesausbildungsförderungsgesetz) shall apply in accordance with the relevant legal regulations. accordingly. Notwithstanding

1.

Section 21 (1) of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz) does not take into account the advertising costs of the trainee or trainee due to vocational training

2.

Section 22 (1) of the Bundesausbildungsförderungsgesetz (Bundesausbildungsförderungsgesetz) is the income of the trainee or trainee, which is foreseeable at the time of the application; changes to the date of the decision must be taken into account;

3.

Section 23 (3) of the Federal Education and Training Promotion Act (Bundesausbildungsförderungsgesetz) is subject to 58 euros of the training allowance and, by way of derogation from § 25 (1) of the Federal Education and Training Promotion Act, an additional 567 euros, if the training centre is from the home of the parents or a parent cannot be reached in an appropriate period of time;

4.

Section 23 (4) (2) of the Bundesausbildungsförderungsgesetz (Bundesausbildungsförderungsgesetz) does not count the benefits of third parties which are provided for the increase of the vocational training allowance.

(3) In the case of vocational training in the operation of the parents, the wife or the husband, or the life partner, at least the gross training allowance for the purpose of determining the income of the trainee or the trainee is , or, in so far as a collective agreement does not exist, the usual gross training allowance which is provided in this training occupation in the case of vocational training in a foreign establishment. (4) For Part-time preparatory training measures will be taken into account by a Income apart. The first sentence shall not apply to the income of the participants from a measure funded under this book or comparable public programmes. (5) The income of the parents shall be disregarded if their whereabation is not known or if they are not legally resident in the country of origin. or are actually prevented from doing so at home. Furthermore, the income is not to be counted, unless there is a maintenance claim or if the maintenance is not affected. Unofficial table of contents

Section 68 Advance payment of vocational training allowance

(1) Does the apprentier or the apprentier have the right to believe that their parents or their parents do not pay the maintenance amount according to the provisions of this book, or that the income of the parents cannot be calculated, because they are required to: do not provide information or provide documents, and if vocational training is at risk, even taking into account the income of the spouse or husband or life partner in the period of authorisation, the following shall be considered: Consultation of the parents without taking into account the amount of vocational training allowance . The hearing of the parents may be waiving for an important reason. (2) A claim of the apprentice or of the apprentice on maintenance benefits against her or his parents is to be taken up to the amount of the maintenance claim to be calculated together with the Entitlement to the payment of the vocational training allowance to the Agency for work on the basis of maintenance rights. The Agency for Work has the promotion to the parents. The transition is not precluded by the fact that the claim cannot be transferred, not pledged or not to be pledged. If the maintenance benefit has been paid to the apprentices or trainees in spite of the transfer of rights with a liberating effect, the trainee or trainees must reimburse the trainees in so far. (3) For the past, the parents of the trainee or the trainee may To be used only from the point in time to be used, from the

1.

have been subject to the conditions laid down in civil law, or

2.

if they have been involved in the application for training, or have been informed of it and have been informed of the conditions under which this book permits the use of parents.

(4) Vocational training allowance shall not be prepaid in so far as the parents are willing to provide maintenance in accordance with a provision made pursuant to § 1612 (2) of the Civil Code. (5) The Agency for Work may do so on the basis of shall, in agreement with the person entitled to maintenance or maintenance, retransmit the subsisted maintenance claim to the person or the dependent person for the purpose of judicial enforcement and resign the claim to the maintenance claim. Costs to which the person or the dependants are to be charged by themselves shall be taken over. Unofficial table of contents

§ 69 Duration of the promotion

(1) The right to vocational training allowance shall be for the duration of the vocational training or the duration of the vocational preparation training measure. In the case of vocational training, the claim is usually decided for 18 months, otherwise generally for one year (period of approval). (2) For absences, the following cases are entitled to vocational training allowance:

1.

in the case of illness, until the end of the third calendar month following the onset of the disease, but in the case of vocational training only as long as the vocational training relationship persists,

2.

for periods of pregnancy or post-birth, if:

a)

in the case of vocational training in accordance with the provisions of the Maternity Protection Act, the right to payment of the training allowance or entitlement to maternity benefit, or

b)

in the case of a vocational training measure, the measure is not interrupted for more than 14 weeks, in the case of premature or multiple births no longer than 18 weeks (§ 3 (2) and Article 6 (1) of the Maternity Protection Act),

3.

if, in the case of vocational training, the trainee is left out of vocational training for any other reason and the training allowance is paid further or a replacement is provided in the place where the trainee is responsible, or

4.

if, in the case of a vocational preparatory training measure, another important reason for the distance of the trainee or trainee is present.

Unofficial table of contents

Section 70 Vocational training allowance for the unemployed

Unemployed persons who would otherwise have been entitled to unemployment benefits at the beginning of the vocational preparation training scheme, which is higher than the basic need for living, are entitled to vocational training allowance in the amount of of unemployment benefits. In this case, the income obtained by the unemployed person or unemployed person from a job or self-employed activity carried out in addition to the preparatory training measure shall be credited in the same way as in the case of the benefit of unemployment benefit. Unofficial table of contents

Section 71 Payment

Monthly amounts of the vocational training allowance, which does not give rise to full euro, are to be rounded off at EUR 0.50 for the remaining amounts and for the rest to be rounded up. Monthly funding amounts to less than EUR 10 will not be paid. Unofficial table of contents

Section 72 Order authorisation

The Federal Agency shall be authorized to determine by order the details of the conditions, scope and procedures of the funding.

Fourth subsection
Vocational training

Unofficial table of contents

Section 73 Grants for the training allowance for disabled and severely disabled persons

(1) Employers may, for the purpose of training in-company or further training of disabled persons and severely disabled persons within the meaning of Article 104 (1) (3) (e) of the Ninth Book, be entitled to receive training allowances or to a comparable degree. (2) The monthly grants are to be paid on a regular basis by 60 per cent, in the case of severely disabled persons, 80 per cent of the monthly training allowance for the last year. The training year or the comparable remuneration, including the amount of the remuneration not to exceed lump-sum employers ' share in the total social insurance contribution. In justified exceptional cases, grants may be provided up to the level of the training allowance for the last year of training. (3) In the event of people with severe disabilities being taken into employment by the training or other person, the Employers following completed education or training may be provided with an integration grant of up to 70 per cent of the pay (§ 91) to be taken into account for a period of one year, provided that during the training period, the employer must pay the employer's employee's or further training grants. Unofficial table of contents

Section 74 Support and promotion of vocational training

(1) Support for measures may be given to grants and reimbursement costs if they are eligible for support for young people in need of assistance

1.

Support with training-related assistance in their in-company vocational training or their entry qualification, or improve their integration prospects in vocational training or work, or

2.

in place of vocational training in an establishment in an off-company facility.

(2) § 57 (1) shall apply accordingly. Unofficial table of contents

Section 75 Support for training

(1) Support for training should be provided to young people in need of assistance, which go beyond the teaching of the usual content of training and training, and in particular to provide support during the training of young people who are in need of training. Entry qualification via the placement of the skills, knowledge and skills to be mediated by the company in the course of the entry qualification. These include measures

1.

on the reduction of language and education deficits,

2.

on the promotion of practical and theoretical skills, knowledge and skills, and

3.

Social pedagogical accompaniment.

(2) Support for training assistance shall be eligible if:

1.

support young people in need of support during a company vocational training course or an entry qualification,

2.

are required to support the early solution of a company vocational training relationship until further vocational training or non-occupational vocational training has been taken up, or

3.

after the successful completion of an in-company vocational training supported with support for training, until the establishment or consolidation of an employment relationship is continued and necessary for this purpose.

They shall end at the latest six months after the establishment of an employment relationship. Unofficial table of contents

Section 76 Non-occupational vocational training

(1) Measures which are carried out in favour of young people in need of vocational training in a non-operational organisation (extra-occupational vocational training) shall be eligible for assistance where:

1.

the trainee or trainees participating in the measure cannot be given a training place in an establishment with training-promoting benefits in accordance with this book; and

2.

the proportion of company training phases per training year is appropriate.

(2) During the implementation of an off-the-job vocational training, all possibilities are to be taken into account in order to promote the transition of the trainee to an occupational vocational training relationship. (3) Is a company or a company or a non-occupational vocational training ratio has been solved prematurely and integration into in-company vocational training is also hopeless with training-promoting benefits according to this book, the trainee or his or her trainee may be Continue vocational training in a non-company institution if: (4) If an out-of-company vocational training ratio is solved prematurely, the institution of the measure has issued a certificate of already successfully completed parts of the to issue vocational training. Unofficial table of contents

§ 76a

(dropped) Unofficial table of contents

Section 77 Other eligibility requirements

The measures according to § § 75 and 76 are only eligible if they are provided after initial and further training as well as professional experience of the management and teaching staff, according to the design of the curriculum, according to the teaching method and quality of the intended use. Teaching and learning resources can be expected to be successful in vocational training, or to successfully support vocational training or initial qualification. Unofficial table of contents

Section 78 Young people in need of support

(1) In need of support, learning impaired and socially disadvantaged are young people who, because of their individual reasons, are not eligible for support.

1.

do not start, continue or successfully complete an entry qualification or vocational training,

2.

after the early solution of a vocational training relationship, further vocational training cannot begin, or

3.

After successful completion of a vocational training, an employment relationship cannot be justified or consolidated.

(2) In need of support, apprentices are also in need of support,

1.

in which, without the support of assistance with training accompanying aid, an early solution of their vocational training relationship is threatened or

2.

After the early solution of a company vocational training relationship under the conditions of § 76 (3), continue vocational training out of business.

The first subparagraph of paragraph 1 shall apply to apprentices who have already completed vocational training and whose completion of the second vocational training is required for their permanent professional integration. (3) § 59 (1) and (3) accordingly. Unofficial table of contents

§ 79 Benefits

(1) Services shall include:

1.

training-related aid, the cost of the training,

2.

an out-of-company vocational training programme, the subsidies for the training allowance plus the total social insurance contribution as well as the cost of the measure.

(2) In the case of an off-company vocational training allowance, a maximum amount may be paid as a grant to the training allowance in accordance with Section 123 (1) (1), the amount of which is to be paid for the subsistence of one or an unmarried person or not in an unmarried person. A life partnership must be based on trainees, if they or he is the 21. It has not yet been completed and is housed in the household of the parents. As of the second year of training, this amount is increased by 5 per cent per year. The amount shall be increased by the total social insurance contribution to be borne by the institution. (3) The amount to be reimbursed shall be reimbursed as a measure of the measure:

1.

the appropriate expenses for the necessary training and support staff for the implementation of the measure, including regular continuing training, as well as for the necessary management and management staff,

2.

the appropriate legal and administrative costs, and

3.

A lump sum for any early and sustainable placement in an in-company vocational training program, which is supported in accordance with § 76.

The lump sum in the first sentence of the first subparagraph shall be EUR 2 000 for each conciliation procedure. The placement shall be considered prematurely if the apprentier or trainees have been imparted at the latest twelve months prior to the contractual end of the non-occupational vocational training. The mediation shall be deemed to be sustainable if the vocational training ratio persists for more than four months. The lump sum is paid only once for each trainee and every trainee. Unofficial table of contents

Section 80 Authorisation

The Federal Agency is empowered to determine by order the details of the conditions, nature, scope and procedures of the funding.

Fifth Subsection
Youth hostels

Unofficial table of contents

Section 80a Promotion of youth hostels

Support for youth hostels may be provided through loans and grants where this is necessary to compensate for the training market and to promote vocational training, and if the institutions or third parties are to be adequately addressed to the Costs involved. Services can be provided for the construction, expansion, conversion and furnishing of youth hostels. Unofficial table of contents

Section 80b Authorisation

The Federal Agency is empowered to determine by order the details of the conditions, nature, scope and procedures of the funding.

Fourth Section
Continuing vocational training

Unofficial table of contents

§ 81 Principle

(1) In the case of continuing vocational training, employees may be assisted by taking over the costs of continuing training, if:

1.

the training is necessary in order to integrate them in the case of unemployment, to avert looming unemployment, or because they recognise the need for further training due to a lack of vocational qualifications,

2.

the Agency for Work has advised them prior to the participation and

3.

the measure and the institution of the measure shall be approved for the promotion.

As a further training, the period from the first day to the last day of the measure is covered by educational events, unless the measure has been terminated prematurely. (2) The need for further training for workers is recognised. workers for lack of professional qualifications, if they

1.

have a professional qualification but are not likely to be able to carry out a job corresponding to the vocational qualification in an unskilled or unskilled job on the basis of an employment of more than four years, or

2.

do not have a professional qualification for which a training period of at least two years is established in accordance with national or national legislation; workers without such a professional qualification, who do not yet have three They may only be encouraged if vocational training or preparatory training is not possible or cannot be presumed for reasons lying in the person's person.

Periods of unemployment, child-rearing and caring for a family of carers I to III are the same as those of the first sentence of the first sentence of 1. (3) Workers and workers shall be replaced by the Further training costs for the subsequent acquisition of the primary school or equivalent school qualification are encouraged if:

1.

comply with the conditions for the promotion of continuing vocational training referred to in paragraph 1; and

2.

It is expected that they will participate successfully in the measure.

The second sentence of the second subparagraph of paragraph 2 shall apply by analogy. The performance shall be provided only if it is not provided for the same purpose by third parties. The Agency for Work must work to ensure that the countries responsible for general education take part in the cost of the measure. Benefits of third parties to increase the performance remain non-creditable. (4) The employee or employee is certified to have the conditions for a grant (educational voucher). The education voucher can be limited in time, regionally and to specific educational goals. The institution selected by the employee or the employee shall submit the training voucher to the Agency for work before the date of commencement of the measure. The Employment Agency may waive the issue of an educational voucher for employees who are employed by the employer, if the employer and the employee are in agreement with it. (5) Continuing training of workers who have recognised the need for further training because of a lack of professional qualifications referred to in paragraph 2, employers may be assisted by subsidies for remuneration, to the extent that: Continuing training within the framework of an existing employment relationship is carried out. The grants may be provided up to the level of the amount, which is calculated as a partial remuneration for periods of further education without work; this includes the general employer's share of the employer's share of the employer's contribution to the Total social insurance contribution. Unofficial table of contents

Section 82 Promotion of special workers

In the case of continuing vocational training, employees may be assisted by full or partial acquisition of the costs of continuing training, if:

1.

at the beginning of the participation, the 45. have completed their life year,

2.

they continue to be entitled to pay in the context of an existing employment relationship for the period of participation in the measure,

3.

the establishment to which they belong has fewer than 250 employees,

4.

the measure is carried out outside the holding to which they belong;

5.

Knowledge and skills that go beyond just job-related short-term adaptation training, and

6.

the measure and the institution of the measure shall be approved for the promotion.

Article 81 (4) shall apply. The education voucher can be restricted to the funding level and the funding scope. In determining the number of persons employed, part-time workers with a regular weekly working time of not more than ten hours with 0.25, of no more than 20 hours with 0.50 and of no more than 30 hours with 0,75 are to be consideration. Unofficial table of contents

Section 83 Training costs

(1) Further training costs are the direct result of the further training

1.

Teaching costs and the costs of determining the suitability of the aptitude test,

2.

driving costs,

3.

Costs of accommodation and catering,

4.

Costs for the care of children.

(2) Services may be paid directly to the institution of the measure, to the extent that costs are directly incurred by the institution. To the extent that a communication on the authorization of services directly supplied to the institution has been cancelled, these services shall be reimbursed exclusively by the institution. Unofficial table of contents

Section 84 Apprenticeship costs

(1) Course fees shall include training fees, including:

1.

the cost of the necessary learning equipment, work clothes and test pieces,

2.

the examination fees for legally regulated or generally accepted interim and final examinations, and

3.

the cost of a necessary aptitude test.

(2) The costs of teaching may also be taken over for the period from the departure of a participant or a participant to the scheduled end of the measure, if:

1.

the participant or the participant is eliminated prematurely on account of work,

2.

the employment relationship has been achieved through the intermediary of the institution of the measure, and

3.

It is not possible to re-fill the vacant space in the measure.

Unofficial table of contents

§ 85 Driving costs

§ 63 (1) and (3) shall apply accordingly for the acquisition and the amount of the driving costs. Unofficial table of contents

§ 86 Costs of costs for accommodation and catering

If an external placement is required, then

1.

in the case of accommodation per day, an amount of EUR 31 shall be paid, but a maximum of EUR 340 per calendar month, and

2.

for meals, an amount of EUR 18 per day will be paid, but a maximum of 136 euros per calendar month.

Unofficial table of contents

Section 87 Child care costs

Costs for the supervision of the children of the employees in need of supervision can be taken over in the amount of 130 euros per month per child.

Fifth Section
Taking up employment

First subsection
Employment subject to social security contributions

Unofficial table of contents

Section 88 Inclusion grant

Employers may receive a subsidy on pay to compensate for a reduction (inclusion grant) in order to facilitate the integration of workers whose mediation is made more difficult because of reasons lying in their own person. Unofficial table of contents

§ 89 Amount and duration of funding

The level of support and the duration of the funding shall be determined by the extent of the reduction in the work performance of the employee or the employee and according to the requirements of the respective workplace (reduction in performance). The integration grant can amount to up to 50 percent of the amount of work to be taken into account and the funding period up to twelve months. In the case of workers, the 50. The duration of the funding period may be up to 36 months if the funding has commenced until 31 December 2019. Unofficial table of contents

§ 90 Incorporation grant for disabled and severely disabled persons

(1) For disabled and severely disabled persons, the integration allowance can be up to 70 per cent of the amount of work to be taken into account and the duration of the funding up to 24 months. (2) For severely disabled persons in the sense of § 104 (1) Point 3 (a) to (d) of the Ninth Book and, pursuant to Article 2 (3) of the Ninth Book, disabled persons treated by the Agencies for work, whose mediation is made more difficult because of reasons in their person (particularly affected persons). disabled persons), the inclusion allowance can be up to 70 percent of the take into account the amount of work paid and the duration of the funding up to 60 months. The duration of the funding can be found in the case of particularly affected severely disabled persons, who are the 55. (3) The decision on the level and duration of the promotion of severely disabled persons and the severely disabled persons shall be taken into account as to whether the severely disabled person is not (4) After the end of twelve months, the amount of the inclusion grant shall be ten percentage points per year. reducing. It must not be less than 30 per cent of the amount of work to be taken into account. The inclusion grant for particularly affected severely disabled people must be reduced only after 24 months have elapsed. Unofficial table of contents

Section 91 Work fee and payment of the grant to be taken into consideration

(1) To be taken into account for the inclusion grant

1.

the remuneration paid on a regular basis by the employer, in so far as it does not consist of a collective wage or, where there is no collective agreement, the remuneration for comparable activities does not exceed the level of the normal wage or salary, and where the remuneration is not the contribution ceiling in the employment promotion does not exceed, and

2.

the flat-rate share of the employer in the total social insurance contribution.

Unpaid remuneration is not to be taken into account. (2) The inclusion subsidy is fixed at the beginning of the measure in monthly fixed amounts for the funding period. The monthly fixed amounts shall be reduced if the remuneration to be taken into account is reduced. Unofficial table of contents

Section 92 Funding exclusion and repayment

(1) Promotion shall be excluded if:

1.

it is to be assumed that the employer has led to the termination of an employment relationship in order to obtain an inclusion grant, or

2.

the employee is recruit to a former employer where she or he has been subject to insurance for more than three months during the last four years prior to the beginning of the production; this does not apply if the employer is the temporary employment of particularly affected severely disabled people.

(2) The inclusion subsidy shall be repaid in part if the employment relationship is terminated during the production period or after a post-employment period. This shall not apply if:

1.

the employer was entitled to terminate the employment relationship on grounds relating to the person or the conduct of the worker or worker,

2.

has been entitled to dismissal from urgent operational requirements which are contrary to continued employment in the holding;

3.

the employment relationship is brought to an end to the work of the employee or the worker without the employer having to do so,

4.

the worker has reached the minimum age for the receipt of the statutory old-age pension, or

5.

the inclusion grant for the recruitment of a particularly affected severely disabled person.

The repayment shall be limited to half the amount of the aid paid and shall not exceed the amount of the aid paid in the last twelve months before the end of the employment relationship. Unfunded post-employment periods must be taken into account proportionally. The post-employment period is the same as the duration of the funding period; it shall be twelve months at the latest.

Second subsection
Self-employment

Unofficial table of contents

Section 93 Founding grant

(1) Workers who, by taking up a self-employed, main professional activity, end unemployment can, in order to secure the livelihood and social protection in the post-existence period, be able to: (2) A start-up grant can be made if the employee or the employee

1.

until such time as the self-employed activity has been taken up, the duration of the unemployment benefit is not less than 150 days when the self-employed activity is taken up, and is not based solely on Section 147 (3);

2.

The Agency for Work shows the sustainability of the business start-up and

3.

, or his or her knowledge and abilities to carry out self-employed activities.

In order to demonstrate the viability of the establishment of a business, the Agency shall submit its opinion to a competent body; competent bodies shall be, in particular, chambers of commerce and industry, chambers of crafts and professional chambers, Professional associations and credit institutions. (3) The start-up grant will not be provided as long as there are statuaries in accordance with § § 156 to 159. (4) The support is excluded if after the end of a promotion of the admission of a self-employed activity according to this book not yet 24 months (5) Eligible persons who are the year of life required for the retirement of the regular-age pension in the sense of the sixth book , from the beginning of the following month, they may not receive a start-up grant. Unofficial table of contents

§ 94 Duration and amount of funding

(1) As a start-up grant for a period of six months, the amount paid by the employee as unemployment benefit is paid, plus 300 euros per month. (2) The start-up grant may be made for another nine months. The amount of 300 euros per month shall be monthly if the person who is subsidised is carrying out their business by means of appropriate documents. If there are reasonable doubts about the business activity, the Agency may require the Agency to submit an opinion to a competent authority again.

Sixth Section
Whereabouts in employment

First subsection
Short-time allowance

First Title
Rule requirements

Unofficial table of contents

§ 95 Claim

Employees are entitled to a short-time allowance if:

1.

a significant loss of work has been lost with a failure to pay,

2.

the operating conditions are met,

3.

the personal conditions are met and

4.

the work stoppage of the Agency for Work has been indicated.

Employees in companies according to § 101 (1) (1) are entitled to short-time workers ' money in the form of the short-time working allowance in the bad weather period.

Fifth Subsection
Order authorisation

Unofficial table of contents

Section 96 Considerable loss of work

(1) A work loss is significant if:

1.

it is based on economic reasons or an unavoidable event,

2.

it is temporary,

3.

it is not preventable, and

4.

in each calendar month (period of entitlement), at least one third of the employees employed in the holding are affected by a pay-out of more than 10 per cent of their monthly gross charge; the Compensation can also be 100 per cent of the monthly gross salary.

In the calculations referred to in point 4 of the first sentence, apprentices shall not be counted. (2) A loss of work shall also be based on economic reasons, if it is caused by a change in the operational structures which are caused by the general situation of the general public. (3) An unavoidable event occurs in particular if a work loss is based on unusual weather conditions deviating from the usual weather conditions. An unavoidable event is also present if a work loss is caused by official or officially recognized measures which are not to be represented by the employer. (4) A work stoppage is unavoidable if in one operation all reasonable precautions have been taken to prevent the occurrence of the work failure. In particular, a loss of work shall be regarded as preventable,

1.

is predominantly industry-standard, business-standard or seasonal, or is based exclusively on organizational reasons,

2.

may be prevented in whole or in part by the granting of a paid holiday leave, provided that the priority holiday wishes of the workers do not preclude the granting of leave of leave, or

3.

can be completely or partially avoided by the use of working time fluctuations permitted in operation.

The dissolution of a working time credit may not be required by the employee or the employee, as far as it is

1.

is contractually intended exclusively for the bridging of work outages outside the bad weather period (§ 101, paragraph 1) and does not exceed the amount of 50 hours,

2.

is intended solely for the purposes referred to in Article 7c (1) of the Fourth Book,

3.

in order to avoid the use of seasonal short-time work, it has been saved and does not exceed the amount of 150 hours,

4.

the amount of 10 per cent of the annual working time of a worker or worker who has been without additional work exceeds, or

5.

has passed unchanged for more than a year.

In an establishment in which there is an agreement on fluctuations in working time, after which at least 10 per cent of the annual working time, which is due without additional work, is used, depending on the case of work, a work stoppage shall be deemed to have been carried out in the framework of the Fluctuations in working time can no longer be compensated as unavoidable. Unofficial table of contents

Section 97 Operating conditions

The operating conditions are fulfilled if at least one employee is employed in the holding. Operations within the meaning of the provisions relating to the short-time allowance are also an operating division. Unofficial table of contents

Section 98 Personal requirements

(1) The personal conditions are fulfilled if:

1.

the employee or the employee, after the start of the employment failure, an employment subject to insurance

a)

continue,

b)

, for compelling reasons, or

c)

, following the termination of a vocational training relationship,

2.

the employment relationship is not terminated or is dissolved by the cancellation contract; and

3.

the employee or the employee is not excluded from the short-time allowance.

(2) The personal conditions are also fulfilled if the employee becomes incapacitated during the course of the payment of short-time workers, as long as the right to payment of the pay is in the event of illness or without the (3) The personal conditions are not fulfilled in the case of workers

1.

while participating in a continuing vocational training programme with respect to unemployment benefit or transitional allowance, where such benefit is not paid for part-time work carried out in addition to employment,

2.

during the course of the payment of sickness benefit, and

3.

during the period during which they are provided by a private health insurance undertaking, by a federal state aid carrier, by another public service provider of costs in cases of illness at the federal level, by the institution of the health care in the Area of the Federal Government, the institution of the troop medical care or a public service institution of costs in cases of illness at the state level, to the extent that this provision provides for national law, benefits for the failure of the work income in the A connection with a transplant according to § § 8 and 8a of the transplant law Refer to the donation of organs or tissues.

(4) The personal conditions are also not fulfilled if and as long as workers are not involved in the manner requested and offered by the Agency in the event of mediation. Workers affected by a significant loss of work in the event of a failure to work should be included in the agency's mediation efforts. If, in spite of information on the consequences of the legal consequences, the employee has not accepted or did not accept a reasonable employment offered by the Agency, without having an important reason for this conduct, to apply the rules relating to the blocking period in respect of unemployment benefit. Unofficial table of contents

Section 99 Display of work failure

(1) The loss of work shall be notified in writing to the Agency for Work in whose district the establishment is established. The advertisement can only be refunded by the employer or the company representative. The employer shall be accompanied by an opinion of the company representative. The advertisement must show that there is a significant loss of work and that the operating conditions for the short-time allowance are fulfilled. (2) Short-time workers ' money shall be paid at the earliest from the calendar month in which the advertisement about the job loss at the agency for work. If the loss of work is based on an unavoidable event, the advertisement shall be deemed to be reimbursed for the corresponding calendar month if it has been reimbursed immediately. (3) The Agency for Work shall immediately have one or more of the following information. to inform in writing whether, on the basis of the facts which have been made and the facts which have been made, there is a significant loss of work and the operational conditions have been met. Unofficial table of contents

§ 100 Short-time workers ' money in labour disputes

(1) § 160 on the revocation of entitlement to unemployment benefits in the case of employment disputes shall apply in accordance with the right to short-time workers ' allowance for workers whose work loss is the result of a domestic work struggle on which they are entitled (2) The employer asserts that the loss of work is the result of a work struggle, and that he has to explain and make it credible. The declaration shall be accompanied by an opinion of the company representative. The employer shall provide the operating representative with the information required for the opinion. In determining the facts of the case, the Agency may, in particular, also make observations on the holding. (3) If the Agency finds that a work stoppage contrary to the employer's statement is not a consequence of a work struggle , and if the conditions for a right to a short-time allowance are not met solely because of the avoidable loss of work, the short-time allowance shall be paid in so far as the employee or employee is subject to pay (remuneration in the sense of § 115 of the Tenth Book) is not actually received. In the determination referred to in the first sentence, the Agency shall also take account of the economic viability of a continuation of the work. If the employer has paid the remuneration to the employee or the employee or to a third party in spite of the transfer of rights with a liberating effect, the recipient of the short-time working allowance shall be reimbursed to the employee in that respect.

Second Title
Special forms of the short-time working allowance

Unofficial table of contents

§ 101 Season-Short-time allowance

(1) In the period from 1 December to 31 March (bad weather period), employees are entitled to a short-time working season for the season, if:

1.

they are employed in a holding which belongs to the construction industry or to a branch of industry which is affected by seasonal work stoppage,

2.

the job loss referred to in paragraph 5 is significant;

3.

the operating conditions of § 97 as well as the personal requirements of § 98 are fulfilled and

4.

the work stoppage of the Agency for Work in accordance with § 99 has been indicated.

(2) An operation of the construction industry is an operation which mainly provides construction services on the construction market. Construction services are all services that are used for the manufacture, repair, maintenance, alteration or disposal of buildings. A holding which predominantly provides construction equipment, construction machinery, construction equipment or other construction equipment without personnel of the construction industry, or which mainly manufactures building materials or components for the market, and a Operation which makes concrete unloading equipment commercially available is not an operation of the construction industry. (3) A holding provides construction services on the construction market, it is presumed that it is an operation of the construction industry within the meaning of the second sentence of paragraph 2. Sentence 1 shall not apply if it is proved to the Federal Agency that construction services do not outweigh the working time. (4) A sector of the economy is affected by seasonal work stoppage if the job loss is regularly observed in the (5) A loss of work is significant if it is based on weather-related or economic reasons or an unavoidable event, temporarily and not is preventable. A work failure, which is predominantly industry-standard, operating or seasonal, is also considered to be unavoidable. Have been, since the last bad weather period, working time credits not at least one year, for purposes other than compensation for a steed monthly wage, in the case of a weather-related loss of work or of the exemption for the purpose of: (6) A loss of work is due to the weather, if it is not possible to make a job. (6) If there is a shortage of job losses, a job loss is due to weather conditions.

1.

it is caused exclusively by compelling weather conditions, and

2.

at least one hour of regular working hours on a working day (failure day).

Mandatory weather conditions are available only if it is technically impossible, economically indefensible or for the employees, due to atmospheric influences (especially rain, snow, frost) or their consequences. it is unreasonable to continue the work. The loss of work is not caused exclusively by compelling weather conditions, if it can be avoided by observing the special requirements for the protection of workers in terms of the weather conditions. (7) An ad according to § 99 is not required if the job loss is based solely on weather-related reasons. (8) The other provisions on the short-time allowance are to be applied. Unofficial table of contents

Section 102 Supplementary benefits

(1) Employees are entitled to winter money as a grant-winter money and additional expenses for winter money and employers shall be entitled to reimbursement of contributions to social security insurance to be borne by them, to the extent that they are intended for such purposes: (2) Allowance-Winter money is paid up to € 2.50 per working hour, if the balance of working time is resolved and the use of the seasonal short-working allowance is paid. (3) Multi-cost winter money is to be paid in the amount of 1.00 Euro for each the period from 15 December to the last calendar day of February, paid into account for workers employed in a weather-related workplace. In December, up to 90 working hours can be taken into account, up to 180 working hours each in January and February. (4) The contributions to social security for recipients of social insurance, which are to be borne by employers alone, are: In the construction industry, paragraphs 1 to 4 apply exclusively to workers whose employment relationship is not due to weather-related reasons during the bad weather period. can be terminated. Unofficial table of contents

§ 103 Short-time allowance for
Home workers and home workers

(1) The right to a short-time allowance shall also be paid to home workers if they relate to their livelihood exclusively or by far predominantly from the employment relationship as a home worker or home worker and, if not, (2) The workers employed in the holding shall be replaced by the homeworkers employed for the contracting entity. In addition, in the event of a significant drop in the event of a failure to work, the principal shall enter the place where the contracting entity is operating and the employer; the contracting authority may be a trader or a trader or a trader; be an intermediate master or an intermediate master. A pay-out is significant if the remuneration of the home worker or the home worker in the claim period is reduced by more than 20 per cent compared to the average monthly gross charge of the last six calendar months. (3) A Employment subject to compulsory insurance as a home worker or a home worker shall be considered to be a continuation during the period of payment of the fee, as long as

1.

the contracting authority is willing to grant the home worker or the home worker as soon as possible orders in the normal amount prior to the entry of the short-time work; and

2.

the home worker or the home worker is prepared to take over orders within the meaning of point 1.

Third Title
Scope

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§ 104 Duration

(1) Short-time workers ' money shall be provided by the Agency for work for a period of at least six months in the event of a loss of work. The reference period shall apply uniformly to all workers employed in a holding. It starts with the first calendar month for which short-time work is paid by the employer in a holding. (2) Within the reference period, no short-time allowance is paid for a continuous period of at least one month. the reference period for this period. (3) Since the last calendar month for which the short-time allowance has been paid, three months have elapsed and the conditions for a claim to a short-time allowance have been met again, a new one begins Reference period. (4) Season short-time allowance shall be notwithstanding paragraphs 1 to 3 for the duration of the work failure during the bad weather period shall be provided by the Agency for Work. Times of the reference of seasonal short-time work are not counted towards the reference period for the short-time allowance. They shall not be considered as periods of interruption within the meaning of paragraph 3. Unofficial table of contents

§ 105 Height

The short-time allowance shall be

1.

for workers who would meet the conditions for the increased benefit rate for unemployment benefit, 67%,

2.

60% for the other workers

the net pay difference in the claim period. Unofficial table of contents

Section 106 Net income difference

(1) The net compensation difference corresponds to the difference between

1.

the flat-rate net fee from the target charge and

2.

the flat-rate net fee from the actual pay.

The purpose of the remuneration is to reduce the gross salary which the employee would have achieved in the claim period, without the loss of work, without the loss of work, in order to pay for the extra work. The remuneration is the gross remuneration actually achieved by the employee in the claim period, plus all the allowances to which he is entitled. Remuneration paid on a one-time basis shall not be taken into consideration when calculating the nominal charge and the actual remuneration. Should-pay and actual pay are to be rounded up to the next 20 separable euro amount. Section 153 on the calculation of the benefits in the case of unemployment benefit shall apply with the exception of the rules on the date of allocation of the wage tax classes and the tax-class change for the calculation of the flat-rate net fees at the time of the (2) If, for other than economic reasons, the employee does not pay a salary, the actual payment is to be increased by the amount by which the pay for the remuneration is reduced for these reasons. Remuneration paid on the basis of the short-time working allowance shall not be taken into account in the calculation of the actual pay. In the calculation of the net difference in compensation referred to in paragraph 1, temporary changes to the contractually agreed working time shall be disregarded as a result of collective agreements on employment security agreements; the rates 1 and (3) In the event of a worker's failure to work, the worker or the employee shall be provided with a remuneration from another employment, activity or activity which has been taken up during the course of the short-time work allowance. as family members or assisting in helping Member of the family, the actual remuneration is to be increased by this fee. (4) If the nominal wage of a worker in the claim period is not sufficiently determined, the remuneration of the employee shall be deemed to be the remuneration. , the average rate of compensation for workers in the last three calendar months before the start of the working outage, reduced by remuneration for extra-work. Where a calculation in accordance with the first sentence is not possible, the average nominal fee shall be based on a comparable worker or a comparable worker. Changes to the basis for the calculation of the pay are to be taken into account if and as long as they are also effective during the working outage. (5) Paragraphs 1 to 4 shall apply to home workers, with the proviso that: Should the average gross earnings of the last six calendar months be taken into account before the start of the discharge, the average gross salary shall be based on the total gross salary of the last six months. If the home worker or the home worker has not been active for six calendar months for the client, the remuneration obtained in the shorter period shall be the decisive factor.

Fourth Title
Application of other provisions

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Section 107 Application of other provisions

(1) Section 159 (1), second sentence, point 6, on the revocation of entitlement to unemployment benefits on account of blocking periods in the event of failure to report, shall apply in respect of the right to a short-time allowance. (2) § 156 on the revocation of entitlement to unemployment benefit in the case of unemployment benefit Meetings with other social benefits shall apply to the right to a short-time allowance in respect of the cases in which an old-age pension is recognised as a full pension.

Fifth Title
Available via the short-time allowance

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Section 108 available on the short-time allowance

(1) § 48 of the First Book for the payment of benefits in the event of a breach of the maintenance obligation shall not apply. (2) The employer shall be deemed to be a third party debtor for the enforcement of the right to short-time work. The assignment or pledge of the claim is only effective if the creditor indicates it to the employer. (3) Has an employer or a person appointed by him by one of the acts referred to in § 45 (2) sentence 3 of the Tenth Book if the short-time allowance has been wrongly paid, the undue amount shall be replaced by the employer. Where the sums wrongly paid are to be replaced by both the employer and the person receiving the benefit, both shall be considered as the total debtor. (4) The assets of an employer appointed by the Agency shall be the responsibility of the person responsible for the performance of the service. If the employee has received amounts for payment to the employees, but has not yet paid out, the insolvency proceedings are opened, the Agency may, for work, recover these amounts as the insolvency creditor.

Sixth Title
Authorisation

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Section 109 Regulation empowerment

(1) The Federal Ministry of Labour and Social Affairs is authorized to do so by means of a decree law which does not require the approval of the Federal Council,

1.

specify, for each calendar year, the flat-rate monthly net charges applicable to the calculations of the short-time working allowance,

2.

the reference period for the short-time allowance beyond the legal reference period

a)

up to a period of twelve months, if exceptional circumstances exist on the labour market in certain economic sectors or districts, and

b)

up to 24 months if there are exceptional circumstances on the whole labour market.

(2) The Federal Ministry of Labour and Social Affairs is authorized to determine the economic activities in accordance with Section 101 (1) (1) by means of a decree law which does not require the approval of the Federal Council. As a rule, the subject-specific scope of contractual regulations should be taken into consideration and the parties to collective agreements should be consulted beforehand. (3) The Federal Ministry of Labour and Social Affairs is authorized to apply the provisions on the basis of Agreements of the parties to collective agreements by means of a regulation which does not require the consent of the Federal Council to determine whether, in what amount and for which employees the supplementary benefits in accordance with § 102 (2) to (4) of the the branches of the construction industry and the individual branches of the economy. (4) the provisions referred to in paragraphs 2 and 3 shall be taken into account as to whether they are likely to contribute to a particular extent to stimulate economic activity in the period of bad weather or to the employment situation of seasonal workers; -to stabilise workers affected by work.

Second subsection
Transfer benefits

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§ 110 Transfer measures

(1) Participation in transfer measures shall be encouraged by workers who are at risk of unemployment as a result of an operating change or in connection with the termination of a vocational training relationship, if:

1.

the parties to the operating parties are in the run-up to the decision on the introduction of transfer measures, in particular in the context of their negotiations on a balance of interests or social plan that promotes the integration of workers In accordance with § 112 of the Works Constitution Act, have consulted the Agency for Work,

2.

the measure is carried out by a third party,

3.

the measure of the integration of workers into the labour market, and

4.

the implementation of the measure is secured.

Transfer measures are all measures for the integration of workers into the labour market, in the financing of which employers are adequately involved. As a change in company law, an operating change is valid in the sense of Section 111 of the Works Constitution Act, irrespective of the size of the company and irrespective of whether the operating constitutional law is to be applied in the respective establishment. (2) The promotion will be as a grant. The grant shall be 50 per cent of the necessary and reasonable cost of the measure, but not more than EUR 2 500 per employee or worker supported. (3) A support shall be excluded if the measure is used to: (a) to prepare workers for a connection work in the same company or in another establishment of the same undertaking or, if the company is a member of a group, to have access to a connection in a single undertaking To prepare the operation of another group company of the Group. The promotion must not be allowed to relieve the employer of existing obligations. Employees of the public service are excluded from the promotion, with the exception of the employees of companies which are economically active in a self-employed legal form. (4) While participating in the Transfer measures are excluded from other services of active employment promotion with the same objective. Unofficial table of contents

Section 111 Transfer short-time allowance

(1) In order to avoid redundancies of workers and to improve their employment prospects, these are entitled to short-time workers ' money to promote integration in company restructuring operations. (Transfer short-time allowance) if:

1.

and as long as they are affected by a permanent non-preventable loss of work with a release,

2.

the operating conditions are met,

3.

the personal conditions are met,

4.

the operating parties are in the run-up to the decision on the use of transfer short-time allowance, in particular in the context of their negotiations on a balance of interests conducive to the integration of workers; or Social plan according to § 112 of the Works Constitution Act, have been advised by the Agency for Work and

5.

the permanent work failure of the Agency for Work has been indicated.

The Agency for Employment provides transfer short-time allowance for a maximum of 12 months. (2) A permanent job loss is provided if, due to a change in operating conditions within the meaning of Section 110 (1) sentence 3, the employment opportunities for the Workers and workers are not only temporarily eliminated. The default fee can also be 100 per cent of the monthly gross charge. (3) The operating conditions for the granting of transfer short-time allowance are fulfilled if:

1.

in an establishment, staff adjustment measures are carried out on the basis of an operating change,

2.

the workers affected by the loss of work are combined in a single unit of business management in order to avoid redundancies and to improve their chances of integration;

3.

the organization and funding of the organizational unit independent of the intended integration success can be expected and

4.

a system for quality assurance is applied.

If the independent unit of the company is carried out by a third party, the condition referred to in the first sentence of sentence 1 shall be replaced by the carrier authorisation in accordance with § 178. (4) The personal requirements shall be fulfilled if the employee is or the worker

1.

is threatened by unemployment,

2.

After the start of the employment failure, an employment subject to insurance shall be continued or received following the termination of a vocational training relationship,

3.

is not excluded from the short-time allowance and

4.

before the transfer into the unit, which is independent of the operating organization, on the occasion of the change in operation

a)

reports to the Agency for Work, and

b)

has taken part in an appropriate labour market measure to determine the prospects for inclusion; in exceptional cases, in spite of the assistance of the Agency for work, it is not possible to take the necessary measures in good time shall be carried out in the immediate connection to the transfer within one month.

Section 98 (2) to (4) applies accordingly. (5) Employees of the coal industry, who can be paid for adjustment money in accordance with § 5 of the SteinkohleFinancing Act, are entitled to claim the right to adjust Transfer short-time allowance. (6) For the display of the work failure, § 99 (1), 2 sentence 1 and (3) shall apply accordingly. The job loss is to be reported to the agency for work in whose district the personnel-issuing company has its seat. (7) During the reference of transfer short-time allowance, the employer has the subsidiar-funded employees to submit mediation proposals. If the employer or the Employment Agency finds that employees have skills shortages, the employer is to offer appropriate measures to improve the integration prospects. In particular,

1.

vocational training measures for which there is an authorisation under the fifth chapter for which the institution is responsible, or

2.

a temporary employment lasting at least six months for the purpose of qualification with another employer.

The Agency shall be involved in the definition of the measures referred to in the third sentence. If, during employment, the employee participates in a separate organisational unit in a qualification measure, the aim of which is the subsequent employment with another employer; and if the aim of the measure has not been reached, the return of the employee to the previous establishment is not contrary to the right to transfer short-time allowance. (8) The claim is excluded if female workers and employees Employees only temporarily in the company's organisational independent In order to subsequently occupy another place of work in the same or another undertaking of the enterprise, or, if the company belongs to a group, a place of work in one establishment of another unit, Group company of the Group. Section 110 (3) sentence 3 applies accordingly. (9) The employer shall send the Agency for Work monthly with the application for short-time work money the names and social security numbers of the recipients of the transfer short-time allowance, the duration of the transfer short-time allowance, data on the age structure as well as the discourses in employment. The first transmission must be accompanied by additional data on the structure of the unit which is independent of the operating organisation and the size and the operating number of the holding company. (10) In so far as nothing deviates from the rules, it is necessary to: to apply the provisions of the first subsection applicable to the short-time allowance, with the exception of the first two titles and section 109 (1) (2) and (2) to (2) to (4).

Seventh Section
Participation of disabled people in working life

First subsection
Principles

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Section 112 Participation in the working life

(1) Persons with disabilities may be provided with services to promote participation in working life in order to maintain, improve, establish or restore their employability and to ensure their participation in working life, insofar as (2) In the selection of services, it is appropriate to take appropriate account of the suitability, inclination, previous activity and the situation and development of the labour market. If necessary, it is also necessary to clarify the professional suitability or to carry out a work test. Unofficial table of contents

Section 113 Benefits for participation

(1) Persons with disabilities may be provided with:

1.

general services and

2.

Special benefits for participation in working life and supplementary benefits.

(2) Special benefits for participation in working life shall only be provided unless a participation in the working life can be achieved by means of the general benefits. Unofficial table of contents

§ 114 Performance framework

The general and special services shall be governed by the provisions of the second to fifth sections, unless otherwise specified below.

Second subsection
General benefits

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§ 115 Benefits

The general services shall include:

1.

Benefits for activation and occupational integration,

2.

Benefits for the promotion of vocational preparation and vocational training, including vocational training allowance,

3.

Services to promote continuing vocational training,

4.

Services to promote the inclusion of self-employed activities.

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§ 116 Special features

(1) Benefits for activation and occupational integration can also be provided if disabled persons are not unemployed and through these services a lasting participation in working life can be achieved. (2) Eligibility for support Vocational education and training courses which, by way of derogation from the training regulations for state-approved training occupations or in special forms for disabled persons, are carried out in the framework of the Vocational Training Act or the Craft Regulations. (3) The right to vocational training allowance shall also exist where the The disabled person lives in the household of the parents or of a parent during the course of vocational training. In these cases, the general requirement is 316 Euro per month. It amounts to 397 euros if the disabled person is married, leads a life partnership, or the 21. (4) An extension of the training beyond the intended training end, a repetition of the training in whole or in part or a renewed vocational training shall be promoted if the nature or severity of the disability is (5) Vocational training can also be encouraged if people with disabilities are not allowed to participate in the labour market.

1.

are not unemployed,

2.

have not been employed for three years as workers without a professional qualification, or

3.

require longer support than non-disabled persons or need to be renewed in order to participate or to participate in the working life.

School-based training courses are also eligible for further education.

Third Subsection
Special services

First Title
General

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Section 117 Principle

(1) The special benefits shall be replaced by general benefits, in particular for the promotion of initial and continuing vocational training, including vocational preparation, as well as for blind and comparable special basic training courses. if:

1.

The nature or severity of the disability or the safeguarding of the participation in the working life, participation in

a)

a measure in a special facility for disabled persons or

b)

any other measure geared to the special needs of disabled people

be essential, or

2.

the general services do not provide, or do not provide, the services required by reason of the nature or severity of the disability.

In special facilities for people with disabilities, training and further education outside the Vocational Training Act and the Craft Regulations can also be promoted. (2) Services in the entrance procedure and in the vocational training area of the workshops for Disabled people are provided according to § 40 of the ninth book. Unofficial table of contents

Section 118 Benefits

The special services shall include:

1.

the transitional allowance,

2.

the training allowance, if a transitional allowance cannot be paid,

3.

the acquisition of the participation costs for a measure.

The services may also be provided on request as part of a cross-carrier personal budget; § 17 (2) to (4) of the Ninth Book in conjunction with the Budget Regulation and § 159 of the Ninth Book shall apply accordingly.

Second Title
Transitional allowance and training allowance

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Section 119 Transitional allowance

Disabled persons shall be entitled to transitional allowance if:

1.

the condition of the pre-employment period for the transitional allowance is met, and

2.

they are involved in a vocational training measure, vocational preparation, including a basic training required because of the obstruction, the individual company qualification in the context of the employment support according to § 38a of the Ninth book or take part in a vocational training measure for which the special services are provided.

In addition, the provisions of Chapter 6 of Part 1 of the Ninth book shall apply unless otherwise specified in this Book. If, in the case of participation in a measure for which the general benefits are provided, no entitlement to unemployment benefit in the case of continuing vocational training, persons with disabilities shall receive transitional allowance in the amount of the unemployment benefit if they are Participation in a measure for which the special benefits are provided would be granted transitional allowance. Unofficial table of contents

Section 120 Pre-employment period for the transitional allowance

(1) The pre-employment period for the transitional allowance shall be fulfilled if the disabled person is within the last three years prior to the start of the participation

1.

has been subject to an insurance obligation for at least 12 months; or

2.

has fulfilled the conditions for entitlement to unemployment benefit and has applied for benefits.

(2) The period of three years shall not apply to disabled persons returning to work. It is extended by the duration of employment as a worker or employee abroad, which is useful and customary for the continued pursuit of the profession or promotion, but at the latest by two years. Unofficial table of contents

Section 121 Transitional allowance without pre-employment

A disabled person may also receive transitional allowance if the condition of the pre-employment period is not met, but within the last year before the start of the participation

1.

by the disabled person, a vocational training qualification has been obtained on the basis of an admission to the examination in accordance with Article 43 (2) of the Vocational Training Act or § 36 (2) of the Craft Regulations; or

2.

his certificate of examination on the basis of a legal regulation pursuant to § 50 (1) of the Vocational Training Act or § 40 (1) of the Craft Regulations to the certificate of the passing of the final examination in a law or order in accordance with the Vocational Training Act or the Handwerksordnung recognised vocational training occupation.

The period of one year shall be extended for periods during which the disabled person was registered at the Employment Agency after the purchase of the certificate. Unofficial table of contents

Section 122 Training allowance

(1) Disabled people are entitled to training allowance during

1.

vocational training or preparatory training, including basic training;

2.

Individual company qualification within the framework of support employment according to § 38a of the Ninth book and

3.

a measure in the entry procedure or vocational training area of a workshop for disabled people,

if transitional allowance cannot be paid. (2) The training allowance shall be subject to the rules on vocational training allowance in so far as nothing deviating from the provisions of the training allowance is determined in the following. Unofficial table of contents

Section 123 Requirements for vocational training

(1) The need for vocational training shall be based on:

1.

in the case of accommodation in the household of the parents or of a parent, 316 euro per month if the disabled person is unmarried or is not connected in a life partnership and the 21. It has not yet completed its life year, and EUR 397 per month,

2.

in the case of accommodation in a dormitory, boarding school, at the training centre or in a special facility for disabled persons, 104 euros per month if the costs of accommodation and catering are to be paid by the Agency for Work or another will be taken over,

3.

in the case of other accommodation and reimbursement of costs for accommodation and catering, 230 euros per month if the disabled person is unmarried or is not connected in a life partnership and the 21. It has not yet completed a year, with 265 euros per month,

4.

in the case of other accommodation without reimbursement of expenses for accommodation and catering of the requirements in each case according to § 13 (1) (1) of the Federal Education Promotion Act plus 149 euros per month for the accommodation; as far as rental costs for Accommodation and additional costs demonstrably exceed this amount, this demand is increased by up to 75 euros per month.

(2) For a disabled person, who is the 18. In the event of a non-completed life year, a requirement of EUR 316 per month shall be used instead of the requirement referred to in paragraph 1, point 4, if:

1.

it could reach the training centre from the home of the parents or of a parent in an appropriate period of time, or

2.

Benefits of youth assistance are provided in accordance with the Eighth Book, which are connected with other accommodation.

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Section 124 Demand for vocational training measures, support for employment and basic training

(1) In the case of preparatory vocational training measures, support for employment and basic training, the following needs shall be taken as a basis:

1.

in the case of accommodation in the household of the parents or of a parent of the requirements applicable in each case in accordance with Section 12 (1) (1) of the Federal Training Assistance Act,

2.

in the case of other accommodation outside a dorm or boarding school without reimbursement of expenses for accommodation and meals 391 euros per month; as far as rent costs for accommodation and incitation costs are demonstrably greater than 58 euros per month, increases this demand for up to 74 euros per month,

3.

in the case of other accommodation outside of a dorm or boarding house and reimbursement of costs for accommodation and meals 172 Euro per month.

(2) For a disabled person, who is the 18. If it is not yet completed, the requirement of EUR 204 per month shall be used instead of the requirement referred to in paragraph 1, point 2, if:

1.

it could reach the training centre from the home of the parents or of a parent in an appropriate period of time, or

2.

for him, the benefits of youth assistance are provided in accordance with the Eighth Book, which include the costs of accommodation.

(3) In the case of accommodation in a dormitory, a boarding school or in a special facility for disabled persons, it is necessary to lay down a requirement such as those in the case of vocational training. Unofficial table of contents

§ 125 Requirements for measures in recognised workshops for disabled people

As a need, measures in a workshop for people with disabilities are based on a monthly basis of EUR 63 per month and EUR 75 per month thereafter. Unofficial table of contents

Section 126 Income statement

(1) The income that a disabled person achieves during a measure in a recognised workshop for disabled people is not counted on the demand. (2) Invoice-free in the income statement is, moreover, the income

1.

the disabled person from orphans 'pensions, orphans' money or maintenance benefits of up to 242 euros per month,

2.

the parents up to EUR 2 909 per month, the widowed parent or, in the case of parents who live separately, the income of the parent with whom the disabled person lives, without taking into account the income of the other parent, up to EUR 1 813 per month and

3.

the spouse or spouse or the life partner up to EUR 1 813 per month.

Third Title
Cost of participation

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Section 127 Participation costs for measures

(1) Participation costs shall be determined in accordance with § § 33, 44, 53 and 54 of the ninth book. They also include other expenses which are unavoidable due to the nature and severity of the handicap, as well as costs for special cases of accommodation and catering. (2) The cost of participation in accordance with paragraph 1 may be incurred by expenses for the required Include service accompanying services during and following the action. Unofficial table of contents

Section 128 Special cases of accommodation and catering

If disabled people are accommodated at present, but not in a dormitory, a boarding school, a special facility for disabled people or at the training or the training centre with full food, an amount of 269 euros per month will be paid. plus the proven disability-related additional expenses.

Fourth Title
Order authorisation

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Section 129 Order authorisation

The Federal Agency shall be empowered to determine by order the details of the conditions, the nature, the scope and the performance of the services in accordance with the rules applicable to the other institutions of the service for participation in the working life.

Eighth section
Fixed-term benefits

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§ 130 (omitted)

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Section 131 (omitted)

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Section 131a Training promotion in small and medium-sized enterprises

By way of derogation from the conditions laid down in the first sentence of § 82, the number 1 of the first sentence may be the employee who is the 45. In the case of continuing vocational training, they have not yet completed their life year by taking over the further training costs in accordance with § 82, if:

1.

the employer bears at least 50 per cent of the training costs; and

2.

the measure begins before 31 December 2019.

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§ 131b Further training in the care of the elderly

By way of derogation from § 180 (4) sentence 1, the duration of a full-time measure of continuing vocational training in the care of the elderly, which starts in the period from 1 April 2013 to 31 March 2016, is appropriate even if it does not apply in accordance with the geriatric care law by at least a third. In this respect, Section 180 (4) sentence 2 shall not apply. Unofficial table of contents

§ 132 (omitted)

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§ 133 Season-Short-time allowance and supplementary services in the scaffold-building trade

(1) In establishments in the framework of scaffold construction (Section 1 (3) (1) of the Construction Regulation), benefits shall be provided by 31 March 2018 in accordance with § § 101 and 102 in accordance with the following regulations. (2) The bad weather period shall begin on 1 November 2018 and end on 31 March. (3) Supplementary services pursuant to § 102 (2) and (4) shall be provided exclusively for the avoidance or bridging of weather-related work outages. Grant-Winter money is paid in the amount of 1.03 Euro per hour of outage. (4) Claim on grant-Winter money according to § 102 (2) also have employees who are in advance in order to avoid weather-related work outages , which replaces the remuneration in the event of a weather-related loss of work in the bad weather period for at least 120 hours, is in an appropriate amount in relation to the seasonal short-time allowance and is replaced by collective agreement, operating agreement or The employment contract is regulated. The entitlement to a grant-winter allowance shall be made for periods of payment of the advance, if it is lower than the salary obtained without the weather-related loss of work. Unofficial table of contents

Section 134 Success-dependent flat rate for transfer measures

In the case of transfer measures pursuant to § 110, which are completed by 31 December 2014, an income-dependent flat-rate fee for the transfer from a transfer measure to an insurance-subject shall also be deemed to be the cost of the measure according to § 110 (2). Employment, which persists for more than six months. If an employment-related employment is continued in a unit according to § 111, the payment of the lump sum shall be excluded. The lump sum may not exceed the amount of EUR 1 000 and paid only once per subsidised employee or employee. Unofficial table of contents

§ 135 Protesting of innovative approaches

(1) The central office of the Federal Agency may use up to one per cent of the means contained in the classification title in order to test innovative approaches to active employment promotion. The individual projects may not exceed the maximum amount of EUR 2 million per annum and a maximum duration of 24 months. The scheme applies to subsidies that have started until 31 December 2016. (2) The implementation and impact of the projects are to be observed and evaluated. A report shall be submitted to the Management Board on the basis of the results of the projects. At the beginning of each year, the Federal Agency shall send an overview of the current projects to the Board of Directors.

Fourth chapter
Unemployment benefit and insolvency allowance

First section
Unemployment benefit

First subsection
Rule requirements

Unofficial table of contents

Section 136 entitlement to unemployment benefit

(1) Employees are entitled to unemployment benefit

1.

unemployment, or

2.

in continuing vocational training.

(2) Anyone who has completed the life year required for the standard retirement pension in the sense of the sixth book shall not be entitled to unemployment benefit from the beginning of the following month. Unofficial table of contents

Section 137 Conditions of eligibility for unemployment

(1) is entitled to unemployment benefit in the event of unemployment;

1.

who is unemployed,

2.

are reported to the Agency for work, and

3.

has met the wait-and-see period.

(2) Up to the decision on the claim, the applicant may determine that the claim should not be made or should arise at a later date. Unofficial table of contents

§ 138 Unemployment

(1) unemployed persons are those who are employees or employees; and

1.

is not in an employment relationship (unemployment),

2.

endeavour to put an end to their own unemployment (own efforts), and

3.

the agency's mediation efforts are available for work (availability).

(2) A voluntary activity does not exclude unemployment if it does not affect the occupational integration of the unemployed person or unemployed person. (3) The exercise of employment, self-employment, activity as a helping hand Family members or family members (gainful employment) do not exclude unemployment if the working or working time (working time) includes less than 15 hours per week; occasional deviations from low duration shall not be taken into account. The working hours of several gainful activities are combined. (4) As part of its own efforts, the unemployed person or the unemployed person has all the opportunities to make use of occupational integration. These include in particular:

1.

the fulfilment of the obligations arising out of the inclusion agreement;

2.

Participation in the mediation by third parties and

3.

the use of the Agency's self-information facilities for work.

(5) The mediation efforts of the Agency for Work shall be available to:

1.

an insured person subject to insurance, at least 15 hours a week, can and may exercise reasonable employment under the normal conditions of the labour market which it or she is eligible for;

2.

the Agency's proposals for work on occupational integration can be carried out in a timely and local way,

3.

is willing to accept and exercise any employment within the meaning of point 1, and

4.

is prepared to take part in occupational integration measures in the labour market.

Unofficial table of contents

Section 139 Special cases of availability

(1) If a person entitled to benefits takes part in a measure pursuant to section 45 or in a career or work experience within the meaning of the right of professional rehabilitation, it shall temporarily contribute to the prevention or disposal of public Emergency services, which are not based on an employment relationship, shall carry out a free work within the meaning of Article 293 (1) of the Introductory Act to the Penal Code or on the basis of an order in the way of a mercy, or shall provide them with non-profit-making Benefits or benefits in accordance with the provisions of Article 293 (3) of the Introductory Act (2) In the case of pupils, students or students of a school, university or other educational institution, this does not preclude the availability of such rules. (2) is presumed to have only insurance-free employment. The presumption is refuted if the student, the student, the student, or the student states, and shows that the course of training requires the exercise of an insurance subject to an insurance, at least 15 hours a week, (3) If a person entitled to benefits is involved in a vocational training measure, for which the conditions under § 81 do not apply. , this does not preclude availability if:

1.

the Agency for the Work of Participation agrees and

2.

the person entitled to benefits declares that he is willing to cancel the measure as soon as a professional integration is considered and, to that end, has agreed the possibility of terminating the measure with the institution of the measure.

(4) If the person entitled to benefit is only willing to exercise part-time employment, this does not preclude availability if the willingness to work extends to part-time employment which is subject to insurance, at least 15 hours per week and correspond to the usual conditions of the labour market which is eligible for them. A restriction on part-time employment on the occasion of a specific offer of work or measures is not permitted. The restriction on homework does not exclude the availability if the qualifying period has been met by an employment as a home worker or a home worker and the person entitled to work is willing and able to do home work under the normal conditions on the labour market which they are eligible for. Unofficial table of contents

Section 140 Reasonable employment

(1) An unemployed person is reasonable for all employment related to their employability, in so far as general or personal reasons do not conflict with the reasonableness of employment. (2) For general reasons, a Employment of an unemployed person, in particular, cannot be reasonably expected to be employed if the employment is against statutory, tariff or operating arrangements relating to working conditions or to provisions relating to employment protection (3) For personal reasons, an employment of a the unemployed person, in particular, is not reasonable if the wage which can be obtained from it is considerably lower than that of the unemployment allowance. In the first three months of unemployment, a reduction of more than 20 percent and in the following three months by more than 30 percent of this work pay is not reasonable. From the seventh month of unemployment, an unemployed person cannot be expected to be employed only if the net income which can be obtained from it is lower, taking into account the expenditure related to employment. as the unemployment benefit. (4) For personal reasons, an unemployed person is also unreasonable if the daily commuting times between her home and the workplace are disproportionate compared to working hours long. In the event of a disproportionate length of time, commuting times of more than two-and-a-half hours should normally be considered for a working time of more than six hours and for commuting periods of more than two hours for a working time of six hours and less. If longer commuting times are common in a region of comparable employees, they form the benchmark. A move to take up employment outside the reasonable pendulant area is reasonable for an unemployed person if it is not to be expected that, within the first three months of unemployment, they will be employed within the framework of the to be able to accept pendulable pendulas. From the fourth month of unemployment to an unemployed person, a move to take up employment outside of the reasonable pendulant area is usually reasonable. Sentences 4 and 5 shall not be applied if there is an important reason to oppose the move. An important reason may arise, in particular, from family ties. (5) Employment is not already unreasonable because it is temporary, temporarily requires separate financial management, or is not a circle of Employment for which the employee is trained or who has been or has been on the job so far. Unofficial table of contents

Section 141 Personal Working Release

(1) The unemployed person or unemployed person has to report himself to the relevant employment agency unemployed. A report is also admissible if unemployment has not yet occurred, but the onset of unemployment is to be expected within the next three months. (2) The effect of the report shall be dissent

1.

in the case of a more than six-week break in unemployment,

2.

with the inclusion of employment, self-employment, activity as family member or family member, if the unemployed person or the unemployed person has not communicated the work to the Agency without delay.

(3) Where the competent Agency for Work is not ready to work on the first day of unemployment of the unemployed person or unemployed person, a personal report shall be returned to the day on which the Agency is ready to work on the following day, on the date of: that the Agency was not ready for work. Unofficial table of contents

Section 142 Anwaiting period

(1) The waiting period has fulfilled who has been in an insurance obligation relationship for at least twelve months in the frame period (§ 143). Periods prior to the date on which entitlement to unemployment benefit have been granted on account of the entry of a blocking period shall not be used for the purpose of fulfilling the period of application. (2) For unemployed persons who do not fulfil the period referred to in paragraph 1, and demonstrate and demonstrate that

1.

the period of employment completed within the framework period is the predominance of employees subject to insurance obligations which are not more than 10 weeks in advance by the employment contract, and which are temporary or limited in time; and

2.

the remuneration received in the last twelve months before unemployment does not exceed the relevant reference quantity as determined at the time of the formation of the claim in accordance with Article 18 (1) of the Fourth Book,

shall be valid until 31 December 2015 for a period of six months for the period of the application. Article 27 (3) (1) shall remain unaffected. Unofficial table of contents

Section 143 Framework

(1) The framework period shall be two years and shall begin on the day before the fulfilment of all other conditions for entitlement to unemployment benefits. (2) The framework period shall not extend into a previous framework period in which the Unemployed persons had fulfilled a qualifying period. (3) The frame period does not include periods during which the unemployed person or unemployed person has received transitional allowance from a rehabilitation carrier on the grounds of a job-promoting measure. In this case, the frame period shall end no later than five years after its commencement. Unofficial table of contents

§ 144 Claims requirements for continuing vocational training

(1) entitlement to unemployment benefits shall also have the effect of not fulfilling the conditions for entitlement to unemployment benefit in the case of unemployment solely on account of a continuing vocational training which is supported in accordance with § 81. (2) In the case of a worker or a worker Workers who have not been unemployed prior to entry into the measure shall be deemed to have met the conditions of entitlement to unemployment benefit in the event of unemployment, if they or he

1.

in the event of entry into the measure, a claim to unemployment benefit in the event of unemployment which has not been exhausted, or has not been paid, or

2.

in the case of unemployment on the date of entry into the measure of continuing vocational training, the date of entry into the measure shall be deemed to be the date of the personal declaration of unemployment.

Second subsection
Special forms of unemployment benefit

Unofficial table of contents

§ 145 Reduction of performance

(1) entitlement to unemployment benefit also has a person who is not unemployed on its own, because she has a minimum of 15 hours per week, due to a reduction in the performance of his/her performance, which is more than six months in duration. Employment cannot be carried out under the conditions which are common on the labour market which is eligible for them, without taking into account the reduction in efficiency, where there is a reduced ability to work in the sense of the law Pension insurance has not been established. The competent institution of the statutory pension insurance shall determine whether a reduced earning capacity is available. If, due to health restrictions, the performance-impaired person is not personally able to report himself unemployed, the notification may be made by a representative or a representative. The performance-impaired person shall immediately register himself with the Agency for work as soon as the reason for the prevention is eliminated. (2) The Agency for Work shall immediately call upon the performance-impaired person to within one month to submit an application for medical rehabilitation or participation in work life. If the application is submitted within the prescribed period, it shall be deemed to have been lodged at the time of the application for unemployment benefit. If the person performing the performance does not submit the application, the right to unemployment benefits shall be paid from the day after the end of the period up to the day on which they apply for benefits for medical rehabilitation or participation in the working life, or a request for a pension due to a reduction in employment. If the performance-reduced person does not comply with the obligation to cooperate with the institution of medical rehabilitation or participation in the working life, the right to unemployment benefits shall be paid from the day after the participation has been left to on the date on which the participation is sought. Sentence 4 shall apply mutagenically if the performance-impaired person prevents the determination of the reduction in employment by means of their behaviour. (3) If the performance-impaired person is to be paid by a institution of the statutory pension insurance scheme for a measure relating to the Rehabilitation Transitional allowance or a pension due to a reduction in employment is granted, the Federal Agency is entitled to a refund in accordance with § 103 of the Tenth Book. If the institution of the statutory pension insurance has paid benefits under the first sentence with a liberating effect to the performance-impaired person or a third party, the recipient of the unemployment benefit shall reimburse the unemployment benefit to the extent that he has received the benefits. Unofficial table of contents

Section 146 Performance forpayment in case of incapacity for work

(1) Those who are incapaciably incapaciated during the receipt of unemployment benefit as a result of illness or are hospitalised at the expense of the sickness insurance fund during the course of the receipt of unemployment benefit shall not thereby lose the right to unemployment benefit for the period of incapacity for work or in-patient treatment with a duration of up to six weeks (performance payment). In the sense of the first sentence, there is also an incapacity for work which occurs as a result of a sterilization required by illness by a doctor or a doctor or as a result of a non-unlawful abortion of the pregnancy. The same applies to termination of pregnancy if the pregnancy is discontinued within 12 weeks of conception by a doctor or a doctor who requires the withdrawal of pregnancy and the doctor or the doctor by means of a doctor or doctor. a certificate has shown that it has been advised by a recognised counseling body at least three days before the intervention. (2) A payment of benefits shall also be made in the case of supervision, which is required by medical certificate, Care for or caring for a sick child of the unemployed person with a Duration of up to 10 days, in the case of single-parent unemployed persons with a duration of up to 20 days for each child in each calendar year, if another person living in the household of the unemployed person or the unemployed person cannot take over this task and the Child the twelfth year of life has not yet completed or disabled and is dependent on help. However, unemployment benefit is paid for not more than 25 days, for single-parent unemployed persons for no more than 50 days in each calendar year. (3) The provisions of the Fifth Book, which are the subject of an employer's payment of the amount of the employee's pay. in the case of illness and in the case of payment of sickness benefit in the case of a child's illness, shall apply accordingly.

Third Subsection
Duration

Unofficial table of contents

Section 147 Principle

(1) The duration of the entitlement to unemployment benefit shall be determined by:

1.

the duration of the insurance obligations within the three-year framework period and

2.

the age of life which the unemployed person or the unemployed person has completed in the course of the birth of the claim.

The provisions of the First Subsection on the exclusion of periods in the fulfilment of the period of application and on the limitation of the frame period by a previous framework period shall apply. (2) The duration of the right to unemployment benefit is

according to insurance obligations with a duration of at least ... Months and after completion of the ... Life Year ... Months

12		6
16		8
20		10
24		12
30	50.	15
36	55.	18
48	58.	24

(3) In the event of fulfilment of the period of application in accordance with Section 142 (2), the duration of the entitlement to unemployment benefits shall be independent of the age of life.

according to insurance obligations with a duration of at least ... Months ... Months

6	3
8	4
10	5

By way of derogation from paragraph 1, only the conditions of insurance obligations shall be taken into account within the framework period of § 143. (4) The duration of the claim shall be extended by the remaining time of the claim granted on the basis of the creation of a new claim, if not five years after the birth of the expired claim, it shall be extended to the maximum of the maximum period allocated to the age of the unemployed person or unemployed person. Unofficial table of contents

§ 148 Reduction of the duration of the claims

(1) The duration of the entitlement to unemployment benefit shall be reduced by

1.

the number of days for which entitlement to unemployment benefit has been met in the event of unemployment,

2.

one day each for two days for which entitlement to partial unemployment benefit has been fulfilled within the last two years prior to the creation of the claim,

3.

the number of days of a lock-up period on the basis of working abiding, insufficient self-efforts, refusal or termination of a professional integration measure, reporting failure or late work search report,

4.

the number of days of a blocking period on the basis of a job; in the case of a period of 12 weeks at least, however, at least one quarter of the duration of the period of entitlement to be met by the unemployed person or the unemployed in the event of the initial fulfilment of the conditions for entitlement to Unemployment benefit after the event, which is the reason for the blocking period, is available,

5.

the number of days for which the unemployed person or unemployed person has been deprived of or withdrawn from unemployment benefit due to lack of participation (§ 66 of the First Book),

6.

the number of days of unemployment following the fulfilment of the conditions for entitlement to unemployment benefits in which the unemployed person or unemployed person is not willing to work without having an important reason to conduct his or her conduct,

7.

one day for two days each, for which entitlement to unemployment benefit in the case of continuing vocational training has been fulfilled in accordance with this book,

8.

the number of days for which a start-up grant has been made at the level of the most recent unemployment benefit.

(2) In the cases referred to in points 5 and 6 of paragraph 1, the duration of the entitlement to unemployment benefit shall be reduced by no more than four weeks. In the cases referred to in points (3) and (4) of paragraph 1, the reduction in blocking periods shall not apply in the event of a vocational integration measure or task being terminated if the event which establishes the blocking period is fulfilled in the event of compliance with the conditions for the Entitlement to unemployment benefit for more than one year. In the cases referred to in point 7 of paragraph 1, a reduction shall be maintained in so far as this results in a duration of claims of less than one month. If a new claim arose, the reduction only extends to the remaining duration of the erlotted claim (§ 147 (4)).

Fourth subsection
Level of unemployment benefit

Unofficial table of contents

Section 149 Principle

The unemployment benefit is

1.

for the unemployed who have at least one child within the meaning of Article 32 (1), (3) to (5) of the Income Tax Act, and for unemployed persons whose spouse, spouse, life partner or life partner is at least one child within the meaning of Article 32 (1), (3) to (5) of the Income Tax Act, if both spouses or life partners are subject to an unlimited income tax and are not permanently separated, 67 percent (increased benefit),

2.

for the remaining unemployed 60 per cent (general rate of benefit)

the flat-rate net remuneration (performance charge) resulting from the gross charge which the unemployed person or unemployed persons have achieved during the assessment period (charge charge). Unofficial table of contents

§ 150 Design period and design framework

(1) The period of assessment shall include the periods of payment of the insurance subject to be paid in the assessment framework, as a result of the termination of the respective employment relationship. The assessment framework covers one year; it ends with the last day of the last insurance obligation before the birth of the claim. (2) The calculation of the assessment period shall not be taken into consideration.

1.

Periods of employment, in addition to the transitional allowance, has been provided for the benefit of participation in the working life, the partial transitional allowance or the partial unemployment benefit,

2.

Periods of employment as a volunteer or volunteer within the meaning of the Youth Voluntary Service Act or the Federal Voluntary Service Act, if the contributor to the contributor is determined in accordance with § 344 (2),

3.

Periods in which the unemployed have not received parental allowance or parental allowance, or have not taken care of their income, or who have cared for and raised a child under three years of age, when the child is cared for and educating the child pay, or average weekly working time,

4.

Periods in which unemployed persons have taken up a period of care in accordance with the first sentence of Article 3 (1) of the nursing-time law, as well as periods of a family care period or after-care period according to the Family Care Time Act, if the salary is due to the care of the unemployed. or the average weekly working time; in this respect, Section 151 (3) (2) does not apply,

5.

Periods in which the average regular weekly working time on the basis of a part-time agreement is not only temporary to less than 80 per cent of the average regular working time of a comparable full-time job, was reduced by at least five hours a week, when the unemployed person or unemployed persons are engaged in employment with a higher working time within the last three and a half years prior to the birth of the claim during a six-month period of the related period.

The first subparagraph of point 5 shall not apply in the case of a part-time agreement under the old-age part-time law, unless the employment relationship has been terminated because of the insolvency of the employer. (3) The assessment framework shall be extended to two years, if

1.

the assessment period includes less than 150 days with entitlement to pay,

2.

in the cases referred to in Article 142 (2) of the assessment period, less than 90 days with entitlement to pay, or

3.

it would be uncheaply hard to start from the tax charge in the design period, in view of the charge in the extended assessment framework.

The first subparagraph of paragraph 3 shall apply only if the unemployed person or unemployed person so requests and presents the necessary documents for the assessment. Unofficial table of contents

Section 151 Tax charge

(1) The rate of assessment shall be the average amount of the contributory pay which the unemployed person or unemployed person has achieved during the assessment period. Employment charges to which the unemployed person or unemployed persons were entitled to leave the employment relationship shall be deemed to have been obtained if they have been received or are not received only for the insolvency of their employer. (2) Labour charges remain,

1.

the unemployed have been received by reason of termination of the employment relationship or have been agreed with a view to unemployment,

2.

which are not used as the value credit of an agreement under Section 7b of the Fourth Book under this Agreement.

(3) On the basis of remuneration, the following shall be used:

1.

in the case of periods in which unemployed short-time workers or a contractually agreed benefit have been paid in order to avoid the use of seasonal short-time work, the pay, the unemployed person without the loss of work and without any additional work would have achieved

2.

at the time of an agreement in accordance with § 7b of the Fourth Book, the remuneration of the unemployed person for the hours worked without an agreement pursuant to § 7b of the Fourth Book; for periods of exemption, the salary obtained.

(4) If unemployed persons have received unemployment benefit within the last two years prior to the birth of the claim, the charge shall be at least the payment after which the unemployment benefit has been last calculated. (5) Is the unemployed person or unemployed person No longer willing or able to afford the average number of hours of work during the assessment period, the rate of assessment for the period of limitation shall be reduced in accordance with the ratio of the number of working hours. average regular weekly working hours, which are the In the future, the unemployed will or may be able to afford to the number of working hours per week on average over the period of assessment. Restrictions on the performance of the benefits are not taken into account when unemployment benefits are paid in accordance with § 145. If the tax rate is determined in accordance with § 152, the regular weekly working time, which applies to employees in the public service of the Federal Republic of Germany, shall be the decisive factor in this respect. Unofficial table of contents

§ 152 Fiktive dimensioning

(1) If a tax period of at least 150 days with entitlement to pay is not established within the two-year extended assessment framework, a fictitious remuneration is to be used as the basis for the assessment. In the cases referred to in § 142 (2), the first sentence shall apply, on condition that a period of assessment of at least 90 days cannot be established. (2) The person or unemployed of the qualification group shall be entitled to determine the fictitious amount of work. , which corresponds to the professional qualification required for employment, to which the Agency for Work has to cover the mediation efforts for the unemployed or the unemployed in the first place. In this context, it is necessary to lay down the basis for employment which

1.

require higher education or technical college education (qualification group 1), pay a working fee of one-three-hundredths of the reference size,

2.

A professional school leaving certificate, proof of a completed qualification as master or master, or a degree in a comparable institution (qualification group 2), a pay in the amount of one qualification group Three-hundred-sixtieth of the reference size,

3.

require completed training in a training occupation (qualification group 3), pay a salary of one four-hundred-fiftieth of the reference size,

4.

do not require training (qualification group 4), pay a salary of a six-hundredth of the reference size.

Unofficial table of contents

Section 153 Performance remuneration

(1) Performance fee is the reduced tax charge for flat-rate deductions. Deductions are

1.

a social insurance fee of 21 percent of the amount of the tax,

2.

the payroll tax, which is based on the programme schedule of the programme, announced by the Federal Ministry of Finance on the basis of Section 51 (4) (1a) of the Income Tax Act, in the light of the precautionary flat rate in accordance with § 39b (2) sentence 5, point 3 Point (a) to (c) of the Income Tax Act at the beginning of the year in which the claim arose, and

3.

the solidarity surcharge.

For the calculation of the deductions as set out in the second sentence of the second sentence, the

1.

not to take account of allowances and flat-rate packages which are not available to any worker or worker; and

2.

the factor as defined as a wage tax deduction in accordance with § 39f of the Income Tax Act.

For the determination of the payroll tax, the precautionary flat rate shall be taken into account with the following measures:

1.

for contributions to the pension insurance as a ceiling for the contribution of the Federal Republic of Germany, the assessment limit applicable to the Federal Republic of West Germany,

2.

in the case of contributions to sickness insurance, the reduced contribution rate in accordance with § 243 of the Fifth Book,

3.

For contributions to the nursing care insurance, the contribution rate of § 55 (1) sentence 1 of the Eleventh Book.

(2) The determination of the payroll tax is based on the payroll class, which was formed at the beginning of the year in which the claim was made, as a wage tax deduction. Subsequent changes to the payroll class as a wage tax deduction will be taken into account with effect of the day on which for the first time the conditions for the change were available. (3) If spouses or life partners have the wage tax classes shall be taken into account from the date on which they become effective, as a result of the deduction of the wage tax deductible, from the date on which they become effective, if:

1.

the new wage tax classes correspond to the ratio of the monthly earnings of both spouses or life partners, or

2.

the new wage control classes give an unemployment benefit, which is lower than the unemployment benefit, which would be without the change of the wage tax classes.

In the case of the examination in accordance with the first sentence, the factor is to be taken into account in accordance with § 39f of the Income Tax Act; a failure of the remuneration of the remuneration, which establishes the right to a wage-tax-free compensation for remuneration, shall remain in the assessment of the relationship of the monthly labour charges. Unofficial table of contents

Section 154 Calculation and performance

The unemployment benefit is calculated and made for calendar days. If it is to be paid for a full calendar month, it is to be set at 30 days.

Fifth Subsection
Reduction of the unemployment benefit, overlapping of entitlement to other income and the rest of the claim

Unofficial table of contents

Section 155 Invoice of secondary income

(1) The unemployed person or unemployed person during a period for which he or she is entitled to receive unemployment benefit is entitled to an activity within the meaning of Article 138 (3), the resulting income shall be deducted after deduction of taxes, social security contributions and the income Advertising costs as well as a free amount of 165 euros in the calendar month of exercise. In the case of a self-employed activity, an activity as a family member or family member, a flat rate of 30% of the operating income shall be deducted as operating expenditure, unless the unemployed person or the unemployed person is unemployed. Has higher operating expenditure. (2) In the last 18 months before the birth of the claim, the unemployed person or the unemployed person exercised an employment (§ 138 (3)) for at least 12 months in addition to an insurance duty ratio, according to the income remains free of charge up to the amount that has been paid in the last twelve months Months prior to the formation of the right to work (§ 138 (3)) on average to the month, but at least an amount equal to the amount of the free amount to be paid under paragraph 1. (3) Benefits which are a relationship between the two or a beneficiary of unemployment benefit in continuing vocational training

1.

by the employer or by the institution of continuing training because of the participation or

2.

on the basis of an earlier or existing employment relationship without the exercise of employment for the time of participation

, after deduction of taxes, of the proportion of social security contributions paid to employees or employees, and of a free amount of EUR 400 per month, they are credited to unemployment benefit. Unofficial table of contents

Section 156 Ruhen of entitlement to other social benefits

(1) The entitlement to unemployment benefit shall rest during the period for which entitlement to one of the following benefits shall be awarded:

1.

Vocational training allowance for the unemployed,

2.

Sickness benefit, health care allowance, injury benefit, maternity benefit or transitional allowance under this or any other law which is based on a benefit for participation in respect of which full-time work is not carried out;

3.

Pension due to full employment reduction from statutory pension insurance, or

4.

Old-age pension from statutory pension insurance or pension compensation or similar services of a public service type.

However, if the unemployed person is entitled to a pension due to a partial reduction in employment, however, it may not be able to exploit the remaining power of the pension under the usual conditions of the general labour market, the Agency shall have the following: To immediately ask the unemployed or the unemployed to submit a request for a pension for full employment reduction within one month. If the application is not filed, the right to unemployment benefits shall be based on the day after the expiry of the period until the date on which the application is made. (2) By way of derogation from paragraph 1, the right to unemployment benefits shall be subject to the following:

1.

in the case of point 2, if there is entitlement to injury and unemployment benefit in accordance with section 146 for the same period,

2.

in the case of point 3, from the beginning of the current payment of the pension, and

3.

in the case of point 4

a)

by the end of the third calendar month following the fulfilment of the conditions for entitlement to unemployment benefit if the unemployed person or the unemployed person has received a partial pension or a similar employment for the last six months of an employment subject to insurance Public service is granted in the public sector,

b)

only up to the level of the performance awarded, if the performance is also granted during employment and without regard to the amount of the pay.

In the case of the first sentence of sentence 1, Section 145 (3) shall apply. (3) Paragraphs 1 and 2 shall also apply to a comparable entitlement to a different social benefit granted by a foreign institution. (4) The right to unemployment benefit shall also be granted during the period during which the unemployed person or unemployed person receives early retirement benefits or a comparable performance of the employer, at least 65% of the amount paid, on account of her or his leaving from the working life. Unofficial table of contents

Section 157 Ruhen of entitlement to pay and leave of absence

(1) The entitlement to unemployment benefit shall be based on the period during which the unemployed person or the unemployed person is entitled to pay or claim to be unemployed. (2) If the unemployed person or unemployed person has received a leave of absence for leave due to termination of the employment relationship, or to The entitlement to unemployment benefits for the period of the golden holiday rests. The period of glory begins with the end of the employment relationship which is based on the holiday break. (3) Insofar as the unemployed person or unemployed persons are actually entitled to the benefits referred to in paragraphs 1 and 2 (remuneration in the sense of § 115 of the Tenth Book) , the unemployment benefit will also be paid for the period in which entitlement to unemployment benefits is paid. Where the employer has paid the benefits referred to in paragraphs 1 and 2 to the unemployed, the unemployed person or to a third person, in spite of the transfer of rights with a liberating effect, the employer shall have the benefit of the unemployed person or the unemployed person. to this extent. Unofficial table of contents

§ 158 Ruhen of entitlement in case of dismissal compensation

(1) If the unemployed person or unemployed person has received or claimed compensation for termination of the employment relationship, compensation or similar benefit (compensation for dismissal), the employment relationship shall be without compliance with any of the following: the right to unemployment benefit from the end of the employment relationship until the day on which the employment relationship would have ended in the event of compliance with that period shall be terminated. This period begins with the dismissal which preceded the termination of the employment relationship, in the absence of such termination with the date of the agreement on termination of the employment relationship. If the employer excludes the ordinary termination of the employment relationship, the following shall apply:

1.

a period of exclusion of 18 months, which is not limited to a period of notice,

2.

the time-limited exclusion or the existence of the conditions for a notice of termination within the time limit for important reason the notice period which would have been decisive without the conclusion of the ordinary termination.

If the employee can be dismissed only when paying a dismissal compensation, a notice period of one year shall be deemed to be a period of notice. If the unemployed person or the unemployed person has also received or claimed a leave of absence (§ 157 (2)), the period of glory after the first sentence is extended by the period of the golden holiday. Benefits provided by the employer to an unemployed person whose employment relationship is at the earliest with the completion of the 55. In the event of an end of life, directly for their pension insurance pursuant to § 187a (1) of the Sixth Book, disregard shall be given. Sentence 6 shall apply in accordance with the employer's contributions to an occupational pension scheme. (2) The entitlement to unemployment benefit shall be paid in accordance with paragraph 1 at the latest one year. It doesn't rest beyond the day,

1.

up to which the unemployed person or the unemployed person shall, in the case of further payment of the remuneration earned during the last period of employment, pay an amount equal to 60% of the dismissal allowance to be taken into account in accordance with paragraph 1 as to earn pay,

2.

where the employment relationship would have ended as a result of a period of limitation which existed irrespective of the agreement on termination of the employment relationship, or

3.

where the employer could have terminated the employment relationship for good reason without having to comply with a notice period.

The share of the dismissal allowance to be taken into account in accordance with the second sentence of point 1 shall be reduced for both five years of the employment relationship in the same establishment or undertaking and five years after the completion of the 35 years of employment. 5 per cent per year of life; it shall not be less than 25 per cent of the dismissal allowance to be taken into account in accordance with paragraph 1. The last period of employment shall be the pay-off periods of the last twelve months calculated on the date of departure from the employment relationship; § 150 (2), first sentence, point 3 and paragraph 3 shall apply accordingly. Reductions in working hours due to illness, short-time work, loss of work or work failure are not considered. (3) The unemployed person or unemployed person has to pay due to termination of the employment relationship while maintaining the employment relationship. (4) Insofar as the unemployed person or the unemployed person does not receive the compensation for redundancy (remuneration in the sense of § 115 of the Tenth Book), the person who is unemployed shall be entitled to Unemployment benefits shall also be paid for the period in which the right to Unemployment benefit rests. If, in spite of the transfer of rights with a liberating effect, the pledge paid to the unemployed, the unemployed person, or to a third person, the person who has received the allowance has to pay the unemployment allowance to the unemployed person, the unemployed person or the third person. . Unofficial table of contents

§ 159 Ruhen at lock-time

(1) If the employee has been in breach of insurance without having an important reason to do so, the claim for the duration of a blocking period shall be based on the claim. Anti-insurance behaviour is available if:

1.

the unemployed person or the unemployed person has solved the employment relationship or gave rise to a solution to the employment relationship by means of a conduct contrary to the contract of employment and thereby deliberately or grossly negligently induced unemployment (lock time for work task),

2.

(§ 38 (1)) or the unemployed person, despite information on the legal consequences, offered by the Agency for work under the name of the employer and the nature of the work. Employment does not take on or does not accede or the initiation of such an employment relationship, in particular the creation of a job interview, is prevented by its behaviour (blocking period in the case of working-up),

3.

the unemployed person or the unemployed person, despite having been given the legal consequences, does not follow up on the self-efforts required by the Agency for work (blocking time in case of insufficient self-efforts),

4.

the unemployed person refuses to take part in a measure of activation and occupational integration (§ 45) or a vocational training or training measure or a measure of participation in the labour market, despite the fact that the unemployed person is to take part in working life (blocking time if a vocational integration measure is rejected),

5.

the unemployed person or the unemployed person shall cancel the participation in a measure referred to in point 4 or give rise to exclusion from any of those measures by means of anti-measure behaviour (blocking period in the event of an interruption of a vocational integration measure),

6.

the unemployed person or the unemployed person of a request from the Agency for Work, to be notified or to appear on a medical or psychological examination date (§ 309), despite the fact that the legal consequences have not been complied with or has not been complied with. (blocking time for reporting failure),

7.

the unemployed person or the unemployed person has not complied with the reporting obligation pursuant to section 38 (1) (blocking time in the case of a late work search report).

The person who has been in breach of insurance has to present and prove the facts which are relevant for the assessment of an important reason, if these facts are in their sphere or in their area of responsibility. (2) The Lock time begins with the day after the event that establishes the lock time, or, if this tag falls into a lock time, with the end of this lock time. If a number of blocking periods are justified by the same event, they shall follow each other in the order in the second sentence of the second sentence of paragraph 1 to 7. (3) The duration of the lock-up period in the case of work shall be twelve weeks. It is shortened

1.

to three weeks if the employment relationship would have ended without a blocking period within six weeks after the event, which established the blocking period,

2.

to six weeks, if

a)

the employment relationship would have ended without a blocking period within twelve weeks after the event which justified the blocking period, or

b)

a period of 12 weeks for the unemployed person would be of particular hardship in accordance with the facts which govern the occurrence of the blocking period.

(4) The duration of the blocking period in the case of a working rejection, refusal of a vocational integration measure or termination of a professional integration measure

1.

in the case of the first-time non-insurance conduct of that kind, three weeks,

2.

in the case of the second non-insurance conduct of that kind, six weeks,

3.

in the other cases twelve weeks.

In the case of work revocation or rejection of a vocational integration measure after the notification of early work search (§ 38 (1)) in the context of the birth of the claim, sentence 1 shall apply mutagentily. (5) The duration of a blocking period in case of insufficient self-efforts, two weeks. (6) The duration of a blocking period in case of a reporting failure or in the case of late work search reporting is one week. Unofficial table of contents

§ 160 Ruhen in the case of industrial disputes

(1) The benefit of unemployment benefit must not be taken into account in labour disputes. There is no intervention in the labour dispute if unemployment benefit is paid to the unemployed, who were last employed in a holding which is not classified as the professional scope of the contested collective agreement. (2) Employee or employee has become unemployed by taking part in a domestic labour dispute, the right to unemployment benefits is to be paid up to the end of the labour dispute. (3) If the worker is a worker, he or she shall be entitled to unemployment benefits. Domestic work struggle has become unemployed, without participating in the labour dispute , the right to unemployment benefit until the end of the labour dispute rests only if the holding in which the unemployed person or the unemployed person was last employed was

1.

the geographical and professional scope of the contested collective agreement, or

2.

is to be attributed to the territorial scope of the contested collective agreement and to the territorial scope of the collective agreement to which the operation is to be assigned,

a)

a request has been made which is the same as a main requirement of the industrial action, without having to agree with it; and

b)

the result of the work is essentially taken over in the territorial scope of the non-contested collective agreement.

A claim shall be made if it has been decided by the body appointed for the decision or if it is to be considered as decided on the basis of the conduct of the party to the collective bargaining party in connection with the desired conclusion of the collective agreement. The right to unemployment benefit shall be based on the first sentence only if the conditions of employment which have been contested or called for are applied to, or applied to, the worker after the conclusion of a corresponding collective agreement for the worker or the worker (4) If, in the case of a working struggle, the resting of the claim under paragraph 3 is exceptionally unjustified for a particular group of unemployed persons, the Board of Directors may decide that unemployment benefit should be paid to them. (5) to determine whether the conditions laid down in the first sentence of paragraph 3 (2) (a) and (b) are met, meets the Neutrality Committee (§ 380). Prior to his decision, he has the opportunity to give an opinion to the professional organizations of the collective bargaining parties involved in the industrial dispute. (6) The specialist associations of the parties to the labour dispute parties to the labour dispute can, by means of legal action, Repeal the decision of the neutrality committee referred to in paragraph 5 and seek a different finding. The lawsuit is to be directed against the Federal Agency. A pre-trial procedure shall not take place. The Federal Social Court decides on the application in the first and last legal proceedings. The procedure must be dealt with as a priority. At the request of a specialist hospital association, the Federal Social Court may issue an injunction.

Sixth subsection
Erasing claim

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Section 161 Erasing of the claim

(1) The right to unemployment benefit shall be granted

1.

with the emergence of a new claim,

2.

if the unemployed person or the unemployed person has given rise to a total period of at least 21 weeks, has received written notice of the occurrence of the blocking periods, and the legal consequences of the entry of A period of at least 21 weeks has been pointed out, taking into account also blocking periods which occurred in a period of twelve months prior to the creation of the claim and which do not already have to be deleted. of a claim.

(2) The entitlement to unemployment benefit can no longer be claimed if four years have elapsed after its creation.

Seventh-Subsection
Partial unemployment benefit

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Section 162 Subunemployment benefit

(1) entitlement to partial unemployment benefit, who is employed as a worker or employee

1.

partial unemployment,

2.

reported to be part-unemployed, and

3.

has fulfilled the waiting period for partial unemployment benefit.

(2) For the partial unemployment benefit, the rules on unemployment benefit in the case of unemployment and for recipients of unemployment benefit shall apply accordingly, in so far as the particularities of the partial unemployment benefit do not apply otherwise. , with the following measures:

1.

The unemployed person shall be unemployed, who has lost an employment subject to insurance, which he has pursued in addition to a further employment subject to insurance, and who is subject to an employment subject to insurance.

2.

The grace period for the partial unemployment benefit has fulfilled who, in the partial unemployment benefit period of two years, is subject to a further insurance obligation for at least twelve months in addition to the continuing employment of the insurance subject to the insurance obligation. Employment. For the partial unemployment benefit period, the rules on unemployment benefit apply according to the framework period.

3.

The duration of the entitlement to partial unemployment benefits shall be six months.

4.

In determining the wage tax (§ 153 (2)), the wage tax class which was last applied to the employment relationship was the one which justified the entitlement to partial unemployment benefit.

5.

The right to partial unemployment benefits shall be deleted,

a)

if the worker receives an employment for more than two weeks or with a working time of more than five hours a week after the birth of the claim,

b)

if the conditions for entitlement to unemployment benefit are met, or

c)

no later than the end of a year since the claim was made.

Eighth Subsection
Authorisation and authorisation of a regulation

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Section 163 Regulation authorisations

The Federal Ministry of Labour and Social Affairs is authorized by law, which does not require the approval of the Federal Council,

1.

for the purposes of Article 9 (1) of the law on the transfer of old-age pensions or of retirement pensions, to the extent that this is necessary in order to avoid overlapping benefits; it has to be determine whether the unemployment benefit is full or only up to the level of the supply, and

2.

to determine the details of the demarcation of the voluntary activity within the meaning of section 138 (2) and the relevant requirements of occupational integration.

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Section 164 Order authorisation

The Federal Agency shall be authorized to determine by order of approximate

1.

on the self-efforts of the unemployed (Article 138 (1) (2), (4)),

2.

on the obligations of the unemployed to be able to follow the Agency's proposals for work on occupational integration (Article 138 (5) (2)); and

3.

on the conditions of consent to participation in educational activities in accordance with § 139 (3).

Second section
Insolvency allowance

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§ 165 Claim

(1) Employees are entitled to insolvency benefits if they have been employed in the home country and still have entitlements to pay in the event of a bankruptcy event for the previous three months of the employment relationship. The insolvency event shall be:

1.

the opening of insolvency proceedings relating to the assets of the employer;

2.

the dismissal of the application for the opening of the insolvency proceedings in the absence of a mass or

3.

the complete termination of the operating activity in Germany if a request for the opening of the insolvency proceedings has not been filed and an insolvency proceedings are manifestly not possible due to a lack of mass.

In the case of a foreign insolvency event, employees are entitled to insolvency benefits in Germany. (2) All claims relating to remuneration from the employment relationship are one of the claims on remuneration. As a remuneration for periods in which employment is also subject to remuneration during the exemption (Section 7 (1a) of the Fourth Book), the amount which is due to the written agreement on the maintenance of the subsisting period shall apply. was determined during the respective period. If the employee has converted a part of her or his remuneration in accordance with Section 1 (2) (3) of the Act on the Staff Pension Act, he or she is to be paid in a pension fund, in a pension fund or in a pension fund. Direct insurance applies, the remuneration conversion for the calculation of the insolvency money shall be deemed not to have been agreed, unless the employer has paid contributions to the provider. (3) Has a worker in or a worker in Ignorance of an insolvency event shall be continued or the work shall be taken up, the right to insolvency allowance for the three months of the employment relationship preceding the date of the receipt. (4) The right to insolvency benefit is also entitled to the heir of the employee. (5) The employer is obliged to pay a Decision of the Insolvency Court on the dismissal of the application for insolvency opening due to lack of mass on the works council or, if no works council exists, to announce immediately to the employees. Unofficial table of contents

Section 166 Claims exclusion

(1) Employees shall not be entitled to insolvency allowance for entitlement to pay, which shall:

1.

they are due to terminate the employment relationship or to the post-employment period,

2.

they have acquired, by means of a legal act contested in accordance with the insolvency order, or an act of legal act which would be countervailable in the event of the opening of the insolvency proceedings, or

3.

the insolvency administrator or the insolvency administrator does not meet due to a right to refuse performance.

(2) Where insolvency money has been paid, although this is excluded in accordance with paragraph 1, it shall be reimbursed. Unofficial table of contents

§ 167 Height

(1) Insolvency money shall be paid in the amount of the net work pay which results if the gross remuneration for the monthly contribution limit (§ 341 (4)) is reduced by the statutory deductions. (2) Is the employee in or the worker

1.

in Germany, taxable income without taxes being levied by deductions from the remuneration, or

2.

not subject to income tax domestically, and the insolvency allowance is not subject to the tax on the basis of the provisions governing it or him,

shall be deducted from the remuneration of the taxes which would be levied in the case of an income tax liability in the country by deducting the remuneration. Unofficial table of contents

Section 168 advance

The Agency for Work may make an advance on the insolvency allowance if:

1.

the opening of insolvency proceedings concerning the assets of the employer is requested;

2.

the employment relationship has ended and

3.

the conditions for the right to insolvency benefit are met with sufficient probability.

The Agency for Work shall determine the amount of the advance at the discretion of the person. The advance is to be added to the insolvency allowance. It should be reimbursed;

1.

if a claim for insolvency benefit is not granted, or

2.

insofar as a claim for insolvency money is granted only at a lower level.

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§ 169 Claims Transition

The application for insolvency fees shall be applied to the Federal Agency for the right to insolvency benefits. Section 165 (2) sentence 3 shall apply accordingly. The appeal against the employee in accordance with the insolvency order shall take place against the Federal Agency. Unofficial table of contents

Section 170 dispositions on pay

(1) In so far as the employee has transferred to a third party before the application for insolvency benefit, the right to insolvency benefits shall be entitled to that third party. (2) From a prior to the application for insolvency benefit The right to insolvency allowance is also recognised. (3) The rights of the right to pay for remuneration shall be extinguish if the claims have been transferred to the Federal Employment Agency and the insolvency allowance has been provided to the authorized person. (4) The new Creditors or creditors shall not be entitled to insolvency fees for claims on remuneration which were transferred or pledged to him before the insolvency event without the approval of the Agency for work on the pre-financing of the remuneration. The Agency for Work may only agree to the transfer or pledge if the facts justify the assumption that the pre-financing of the labour charges will result in a substantial part of the work being maintained. Unofficial table of contents

Section 171 dispositions of insolvency allowance

After the insolvency allowance has been applied for, the right to insolvency money such as labour income can be paved, pledged or transferred. A seizure of the claim before this date shall be effective only with the application. Unofficial table of contents

Section 172 Data exchange and data transfer

(1) If the insolvent employer is also active in another Member State of the European Union, the Federal Agency shall inform the competent foreign institution of benefits in the event of the insolvency of the employer the insolvency event and the insolvency event in the The relationship with the provision of insolvency money with decisions taken as far as this is necessary for the purpose of carrying out the duties of this foreign institution. If a foreign institution of the Federal Agency transmits corresponding data, it may use this data for the purpose of paying insolvency money. (2) The Federal Agency is entitled to data on paid insolvency fees for each recipient and each recipient. by remote data transmission to the financial management body referred to in Article 32b (3) of the Income Tax Act.

Third Section
Supplementary social security schemes

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Section 173 acquisition and reimbursement of contributions in the event of exemption from compulsory insurance in the pension insurance scheme

(1) Those who receive unemployment benefit or transitional allowance and are exempt from the compulsory insurance obligation in the statutory pension insurance scheme (Section 6 (1), first sentence, point 1, section 231 (1) and (2) of the Sixth Book), shall be entitled to

1.

the transfer of contributions to be paid to a public insurance or supply institution of a professional group or to an insurance undertaking for the duration of the service, and

2.

Reimbursement of contributions voluntarily paid to the statutory pension insurance scheme by the benefit person or by the benefit person for the duration of the benefit.

Contributions paid voluntarily to the statutory pension insurance will only be reimbursed if proof is made at the request of the service provider or the benefit provider. (2) The Federal Agency shall take over at the most the contributions from the service provider or the service provider. Benefits payable pursuant to the Articles of Association of the insurance or supply facility or contributions due or agreed in the life insurance contract no later than six months before the commencement of the benefit purchase. It shall pay no more than the contributions voluntarily paid to the statutory pension insurance by the benefit or benefit relationship. (3) The contributions to be made and to be reimbursed by the Federal Agency shall be based on the amount of the contributions paid by the Federal Agency. Contributions which the Federal Agency would have to bear in the statutory pension insurance for the duration of the benefit cover without the exemption from the insurance obligation. The benefit relationship or the benefit person can determine whether contributions should be paid or reimbursed as a priority. Where the benefit or benefit person does not meet any provision, the contributions shall be reimbursed and reimbursed in the proportion to be paid or voluntarily paid by the benefit-related or benefit-related person. (4) The service provider or the service provider shall be exempted from the obligation to pay contributions to the insurance or supply institution or to the insurance undertaking, when the Federal Agency has the Contribution payment has been paid for them or for him. Unofficial table of contents

Section 174 Insuration of contributions in the event of exemption from the obligation to insure insurance in the health and care insurance

(1) Relators and recipients of unemployment benefit, who

1.

In accordance with § 6 (3a) of the Fifth Book in the statutory health insurance free of insurance, or pursuant to section 8 (1) (1a) of the Fifth Book, are exempt from the obligation to provide insurance,

2.

in accordance with § 22 (1) of the Eleventh Book or under Article 42 of the Care Insurance Act, exempted from the obligation of insurance in the social care insurance scheme or in accordance with Section 23 (1) of the Eleventh Book at a private health insurance undertaking are insured against the risk of need for care,

have the right to take over the contributions payable to a private health insurance company for the duration of the service for an insurance against illness or need for care. (2) The Federal Agency shall take over the contributions of the to pay contributions to the private health insurance undertaking or to the benefit person, at most, however, the contributions which they make without the exemption from the obligation to provide insurance in the statutory health insurance or in the social care insurance. This shall be based on the following:

1.

for the contributions to the statutory health insurance, the general contribution rate of the statutory health insurance plus the average additional contribution rate (§ § 241, 242a of the Fifth Book),

2.

for the contributions to the social care insurance of the contribution rate in accordance with § 55 paragraph 1 sentence 1 of the Eleventh Book.

(3) In this respect, the service provider or the service provider shall be exempted from the obligation to pay contributions to the private health insurance company when the Federal Agency has taken over the contribution payment for it or him. Unofficial table of contents

§ 175 Payment of compulsory contributions for insolvency event

(1) The total social insurance contribution in accordance with § 28d of the fourth book, which does not apply to earnings for the last three months of the employment relationship preceding the insolvency event and which does not yet apply when the insolvency event occurs. , the Agency shall pay for work at the request of the competent river basin, with the exception of any allowances to be paid as a result of breaches of duty by the employer, and the interest paid to the employer. Contributions. The Agency shall provide evidence of the contributions of the Agency for work and shall ensure that the period of employment and the gross salary payable, including the remuneration for which contributions are paid in accordance with the first sentence, shall be paid to the Agency for the purpose of: the pension insurance institutions responsible for the pension scheme. § § 166, 314, 323 (1), first sentence, and § 327 (3) apply accordingly. (2) The claims on the contributions referred to in the first sentence of paragraph 1 shall remain in relation to the employer. In so far as payments are made, the office of the Agency for Work shall reimburse the contributions paid under the first sentence of paragraph 1.

Fifth chapter
Approval of institutions and measures

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Section 176 Principle

(1) Carriers shall be subject to authorization by a competent authority in order to carry out or have carried out measures relating to the promotion of work themselves. Employers who exclusively carry out operational measures or operating parts of measures do not require approval. (2) Measures pursuant to § 45 (4) sentence 3 number 1 require the admission in accordance with § 179 by an expert body. Measures of continuing vocational training in accordance with § § 81 and 82 require the admission in accordance with § § 179 and 180. Unofficial table of contents

Section 177 Fachkundige Stelle

(1) Speciskilled workers within the meaning of § 176 are the certification bodies accredited by the accreditation body for admission in accordance with the law of employment promotion. Accreditation as an expert body does not involve any kind of insult. Within the scope of this law, the Federal Agency shall exercise supervision over the accreditation body. (2) A certification body shall be accredited by the accreditation body as a competent authority if:

1.

it has the organisational structures and human and financial resources necessary for the authorisation,

2.

the persons responsible for their respective duties are competent for their training, vocational training and professional practice, the efficiency and quality of institutions and measures of active employment promotion , including the assessment and evaluation of a quality assurance system, including special knowledge of the respective areas of responsibility of the institutions, as well as the content and legal structure of the measures to be adopted,

3.

it has the necessary independence and thus ensures that it decides on the admission of institutions and measures only if it is not intertwined with them, either economically, in terms of human resources or organisationally, nor does it decide to grant them a In order to verify the independence of the institution, personnel, economic and organisational linkages or counselling relationships with institutions must be disclosed in the application process,

4.

the persons responsible for carrying out the tasks in question have the reliability required to carry out the authorisation properly,

5.

ensure that the recommendations of the Advisory Council are applied in accordance with Section 182 of the review;

6.

protect the commercial and commercial secrets that have become known in the course of the authorisation,

7.

it applies a quality management system,

8.

it has established a procedure for the examination of complaints and the withdrawal of authorisation in the event of significant infringements; and

9.

it has a transparent and documented procedure for the identification and settlement of the cost of the audit of institutions and measures.

The law on the accreditation body remains unaffected. (3) The accreditation is to be applied for at the accreditation body, with the necessary documents being added. The accreditation is on a temporary basis for a maximum of five years. The effective application of the quality management system shall be reviewed by the accreditation body at annual intervals. (4) The accreditation body shall be notified of any changes which may have an impact on accreditation without delay. (5) If there is a particular interest in the labour market policy interest, the body responsible within the Federal Agency may, on a case-by-case basis, carry out the tasks of an expert body for the admission of institutions and measures of continuing vocational training. A particular interest in the labour market is particularly important if the participation in individual training measures is to be promoted in individual cases. Unofficial table of contents

Section 178 Carrier authorisation

A carrier shall be allowed by a competent authority if:

1.

it has the necessary performance and reliability,

2.

it is in a position to support the professional integration of participants into the labour market by means of their own efforts,

3.

leadership, education and training professionals, as well as professional experience, who can expect a successful implementation of a measure,

4.

it applies a quality assurance system; and

5.

its contractual agreements with the participants include appropriate conditions, in particular on resignation and dismissal rights.

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Section 179 Access to measures

(1) A measure shall be allowed by the competent authority if it

1.

the content, methods and materials of their mediation and of the teaching organisation can be expected to be successful, and appropriate to the situation and development of the labour market,

2.

provide appropriate conditions of participation and guarantee the spatial, human and technical equipment implementation of the measure; and

3.

are planned and carried out in accordance with the principles of economy and economy, in particular the costs and the duration are appropriate; the duration is appropriate if it is limited to the extent necessary to achieve the objective of the measure; .

The costs of a measure in accordance with Article 45 (4), third sentence, point 1 shall be appropriate if they have been determined in a proper way and if they include the average cost rates determined annually by the Federal Agency for the respective measure objective, including: (2) A measure carried out abroad may only be approved if it is particularly useful to carry out the operation abroad in order to achieve the objective of the measure. Unofficial table of contents

Section 180 Supplementary requirements for measures of continuing vocational training

(1) For a vocational training measure in accordance with § § 81 and 82, the requirements of the following paragraphs shall apply for admission by the competent authority in addition to the requirements of the following paragraphs. (2) A measure shall be permitted if:

1.

to obtain, extend, adapt to technical development or to enable professional advancement by means of them,

2.

it imparts a professional qualification, or

3.

it qualifies them for another professional activity

and with a certificate that provides information on the content of the mediated course material. If it is conducive to the reintegration success, the measure should provide for the necessary level of operational learning phases. (3) Exclusion from the authorisation is a measure if:

1.

The main objective is to provide knowledge which corresponds to the educational goal pursued by general schools or to the job-qualifying degree programmes at universities or similar educational establishments,

2.

are mainly not subject to work-related content, or

3.

the cost of the measure is higher than the average cost estimate, which is determined annually by the Federal Agency for the respective educational goal, unless the body responsible within the Federal Agency agrees to the increased cost of the measure.

The first and second sentence of the first subparagraph shall not apply to measures which prepare for the subsequent acquisition of the primary school diploma. (4) The duration of a full-time measure leading to a conclusion in a generally recognised training occupation shall be appropriate in the case of: The meaning of section 179 (1), first sentence, point 3, if it is shortened by at least one third of the training period compared with a corresponding vocational training. If a shortening of at least one third of the training period is excluded due to federal or national regulations, then a measure of up to two thirds is only eligible if the measure already begins at the beginning of the measure. Financing for the entire duration of the measure is secured on the basis of federal or state regulations. (5) Times of a continuing vocational training occupation, which is the obtaining of the state recognition or the state government. Permission to exercise the profession are not professional training in the sense of of this book. Unofficial table of contents

Section 181 Authorisation procedure

(1) Admission is to be requested from a competent authority by adding the required documents. The application must contain all the information and evidence required in order to determine the existence of the conditions. (2) As far as an authorisation has already been applied for at another competent authority, this and the decision must be taken. of this competent authority. If the institution does not apply for the approval of measures at the competent authority where he has applied for authorisation as a institution, he shall have the competent authority in which he requests the authorisation of measures, all documents relating to his or her (3) The institution may request that the competent authority examine a reference selection of measures taken in accordance with the provisions of the competent authority, which shall be proportionate to the number of the reference the measures taken by the institution for which it is applying for authorisation. The approval of all measures requires that the legal requirements for the measures examined are met. The authorisation procedure must be re-opened in the appropriate application of the first and second sentences for further measures offered by the institution after the authorisation. (4) The competent authority shall decide on the application for authorisation of the institution, including: of its branches and of the measures after examination of the submitted application documents and local examinations. It shall take into account, in whole or in part, certificates or recognition of independent bodies which have been issued in accordance with a procedure corresponding to the authorisation procedure. It may suspend the authorisation procedure once for the repair of unfulfilled criteria for a maximum period of three months or definitively reject the authorisation. The decision shall require the written form. The decision may not involve persons who have exercised the functions of an advisory or advisory service in the course of the admissions procedure. (5) The competent authority may limit the authorisation to take measures and to restrict it locally if this is not the case. is justified or requested, taking into account all the circumstances and the situation and the foreseeable development of the labour market. § 177 (3), second and third sentences, and (4) shall apply accordingly. (6) A certificate shall be issued with the authorisation. The certificates for the approval of the carrier and for the approval of measures pursuant to § 45 (4) sentence 3 number 1 and § § 81 and 82 shall be referred to as follows:

1.

" Authorised institution in accordance with the law of the promotion of employment. Approved by (name of the competent authority)-certification body accredited by (name of accreditation body) ",

2.

" Authorized measure of activation and occupational integration in accordance with the law of the promotion of employment. Approved by (name of the competent authority)-certification body accredited by (name of accreditation body) " or

3.

" Approved further training for the promotion of continuing vocational training in accordance with the law of the promotion of employment. Approved by (name of the expert body)-certification body accredited by (name of accreditation body) ".

(7) The competent authority shall be obliged to withdraw the authorisation if the institution does not meet the legal requirements even after the expiry of a period not exceeding three months. (8) The competent authority shall have the following: To record cost rates of the approved measures and to submit them to the Federal Agency. Unofficial table of contents

Section 182 Advisory Council

(1) The Federal Employment Agency shall set up an Advisory Board which may make recommendations for the approval of institutions and measures. (2) The Advisory Board shall include eleven members. It is composed of

1.

A representative of a representative or a representative

a)

of the countries,

b)

municipal leaders,

c)

workers,

d)

the employer,

e)

educational associations,

f)

the associations of private employment intermediaries,

g)

of the Federal Ministry of Labour and Social Affairs,

h)

of the Federal Ministry of Education and Research,

i)

the accreditation body and

2.

two independent experts.

The members of the Advisory Board are appointed by the Federal Employment Agency in agreement with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Education and Research. (3) Warranted for the representative or representative

1.

of the Länder is the Bundesrat,

2.

The municipal federations are the Federal Association of Local Government Associations,

3.

the employees of the German Trade Union Confederation,

4.

the employer is the Federal Association of German Employers ' Associations,

5.

the educational associations are the educational associations, which agree on a proposal,

6.

the associations of private employment intermediaries are the associations of private employment intermediaries, who agree on a proposal.

Section 377 (3) shall apply. (4) The Advisory Council shall adopt its rules of procedure. The Federal Agency shall pay the travel expenses for the members of the Advisory Board in accordance with § 376. Unofficial table of contents

§ 183 Quality Check

(1) The Agency for Work may examine the implementation of a measure in accordance with Section 176 (2) and monitor its success. It may in particular:

1.

require the institution of the measure and the participants to provide information on the course of the measure and the success of the integration; and

2.

examine compliance with the conditions for the authorisation of the institution and of the measure by taking an insight into all the documents of the institution concerned.

(2) The Agency shall be entitled to enter land, business and classrooms of the institution during the period of business or teaching, for the purpose of paragraph 1. If the measure is carried out with a third party, the Agency shall be entitled to enter the land, business and classrooms of the third party during that period. If the Agency finds sufficient evidence of breaches of data protection law in the course of the examination of the measure, it shall inform the competent supervisory authority for the data protection thereof. (3) The Agency for Work may require the institution to remedy any deficiencies which have been identified within a reasonable time. The Agency for Work may exclude the validity of the activation and placement voucher or the education voucher for a carrier and may discontinue the decision on the promotion if:

1.

the institution does not comply with the requirement of the first sentence;

2.

the Agency for Work has identified serious and short-term shortcomings,

3.

the information referred to in paragraph 1 shall not be given in time or in full, or

4.

the examinations or the entry of the land, business and classrooms by the Agency for Work are not tolerated.

4. The Agency for Work shall inform the competent body and the accreditation body of the findings obtained under paragraphs 1 to 3. Unofficial table of contents

Section 184 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized, by means of a regulation which does not require the approval of the Federal Council, the conditions for accreditation as an expert body and for the admission of institutions and measures including the relevant procedures. Unofficial table of contents

§ § § 185 to 239 (omitted)

Sixth chapter
Benefits to carriers

Sixth chapter
(dropped)

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§ § 240 to 279a (omitted)

Seventh chapter
Other tasks of the Federal Agency

First section
Statistics, labour market and occupational research, reporting

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§ 280 Tasks

The Federal Agency has to monitor, examine and evaluate the situation and development of employment and the labour market in general and by occupations, economic activities and regions, as well as the effects of active employment promotion, by:

1.

statistics,

2.

Labour market and occupational research, and

3.

Report refunded.

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§ 281 Labour market statistics

(1) The Federal Agency shall draw up statistics from the data obtained in its business area, in particular on employment and unemployment of workers and on the benefits of the promotion of employment. On the basis of the reports in accordance with § 28a of the Fourth Book, it has to carry out a statistic of employees subject to social security contributions and the marginally employed. (2) The Federal Agency also has to collect the migration background and to be taken into account in their statistics. The data collected may only be used for statistical purposes. They shall be processed in an area separated from other data processing by technical and organisational measures. The Federal Ministry of Labour and Social Affairs, by means of a regulation without the consent of the Federal Council, shall determine, without the consent of the Bundesrat, the details of the characteristics to be collected and the implementation of the procedure, in particular the collection, transmission and data collected. Unofficial table of contents

Section 282 Labour market and occupational research

(1) In determining the content, nature and extent of the labour market and occupational research, the Federal Agency has to take account of its own need for information as well as that of the Federal Ministry of Labour and Social Affairs. The Federal Employment Agency has to coordinate the research needs at least in annual intervals with the Federal Ministry of Labour and Social Affairs. (2) The study of the effects of the promotion of employment is a focus of labour market research. It is to be carried out in a timely manner and is the permanent task of the Institute for Employment Research (Institut für Arbeitsmarkt-und Berufsforschung). (3) The purpose of the research is to take into account the different objectives of this book

1.

examine the extent to which participation in a measure improves the chances of placement of the participants and increases their employability,

2.

-to compare the cost of measures in relation to their benefits,

3.

to measure net economic effects in the use of active labour support services, and

4.

Analyze impact on work patterns.

(4) Labour market research should also examine the effects of the promotion of employment at regional level. (5) Within the Federal Agency, the data from its division may be made available to the Institute for Employment Research and Employment Research. and are used and processed there for the purpose of this. The Institute for Employment Research (Institut für Arbeitsmarkt-und Berufsforschung) may also carry out surveys without the obligation to provide information to the respondents if the information is not already available from the data available in the business unit of the Federal Employment Agency or from other data. Statistical sources can be obtained. The Institute, which is to be separated from the administrative area of the Federal Agency in terms of space, organization and personnel, has to protect the data against unauthorized knowledge by third parties. The data may only be used for the purpose of scientific research. The personal data are to be anonymized as soon as this is possible according to the research purpose. In the meantime, the features must be stored separately, with which individual data can be assigned to a specific or identifiable person via personal or factual circumstances. The Federal Statistical Office and the statistical offices of the Länder are allowed to submit data to the Institute for Employment Research (Institut für Arbeitsmarkt-und Berufsforschung) in accordance with § 16 (6) of the Federal Statistics Act. (6) The Institute has the following information in accordance with § 28a of the Fourth Book of the German Federal Statistical Act. data reported and forwarded to the Federal Agency by the Federal Republic of Germany's employees without first and last names after the insurance number in the long term, in a specially protected file. The data stored in this data file may only be processed and used for the purposes of scientific research, labour market statistics and non-individual planning. They are to be anonymized as soon as this is compatible with the stated purpose. (7) The Federal Agency transmits anonymised data to scientific institutions on request or request, which data for the purposes of labour market and occupational research are required. Section 282a (6) shall apply accordingly. For social data, § 75 of the Tenth Book applies. Unofficial table of contents

Section 282a Transmission of data

(1) The Federal Agency shall be entitled to submit social data to the Federal Statistical Office and the statistical offices of the Länder insofar as this is necessary for the purposes of a census. (2) The Federal Agency shall be entitled, the Federal Statistical Office and to provide the statistical offices of the countries with anonymized individual data relating to employees subject to social security contributions, in so far as these data are necessary for the compilation of the employment statistics. The data referred to in the first sentence may also be transmitted to the statistical offices of the Federal Government and the Länder if they are required for the purposes of the Law on Merit Statistics. (2a) The Federal Agency shall be entitled, the Federal Statistical Office shall be entitled to: Data referred to in § 3 of the Administrative Data Use Law shall be transmitted for the purposes specified in § 1 of the same law. Sentence 1 shall also apply to data to be transmitted in accordance with a legal regulation within the meaning of Section 5 of the Administrative Data Use Act. (2b) The Federal Agency may be sent to the Federal Statistical Office and to the statistical offices of the Länder in accordance with Municipalities collated statistical data on the number of employees subject to social security contributions and the charges subject to social security contributions-each without employees of local authorities and social insurance companies, as well as their Entities-to the extent that they are used to determine the distribution key for The municipal share in the advent of the turnover tax according to § 5c of the German Law on the Reform of the Communities is required. The Federal Statistical Office and the statistical offices of the Länder may submit the data referred to in the first sentence to the Federal Ministry of Finance and to the competent national authorities, in so far as the data relating to the fixing of the Distribution key according to § 5c of the General Law Reform Act are required. The data may only be transmitted on request and used only for the purposes set out in sentences 1 and 2. They are to be deleted four years after the determination of the distribution key. If, within this period, objections are raised against the calculation of the distribution key, the data may be kept until the final clarification of the objections, as far as they are necessary for clarification. (3) The Statistical Office The Federal Office and the statistical offices of the Länder are entitled to collect statistical data on self-employed persons, assisting in the implementation of the statistical tasks of the Federal Employment Agency, which is responsible for carrying out exclusively statistical tasks. Members of the family, civil servants and marginally employed persons insofar as they are necessary for the calculation of unemployment rates in the context of labour market statistics. This data may be used by the Federal Agency for statistical purposes only by means of an administrative unit, which is separate from administrative tasks in terms of space, organization and personnel. (4) For use in relation to the legislative bodies and for the purposes of planning, but not for the regulation of individual cases, the Federal Employment Agency may submit tables of labour market statistics to the supreme federal or state authorities, even so far as the table fields are only one case (5) The data and tables transmitted shall be found in the (6) The transmission of a data preparation to a significant extent is to be concluded by means of the data or table transmission by a written agreement, which shall: provide for a system of reimbursement of the costs incurred in the preparation of the processing. Unofficial table of contents

§ 282b Data use for the training placement by the Federal Agency

(1) The Federal Agency may exclusively use the data transmitted to it by the information centres concerning registered or registered training conditions.

1.

to improve the teaching of training,

2.

to improve the reliability and timeliness of training placement statistics, or

3.

to improve the identification of supply and demand on the training market

(3) The Federal Agency shall delete the data and data carriers transmitted to it for the purposes of paragraph 1 at the latest by the end of the calendar year. Unofficial table of contents

Section 283 Labour market reporting, right of instruction

(1) The Federal Agency shall submit the labour market statistics and the results of the labour market and occupational research to the Federal Ministry of Labour and Social Affairs and publish it in a suitable form. The Federal Agency has to ensure that, in the performance of the tasks of this section, in addition to its own short-term labour market policy information requirements, the Federal Ministry of Labour and Social Affairs will also be responsible for information. (2) The Federal Ministry of Labour and Social Affairs is able to determine the nature and extent of statistics and the characteristics of the statistics and the reporting of the labour market in more detail, and to give the Federal Employment Agency appropriate technical instructions.

Second section
Issue of authorisations and permits

First subsection
Employment of foreign nationals

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Section 284 Working-approval-EU for nationals of the new EU Member States

(1) Croatian nationals and their family members entitled to freedom of movement may only engage in employment with the approval of the Federal Employment Agency and be employed by employers only if they have such a permit, to the extent that: in accordance with the provisions of the Treaty of 9 December 2011 concerning the accession of the Republic of Croatia to the European Union (BGBl. 2). (2) The authorisation is granted as a temporary work permit-EU, if not entitled to an open-ended grant as a work permit. Work authorization-EU exists. (3) The work permit-EU can be granted in accordance with § 39 (2) to (4) and (6) of the Residence Act. (4) Foreigners pursuant to paragraph 1, who are domicated or resident in the EU. habitual residence abroad and want to take up employment in the federal territory, a work permit-EU may only be granted for employment which does not require qualified vocational training, if this is done by inter-governmental agreement, or may be permitted under a regulation. For occupations authorised by the legal regulation, nationals of the Member States of the European Union, as referred to in paragraph 1, shall be given priority to a work permit for nationals of third countries, to the extent that: (6) The Residence Act and the legal regulations adopted pursuant to Section 42 of the Residence Act (Residence Act) shall be issued in accordance with the provisions of the Act of Accession of the European Union for the purposes of the Access to the labour market shall apply as far as they are for the foreign nationals and foreigners referred to in paragraph 1 shall contain more favourable provisions. In application of the rules, the work permit-EU is entitled to consent to a residence permit in accordance with § 4 (3) of the Residence Act. (7) One before the date of the date of the Treaty of 9 December 2011 on the accession of the Republic of Croatia on the European Union (BGBl. 586), which entered into force for the Federal Republic of Germany, the granted residence permit for the purpose of employment is continued as a work permit-EU, with restrictions on the residence permit with regard to the exercise of the Employment as restrictions on the work permit-EU remain. A residence permit issued before that date, which entitles the unrestricted exercise of employment, shall continue to be considered as an EU labour authority. Unofficial table of contents

§ § 285 u. 286 (omitted)

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§ 287 Fees for the implementation of the agreements on works contract workers and contract workers

(1) The expenses incurred by the Federal Agency and the customs administration authorities in the implementation of intergovernmental agreements on the employment of workers on the basis of work contracts, may be levied by the employer of the foreign workers. (2) The fee will be charged for expenses incurred by the Federal Agency and the authorities of the Customs Administration, which are related to the application procedure and monitoring of compliance with the agreements, in particular for: The

1.

Examination of the contractual bases,

2.

Examination of the conditions for the employment of foreign workers,

3.

Assurance, grant and cancellation of consent to the granting of a residence permit for the purpose of employment or the work permit-EU,

4.

monitoring of the observance of the number of workers fixed for the execution of a contract of work;

5.

Monitoring of compliance with the obligations of employers under the agreements in the employment of their employees, including the carrying out of the necessary tests in accordance with Article 2 (1) (4) of the Illegal labour control law by the authorities of the customs administration and

6.

Implementation of the exclusion procedures according to the agreements.

The Federal Agency shall be empowered to determine, by arrangement, the chargeable facts, to provide fixed rates for the fee and to determine and collect the part of the fees charged to the authorities of the customs administration. (3) The The fee referred to in paragraphs 1 and 2 may not be reimbursed in whole or in part. (4) Furthermore, the provisions of the Administrative Costing Act shall apply. Unofficial table of contents

Section 288 Regulation empowerment and right of instruction

(1) The Federal Ministry of Labour and Social Affairs can be replaced by a legal regulation

1.

Exceptions to the granting of a work permit to foreigners who do not have a residence permit,

2.

Exceptions to the granting of a work permit irrespective of the labour market situation,

3.

Exceptions to the granting of a work permit to foreigners residing or having their habitual residence abroad,

4.

the conditions for the granting of a work permit and the requirement of a medical examination by foreign nationals residing or having their habitual residence abroad with their consent for the first-time Employment,

5.

the scope and duration of the work permit,

6.

further groups of persons to whom an employment entitlement is granted and the time, operational, occupational and regional limitation of the right to work,

7.

further exemptions from the permit requirement as well as

8.

the conditions for the procedure and the lifting of a permit

(2) The Federal Ministry of Labour and Social Affairs may provide the Federal Agency for the implementation of the provisions of this subsection and of the legal regulations adopted for this purpose, as well as those of the institutions of the European Communities. , provisions adopted on access to the labour market and the intergovernmental agreements on the employment of workers shall give instructions.

Second subsection
Advice and mediation by third parties

First Title
Vocational guidance

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Section 288a Undertaking of vocational guidance

(1) The Agency for Work shall have a natural or legal person or a civil society engaged in professional guidance (vocational guidance) to prohibit in whole or in part the exercise of that activity, provided that this is in order to protect the is required. In the case of a legal person or a partnership, a person appointed by it for the management of the holding may also be prohibited from carrying out the activity in whole or in part, provided that this is necessary for the protection of the persons seeking advice. (2) The person concerned shall, at the request of the Agency, be required to do so in the course of the submission

1.

to provide the information necessary for the implementation of the procedure; and

2.

to submit the business documents which make the accuracy of the information available.

It may refuse to provide information on such questions, the answers to which they themselves or any of the members of the civil procedure referred to in § 383 (1) (1) to (3) of the Code of Civil Procedure of the risk of criminal prosecution or of a procedure under the law on (3) In so far as it is necessary to carry out the review, the persons authorised by the Agency for Work shall have the power to enter the premises of the person concerned during the normal business hours. The person has to accept measures in accordance with the first sentence. (4) The Agency for Work shall prohibit the pursuit of professional guidance, so that it shall prevent the continued pursuit of this activity in accordance with the provisions of the Administrative Enforcement Act. Unofficial table of contents

Section 289 obligation to disclose

Professional advisers who exercise the interests of an employer or institution are obliged to inform the person seeking the identity of the institution or body; they have to point out that the perception of interests is the advisory activity may have an impact. The obligation of disclosure also exists when career counsellors have links to a facility, the knowledge of which may be of importance to the persons seeking advice in order to assess the importance of advice. Unofficial table of contents

§ 290 Compensation

In the case of a vocational guidance counsellor, remuneration of persons seeking advice may only be required or accepted if the vocational guidance counsellor does not at the same time provide training or employment services, or if an appropriate person is responsible for the provision of training or employment. It is operated in related business premises. Agreements concluded contrary to the first sentence of this Article shall be ineffective.

Second Title
Training and placement services

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§ 291

(dropped) Unofficial table of contents

§ 292 Foreign exchange, recruitment from abroad

The Federal Ministry of Labour and Social Affairs can determine by means of a regulation that the mediation for employment abroad outside the European Community or any other Contracting State of the Agreement on the European Union The Federal Agency for Employment and Social Affairs of the Federal Republic of Germany (Bundesagentur für behalf of the Federal Republic of Germany) and the Federal Agency for Employment and Social Affairs (Bundesagentur für behalf of the Federal Republic of Germany) may only be used Unofficial table of contents

§ § 293 to 295 (omitted)

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§ 296 Conciliation contract between intermediaries and jobseekers

(1) A contract under which an intermediary undertakes to impart a job to one or more jobseekers shall require the written form. In particular, the contract shall specify the remuneration of the intermediary. The services provided by the Agency shall include all the services necessary for the preparation and implementation of the mediation, in particular the identification of the knowledge of the jobseeker and of the persons involved in the conciliation procedure. Vocational guidance. The agent shall inform the jobseeker of the content of the contract in writing. (2) The jobseeker shall be obliged to pay the remuneration in accordance with paragraph 3 only if, as a result of the mediation of the intermediary, the employment contract has come about. The agent may not charge or accept any advances on the remuneration. (3) The remuneration, including the statutory sales tax, shall not exceed EUR 2 000, unless a valid activation and/or activation and/or activation of the remuneration is not permitted. Placement voucher is presented at a different level in accordance with § 45 (6) sentence 4 or is determined by a legal regulation according to § 301 for certain occupations or groups of persons. In the case of the placement of persons in au pairs, the remuneration may not exceed EUR 150. (4) Work-seekers who submit an activation and placement voucher to the intermediary may, by way of derogation from § 266 of the Civil codes pay in partial amounts. The remuneration is based on presentation of the activation and placement voucher up to the date in which the Agency has paid for work in accordance with § 45 (6). Unofficial table of contents

§ 296a Remuneration in the case of training placement

Only the employer may be required to pay or receive compensation for the services provided for the training placement. The services provided by the training agency also include all the services necessary for the preparation and implementation of the mediation, in particular the identification of the knowledge of the applicant and the person who is seeking training, and the Vocational guidance related to training placement. Unofficial table of contents

Section 297 Unenforceability of agreements

Ineffective

1.

Agreements between an intermediary and one or a jobseeker of the payment of the remuneration if the amount of the remuneration exceeds the maximum limit allowed in accordance with Section 296 (3), if remuneration for benefits is required or accepted in accordance with the third sentence of Article 296 (1) of the Directive, or if the required written form is not complied with, and

2.

agreements between an intermediary and one or a training seeker on the payment of remuneration;

3.

agreements between an intermediary and an employer, where the intermediary agrees to or receives remuneration from, or receives from, one or more training seekers, although this is not permissible; and

4.

Agreements to ensure that an employer or a person looking for a training or work is exclusively served by a specific intermediary.

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Section 298 Treatment of data

(1) Mediators may only collect, process and use data on training and jobs to be filled and those seeking training as well as employees, insofar as this is for the execution of their mediation activities. is required. If these data are personal or business or trade secrets, they may only be collected, processed or used, as far as the person concerned has consented in the individual case in accordance with § 4a of the German Federal Data Protection Act. If the intermediary transmits this data in the course of its mediation activities to another person or entity, this data may only be processed or used for the purpose to which it has been authorised to do so. (2) shall be returned immediately after the completion of the mediation activity. The remaining business records of the mediator shall be kept for three years after the completion of the mediation activity. The use of the business records is permitted for the control of the intermediary by the competent authorities as well as for the enjoyment of legitimate interests of the mediator. Personal data shall be deleted after expiry of the retention obligation. Affected persons may, after the completion of the mediation activity, allow deviations from the sentences 1, 3 and 4; the design shall require the form of the written form. Unofficial table of contents

§ § 299 and 300 (omitted)

Third Title
Authorisation

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Section 301 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized to determine, by means of a decree law, that allowances may be agreed for certain professions or groups of persons who are subject to the employment of the employee or the employee the amount of the remuneration to be paid. Unofficial table of contents

§ § 302 and 303 (omitted)

Third Section
(dropped)

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§ § 304 to 308 (omitted)

Eighth chapter
Obligations

First section
Obligations in the performance process

First subsection
Reporting requirements

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§ 309 General reporting obligation

(1) During the period for which they are entitled to unemployment benefit, the unemployed have to be personally reported to the Agency for Work or any other service of the Federal Employment Agency, or to a medical or psychological health service. Examination date should appear when the Agency for Work requests it (general reporting obligation). The notification shall be made at the point indicated in the call for notification. The general reporting obligation also exists in times when the right to unemployment benefits is based. (2) The call for notification can be made for the purpose of the

1.

professional advice,

2.

training or work,

3.

Preparation of active employment services,

4.

Preparation of decisions in the performance process and

5.

Examination of the requirements for entitlement to benefits

(3) The person subject to the notification shall be notified of the time specified by the Agency for work. If the reporting date is determined by the date and time of the day, the person subject to the reporting obligation shall also have to comply with the general notification requirement if it is registered at a different time on the same day and the purpose of the notification is reached. If the notifiable person is incapacitated at the reporting date, the reporting requirement shall continue on the first day of the working capacity if the agency for work determines this in the notification request. (4) The necessary travel expenses, which are the a person who is subject to a notifiable person and a necessary accompanying person arising from the notification may be accepted on request, if they are not already taken over under other regulations or under other provisions of this book . Unofficial table of contents

§ 310 Reporting obligation on change of jurisdiction

Where the unemployed person or the unemployed person is responsible for the work of another agency for work after the unemployed person has been notified, he or she shall be required to report immediately to the work agency which is now responsible for work.

Second subsection
Notification and certification requirements

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§ 311 Display and certification duty in case of incapacity for work

Anyone who has applied for or receives unemployment benefit or transitional allowance is obliged to do so by the Agency for Work

1.

to notify without delay an incapacity for work and its probable duration; and

2.

at the latest before the end of the third calendar day following the occurrence of the incapacity for work, to submit a medical certificate concerning the incapacity for work and its probable duration.

The Agency for Work is entitled to require the submission of the medical certificate earlier. If the incapacity for work is longer than indicated in the certificate, a new medical certificate shall be submitted to the Agency for work. The certificates must include a note from the treating physician or the treating physician that the sickness insurance institution must immediately obtain a certificate of incapacity for work, together with information on the findings and the information on the condition of the person concerned. the probable duration of the incapacity for work. Unofficial table of contents

Section 312 Work certificate

(1) The employer shall, at the request of the employee or the employee or at the request of the Federal Agency, certify any facts which may be significant for the decision on entitlement to unemployment benefit or transitional allowance. (working certificate), in which he has to use the form provided by the Federal Agency for this purpose. The working certificate shall, in particular:

1.

the nature of the work of the employee or worker;

2.

the beginning, end, interruption and reason for the termination of the employment relationship; and

3.

the remuneration and other cash benefits which the worker has received or has to claim to receive,

. The work certificate must be handed over to the employee by the employer. (2) The employer asserts that the unemployment is the result of a work struggle, he has to explain this, to make it credible and to have a job. To include the opinion of the company representative. The employer shall provide the company representative with the information required for the opinion. (3) For intermediate masters, intermediate masters and other contracting entities of home workers, as well as for service providers, companies and Posts that make contributions according to this book for recipients of social benefits, sickness allowance or benefits for the failure of work income in connection with a post-transplant law pursuant to § § 8 and 8a of the Transplantation Act Where the donation of organs and tissues is to be paid, paragraphs 1 and 2 shall apply: (4) After the completion of the execution of a pre-trial detention, a custodial sentence, a juvenile sentence or a detention order for a detention order or a temporary accommodation in accordance with § 126a of the Code of Criminal Procedure, the To issue a certificate of the periods in which it or he has been subject to insurance within the last seven years prior to dismissal as a prisoner or a prisoner. Unofficial table of contents

§ 312a Working certificate for the purposes of national and international law

(1) The employer shall, at the request of the Federal Agency, certify all the facts, the knowledge of which is necessary for the decision on entitlement to benefits in the event of unemployment of a State covered by the Regulation, and to the latter Certification by the Federal Agency in accordance with Article 54 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedures for the implementation of Regulation (EC) No 883/2004 on coordination social security systems (OJ L 327, 30.4.2004 OJ L 284, 30.10.2009, p. 1). The employer has to use the form provided by the Federal Agency for this purpose. The sentences 1 and 2 shall apply in accordance with the requirements of the Federal Agency for the purposes of certifying a foreign institution in accordance with other provisions of national law or international law. The certification requirements include only data which the employer is obliged to keep under German law. (2) The obligation to certifying is also valid in the cases of § 312 (3) and (4). Unofficial table of contents

§ 313 A-income certificate

(1) Anyone who has applied for, or refers to, a person who has applied for vocational training allowance, training allowance, unemployment benefit or transitional allowance (current cash benefits) shall be employed or employed in a self-employed capacity in respect of remuneration. shall be obliged to provide that person without delay in the manner and duration of employment or of self-employed activity, as well as the amount of the remuneration or remuneration for the periods for which this benefit has been requested; or . The form provided by the Federal Agency shall be used. The certificate of the secondary income shall be handed out immediately by the person entitled to the service or the customer. (2) Anyone who has requested or receives an ongoing cash benefit and who is responsible for the service or works of the service (3) The provisions of paragraphs 1 and 2 shall apply to persons who are entitled to receive compensation for the payment of the certificate. (3) for the short-time allowance or for the short-time allowance, accordingly. Unofficial table of contents

§ 313a Electronic certificate

The certificates in accordance with § § 312, 312a and 313 may be transmitted electronically by the certifying party of the Federal Agency under the conditions of § 23c (2a) of the Fourth Book, unless the person for whom a Certificate in accordance with § § 312 and 313 is to be issued, the transmission is contrary. The person for whom the certificate is to be issued shall be notified in writing by the certifying party in writing of the right of objection. § 312 (1) sentence 3 and § 313 (1) sentence 3 shall not apply; the Federal Agency shall immediately forward an expression of the data to the person for which a certificate has been electronically transmitted in accordance with § § 312 and 313. Unofficial table of contents

Section 314 Insolvency certificate

The insolvency administrator or the insolvency administrator shall, at the request of the Agency for Work, certify for each worker and any worker for which a right to insolvency benefit is eligible to certify:

1.

the amount of the pay for the last three months of the employment relationship which preceded the opening of the insolvency proceedings, and

2.

the amount of the statutory deductions and of the benefits provided for the fulfilment of the claims on remuneration.

The same shall apply with regard to the amount of charges which have been converted in accordance with Section 1 (2) (3) of the Act on occupational pensions and which have not been paid by the employer to the supplier. It shall indicate whether the part of the pay is laid down in a pension fund, in a pension fund or in a direct insurance scheme and which provider has been chosen for the occupational retirement provision. It is also necessary to certify to what extent the claims on pay are manicured, pledged or ceded. The form provided by the Federal Agency shall be used. If the insolvency certificate is sent by the insolvency administrator or the insolvency administrator in accordance with § 36a of the First Book, the address and the data of the transfer path must also be communicated. (2) In cases in which a Insolvency proceedings shall not be opened or, in accordance with Section 207 of the Insolvency Code, the obligations of the insolvency administrator or the insolvency administrator shall be fulfilled by the employer.

Third Subsection
Disclosure requirements

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§ 315 General obligation to provide third parties

(1) Any person who has, or is referring to, a person who has requested or obtains an ongoing cash benefit shall provide the Agency for work, on request, with information on the possibility of excluding or reducing the current financial performance; in so far as it is necessary for the performance of the tasks in accordance with this book. (2) Those who are liable to a person who has requested or received an ongoing cash benefit are required to perform the current cash performance or to perform the duties on the reduce, or hold assets, or hold assets for that person, has to provide information to the Agency on request and on the income or property of that person, insofar as it is necessary for the performance of the tasks referred to in this Book. Section 21 (3) sentence 4 of the Tenth Book shall apply accordingly. § 1605 (1) of the Civil Code is to be applied for the determination of a maintenance obligation. (3) Who employs a person who

1.

himself or whose spouse, spouse, life partner or life partner has requested or has received a current cash benefit, or

2.

is obliged to provide information in accordance with paragraph 2,

(4) paragraphs 1 to 3 shall apply mutatily if a person has the right to work on employment, in particular on remuneration, where necessary to carry out the tasks referred to in this book. (5) In the case of a need assessment, the income or property of the spouse, the life partner or the spouse shall be the income or property of the spouse, the partner or the spouse. The partner or partner of a similar community to shall, at the request of the Agency, provide information on this or that of the Agency, if necessary, in so far as it is necessary for the implementation of the provisions of this Book. Where the spouse or spouse, life partner or partner or partner of a similar Community have the task of carrying out the assets or holding assets for them or those of such third parties, , have the Commission informed them accordingly. Section 21 (3) sentence 4 of the Tenth Book shall apply accordingly. Unofficial table of contents

§ 316 obligation to provide information on the performance of insolvency money

(1) The employer, the insolvency administrator or the insolvency administrator, the employees and other persons who have had an insight into the work pay documents shall be obliged to provide the Agency for work on request all To provide information necessary for the implementation of Sections 165 to 171, 175, 320 (2), § 327 (3). (2) The employer, the employees and other persons who have had an insight into the working documents, are obligated, the insolvency administrator or the insolvency administrator shall Require all information necessary for the insolvency certificate according to § 314 to be supplied. Unofficial table of contents

§ 317 The obligation to provide information for short-time workers ' money and winter money

Those who receive short-time work or winter money, or who have been requested to do so, have to provide the necessary information on request for the calculation and payment of the benefits. Unofficial table of contents

§ 318 The obligation to provide information in the case of vocational education and training measures, benefits for participation in working life, activation and occupational integration

(1) Employers and institutions in respect of which a measure of vocational education and training, an achievement of participation in the work life or a measure pursuant to § 45 has been or is being carried out shall immediately provide information to the Agency for work on: To provide information on whether and to what extent benefits have been or are rightly provided. (2) persons who are encouraged to take part in vocational education and training measures or to a measure pursuant to § 45, or who are eligible to receive the assistance of the Agency for the benefit of the Agency. (2) , have been committed to:

1.

to provide the Agency for work or the institution of the measure, on request, with information on the success of the measure, as well as any further information required for the quality test in accordance with Section 183; and

2.

permit an assessment of their performance and conduct by the institution.

Carriers shall be obliged to:

1.

submit their assessments to the Agency for Work without delay to the participant or participant;

2.

to inform the agency responsible for the work of the individual participant or the individual participant for a calendar month the absence of the participant or the participant, as well as the reasons for the missing days; in doing so, they shall have the responsibility of the Federal Agency for the to use the pre-printed form.

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Section 319 Co-operative and Dulduty obligations

(1) Anyone who requests, has obtained or refers to a performance of work promotion, or who employs or has commissioned someone who has applied for a benefit in the case or for which a performance has been requested, has the responsibility of the Federal Agency, as far as this is concerned. To carry out the tasks of this book, it is necessary to grant access to the documents and records of the records, records and other records and records, and during the business period, access to its land and premises. If the documents are held by a third party in accordance with the first sentence, the Federal Agency shall be entitled to carry out the tasks in accordance with this book, including its land and business premises during the business period, and to inspect the latter. (2) Data stored in automated files shall be sent to the employer for work on request and at the expense of the agencies, and shall be made available on machine-readable data carriers or in lists. The employer may make machine-readable data carriers or lists of data which contain the required data unhealthy, if the segregation would be associated with a disproportionate effort and if the overriding protection worthy of protection is The interests of those concerned are not contrary. In this case, the agencies have to send out the necessary data for work. In addition, the remaining data may not be processed and used. If the available data carriers or data lists are no longer required for carrying out the tasks according to this book, they shall be immediately destroyed or returned at the request of the employer.

Fourth subsection
Other obligations

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Section 320 Calculation, payout, recording and notification requirements

(1) The employer shall demonstrate to the Agency for work, on request, the conditions for the provision of short-time allowance and winter money. He has to charge and pay for these services free of charge. In the case of the short-time allowance, he has to assume the salary tax deduction characteristics in the relevant application period; on the basis of a certificate issued by the work agency responsible for the employee or the employee, he has increased the increase in the number of employees. (2) The insolvency administrator or the insolvency administrator must calculate the insolvency allowance at the request of the agency for work, and the insolvency allowance is to be calculated. , if the worker or employees of the The Agency shall provide the funds for the payment of the insolvency money. Use of the form provided by the Federal Agency shall be used for the settlement. Costs shall not be reimbursed. (3) For each working day during the period of the grant requested, the employer in whose holdings winter money shall be paid shall have records of the work performed on the holding or on the construction site and the records of the work carried out on the site. fancy working hours. Employers in whose holdings season short-time work money is provided shall keep these records for each working day during the bad weather period. The records in accordance with the first and second sentences are to be kept for four years. (4) (omitted) (4a) The employer has to prove to the Agency the conditions for the provision of services to promote participation in transfer measures. At the request of the Agency for Work, the employer shall inform the employer of the results of the measures to be taken in order to determine the prospects for inclusion. (5) Employers in whose premises a labour dispute is taking place shall have at the time of the outbreak and termination of the employment contract. Agency for work to be reported immediately. The display in the event of an outbreak must contain the name and address of the holding, the date of the start of the employment situation and the number of workers affected. In the event of a cessation of the industrial action, the date of the cessation of employment shall be the date of termination of employment, the number of workers affected in each day, as well as the number of workers affected by the termination of the employment contract. Work setting failed work days.

Second section
Compensation for damages in case of breaches of duty

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Section 321 Compensation

Who intentionally or negligently

1.

a work certificate according to § 312, a supplementary income certificate pursuant to § 313 or an insolvency certificate pursuant to § 314 not being filled out correctly or not completely,

2.

Information on the general information requirements of third parties according to § 315, the obligation to provide information in the case of vocational education and training and in the case of an achievement for participation in the working life according to § 318 or the obligation to provide information in the case of the performance of Insolvency money according to § 316 is not granted, not correct or not fully granted,

3.

as an employer, it does not fulfil its calculation, payment, recording and notification obligations in the case of short-time allowance, winter money and benefits for the promotion of transfer measures pursuant to § 320 (1) sentence 2 and 3, (3) and (4a).

4.

as the insolvency administrator or insolvency administrator, the obligation to invoice and pay the insolvency money in accordance with § 320 (2) sentence 1 is not fulfilled,

the Federal Agency shall be obliged to compensate for the damage resulting therefrom.

Third Section
Authorisation and authorisation of a regulation

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Section 321a Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized, with the consent of the Federal Council, to obtain further information on the nature and scope of the duties after the Second to Fourth Subsections of the First Section and the Second Section of the Federal Ministry of Labour and Social Affairs. To determine the section of this chapter, including the procedure to be followed and the time limits to be observed. Unofficial table of contents

Section 322 Rules of Procedure

The Federal Agency is empowered to determine by order more details on the reporting obligation of the unemployed. It may also determine to what extent facilities outside the Federal Agency may be admitted to the request to receive the notification.

Ninth chapter
Common rules on benefits

First section
Application and deadlines

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Section 323 Application requirement

(1) Services for the promotion of employment shall be provided on request. Unemployment benefit shall be deemed to have been filed with the personal declaration of unemployment, if the unemployed person or unemployed person does not make a different declaration. Benefits of active employment promotion can also be provided by officals if the beneficiaries agree. (2) Short-time workers ' money, benefits for the promotion of participation in transfer measures and supplementary benefits in accordance with § 102 are to be sent by the employer in writing, with an opinion of the company representative. apply. The application may also be made by the company representative. The names, addresses and social security numbers of the employees for which the benefit is requested shall be communicated with a request for short-time work or supplementary benefits in accordance with § 102. Season-short-time allowance or supplementary benefits according to § 102 shall be up to 15. of the month following the month in which the days for which the benefits are requested are laid down. Unofficial table of contents

Section 324 Application for performance

(1) Services for the promotion of employment shall only be provided if they have been applied for before the performance-based event has occurred. In order to avoid unreasonable hardship, the Agency may grant a late application for work. (2) Vocational training allowance, training allowance and unemployment benefit can also be applied for retrospectively. The short-time allowance and supplementary benefits under § 102 are to be applied for retrospectively. (3) Notwithstanding the first sentence of the first sentence of paragraph 1, insolvency money shall be applied for within a period of two months after the insolvency event. If the time limit has not been missed for reasonable reasons, insolvency money shall be paid if the application has been filed within two months of the removal of the obstacle. A self-justifiable reason shall be the case if workers do not take the necessary care to enforce their claims. Unofficial table of contents

Section 325 Effects of the application

(1) Vocational training allowance and training allowance shall be provided retrospectively at the latest from the beginning of the month in which the benefits have been requested. (2) Unemployment benefit shall not be provided retrospectively. If the competent agency for work is not ready to work on a day in which the unemployed person or unemployed person wishes to apply for unemployment benefit, an application for unemployment benefit shall be returned in the same way as a personal working release. (3) Short-time allowance and supplementary benefits according to § 102 are to be requested for the respective calendar month within an exclusion period of three calendar months; the period begins at the end of the month in which the days for which the benefits are due (4) (omitted) (5) Benefits to promote participation in Transfer measures must be applied for within three months after the end of the measure. Unofficial table of contents

Section 326 Exclusion period for total accounting

(1) In the case of benefits to institutions, the institution of the action of the Agency for Work shall submit, within a time limit of six months, the documents to be submitted for a final decision on the extent of the benefits to be provided are required (total accounting). The period shall begin at the end of the calendar month in which the measure has been terminated. (2) The total invoice shall not be reimbursed in good time, the services provided shall be reimbursed by the institution to the extent that the conditions for the payment of the services are to be met by the institution. Services have not been proven.

Second section
Responsibility

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§ 327 Principle

(1) For the benefit of employees, with the exception of the short-time allowance, the winter money, the insolvency allowance and the services to promote participation in transfer measures, the Agency shall be responsible for the work in which it is responsible for: District the employee has his or her residence at the time of the occurrence of the performance-based facts. As long as the worker is not resident in his or her place of residence, the Agency shall be responsible for work in the district of which the employee of the worker or the employee is responsible for the entry of the performance-based facts. or his habitual residence. (2) At the request of the unemployed person or unemployed person, the Agency has to declare a different agency for work in charge of work if there are no objections to the labour market situation or if the refusal to do so has to be rejected. Unemployed persons or the unemployed would mean an uncheap hardship. (3) For The agency responsible for short-time work, supplementary benefits in accordance with § 102 and insolvency allowance is the agency in whose district the pay settlement office responsible for the employer is located. In the case of insolvency, if the employer has no payroll office in Germany, the agency shall be responsible for the work in which the insolvency court has its registered office. For services to encourage participation in transfer activities, the Agency is responsible for work in whose district the employer's business is located. (4) For benefits to employers, with the exception of reimbursement of contributions to social security (5) The Agency is responsible for the work carried out by the Agency for work in the district of which the project or the action is carried out in the district of which the employer is responsible. (6) The Federal Agency may, by way of derogation from the Paragraphs 1 to 5 shall be transferred to other departments.

Third Section
Performance in special cases

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Section 328 Preliminary decision

(1) The provision of cash benefits may be decided on a provisional basis if:

1.

the compatibility of a provision of this book, on which the decision on the application depends, is the subject of a procedure with the Federal Constitutional Court or the Court of Justice of the European Communities with a higher-ranking law,

2.

a decision-substantial legal question of fundamental importance is the subject of proceedings before the Federal Social Court; or

3.

in order to determine the conditions of entitlement of a worker to cash benefits for a longer period of time, the conditions for entitlement to the claim are likely to be sufficient and the conditions for entitlement to cash benefits are likely to be met for a longer period of time Employees or employees are not responsible for the circumstances which are contrary to an immediate final decision.

The scope and reason of the preliminary frequency shall be indicated. In the cases of the first sentence of sentence 1, the decision shall be taken on a provisional basis. (2) A provisional decision shall be declared definitively only at the request of the authorized person if it is not to be repealed or amended. (3) Decision rendered services are to be calculated on the performance of the service. In so far as the final decision does not grant a right to benefits or is only granted at a lower level, benefits are to be reimbursed on the basis of the provisional decision; on the basis of a provisional decision, the Short-time allowance and winter money shall be repaid by the employer. (4) Paragraph 1, first sentence, No. 3, and the second and third sentences of paragraph 3, and the first and second sentences of paragraph 3, are applicable to the reimbursement of employers ' contributions to social security. Unofficial table of contents

§ 329 Income calculation in special cases

The Agency for Work may estimate the income to be taken into account after hearing the person or persons entitled to benefit, in so far as income is to be taken into account only for a short period of time. Unofficial table of contents

Section 330 Special arrangements for the lifting of administrative acts

(1) The conditions laid down in Article 44 (1) sentence 1 of the Tenth Book shall be subject to the withdrawal of an unlawfully unfavourable administrative act, because it is based on a rule of law which, after the adoption of the administrative act, is null or void, or is declared incompatible with the Basic Law or has been interpreted in accordance with settled case-law other than by the Agency for Work, the administrative act, if it has become indisputable, shall only be effective for the period following the decision of the Federal Constitutional Court or from the existence of settled case-law (2) If the conditions set out in § 45 (2) sentence 3 of the Tenth Book are required for the withdrawal of an illegal administrative act, it must also be taken back with effect for the past. (3) The following shall be taken as the in Article 48 (1), second sentence, of the Tenth Book, the conditions for the lifting of an administrative act with a permanent effect shall be repealed with effect from the date of the change in circumstances. By way of derogation from § 48 (1) sentence 1 of the Tenth Book, the circumstances shall also be terminated with effect from the date of change to an administrative act, insofar as the charge for the tax is based on a reduction in accordance with Section 200 (3) in the favour of the (4) The conditions for the withdrawal of an administrative act claiming entitlement to a refund of the unemployment benefit by an employer shall be subject to the conditions laid down in the following: To take back the past. (5) (dropped) Unofficial table of contents

Section 331 Preliminary payment adjustment

(1) The Agency for Work may provisionally cease payment of an ongoing benefit without the granting of a decision if it becomes aware of facts which result in the application of a law to rest or to the omission of the claim, and if the communication, from which the claim is made, and should therefore be repealed with effect for the past. In so far as knowledge is not based on information obtained by the person receiving the current performance, it shall be notified without delay of the provisional cessation of the performance and of the reasons therefor, and it shall be an opportunity to take part in the (2) The Agency for Work shall immediately repay a current operating performance, in so far as the communication from which the claim results, two months after the provisional suspension of the payment, does not have effect for the The past has been lifted. Unofficial table of contents

Section 332 Transition of claims

(1) The Agency for Work may, by means of a written notification to the person liable to pay, have the effect that claims of a person subject to the obligation to pay shall be entitled to benefits for the purpose of covering the subsisting period, in particular:

1.

pensions of social security,

2.

pensions under the Federal Pension Act and pensions granted under other laws in the appropriate application of the Federal Pension Act,

3.

pensions under the law governing the legal situation of persons covered by Article 131 of the Basic Law,

4.

Maintenance allowance under the maintenance allowance law for members of prisoners of war,

5.

Maintenance assistance under the burden-balancing act,

6.

Maternity benefit or special assistance under the Maternity Protection Act,

7.

Remuneration from an employment relationship which has existed during the payment of the service to be repaid,

shall be transferred to the Federal Agency at the level of the service to be repaid, unless the Federal Agency has, for the same reason, a claim for reimbursement in accordance with § § 102 to 105 of the Tenth Book. The transition shall be limited to claims which the repayable person is entitled to for the period in the past for which the benefits to be repaid have been granted. If the person liable to repayment has caused the undue respect of the performance intentionally or with gross negligence, the right to half of the current references to the Agency for Work shall also be entitled in the cases referred to in the first sentence of the first sentence of 1 to 5. to the extent that the repayable person does not require this part of the remuneration to cover their livelihood and the livelihood of their dependants. (2) The person liable to pay shall have his/her benefits in the amount of to the Federal Agency for the right to be transferred to the Federal Agency in accordance with paragraph 1. (3) Who, after The first sentence of the first subparagraph of Article 1 (1) to (5) shall be subject to notification of the receipt of an application for a pension, maintenance allowance or maintenance assistance from the Agency for work from which the applicant or the applicant last received benefits under the Book related. The obligation to provide information shall not be required if the receipt of these benefits is longer than three years at the time the application is submitted. References for a past time may be paid to the applicant at the earliest two weeks after the date of departure of the notification to the Federal Agency if, until the date of payment, an indication of the Agency for the work referred to in paragraph 1 is submitted. (4) The transfer of law shall not be ruled out by the fact that the claim cannot be transferred, pledged or paved. Unofficial table of contents

Section 333 Invoice

(1) If a compensation for compensation was wrongly obtained, because the claim was reduced due to the offsetting of secondary income or rested on account of a blocking period, the Agency may, for work with the right to reimbursement, be entitled to a claim to the (2) The right to repayment of benefits may be offset against a right to repayment of undue paid contributions to the employment promotion (3) The Federal Agency can use claims for a winter employment situation, Repayment of short-time allowance and supplementary benefits according to § 102, which have been provisionally provided, offset against claims for short-time allowance and winter money, which are subject to the employer's expenses; in this respect, the employer shall be deemed to be Eligible. Unofficial table of contents

Section 334 Pfändung von Benefits

In the event of a seizure of a cash benefit or refund claim, the Agency shall be deemed to be a third party debtor within the meaning of § § 829 and 845 of the Code of Civil Procedure for work that has decided or has to decide on the claim. Unofficial table of contents

Section 335 Refunding of contributions to health insurance, pension and nursing care insurance

(1) If contributions to statutory health insurance have been paid by the Federal Agency for a Relationship or for a beneficiary of unemployment benefit or maintenance allowance, the beneficiary or the recipient of these benefits shall have the Federal Agency the following: To the extent that the decision on the performance has been retroactively revoked and the performance has been reclaimed. If, for the period for which the service has been reclaimed, a further health insurance ratio has been passed, the body to which the contributions are based shall be reimbursed pursuant to Article 5 (1) (2) of the Fifth The Federal Agency has been paid the contributions paid for this period; the relationship between the recipient and the recipient shall be exempted from the replacement obligation in accordance with the first sentence; § 5 (1) No. 2, second half sentence, of the Fifth Book does not apply. If the two insurance relationships are carried out by various sickness insurance funds and were provided in the period during which the insurance relationships existed side by side, benefits were provided by the sickness insurance fund, where the person concerned or the person concerned was According to Section 5 (1) No. 2 of the Fifth Book, the German Federal Agency, the Federation of the Health Insurance Funds (§ 217a of the Fifth Book) and the Federal Insurance Office (Bundesversicherungsamt) are not entitled to the reimbursement of contributions in accordance with the second sentence of the second sentence. in its function as custodian of the health fund, the following may be provided for Reimbursement of contributions pursuant to sentences 2 and 3 shall be settled by agreement. The first sentence shall apply in so far as the Federal Agency has accepted contributions payable to a private insurance company for the duration of the service. (2) Contributions for insurers subject to the provisions of Section 5 (1) (2) of the Fifth Book, which have been granted a pension from the statutory pension insurance or transitional allowance from a rehabilitation institution responsible for contributing to the fifth book in accordance with section 251 (1) of the fifth book, the Federal Agency shall be the institution of the pension insurance institution or of the institution of the Replacement of rehabilitation-carriers, if and to the extent that Unemployment benefit or maintenance allowance is a claim by the Federal Agency against the institution of the pension insurance institution or the rehabilitation carrier. The first sentence shall be applied in cases where the unemployed person or the unemployed person is subject to the statutory pension insurance scheme for a benefit in respect of medical rehabilitation or participation in the working life of a transitional allowance or a pension Pension due to reduced earning capacity was granted (Section 125 (3)) and in the case of the transition from claims of the unemployed person to the federal government (§ 203). To replace

1.

by the pension insurance institution, the contribution shares of the insured pensioner or the insured pensioner and the institution of the pension insurance scheme, who would have had to pay for the same period out of the pension without the provision of this paragraph,

2.

by the rehabilitation carrier the amount which he would have had to pay as a health insurance contribution if the insured person had not been insured according to § 5 (1) No. 2 of the Fifth Book.

The institution of the pension insurance and the rehabilitation carrier are not obliged to pay contributions to the health insurance for the same time. The insured person is not obliged to pay for the same amount of time contributions from the pension to the sickness insurance. (3) The employer has the Federal Agency the contributions made in the case of § 157 (3) to the Federal Agency for the same period. To replace sickness and pension insurance in so far as it has to pay contributions to the sickness and pensions insurance of the employee or the employee for the same time. In this respect, he shall be exempted from his obligation to pay contributions to the sickness and pension insurance. The rates 1 and 2 apply correspondingly to the grant in accordance with § 257 of the Fifth Book. (4) On the basis of the receipt of unemployment benefit or maintenance allowance pursuant to § 157 (3), another health insurance company has carried out health insurance than the sickness insurance scheme. The sickness funds shall reimburse one another for contributions and benefits on the other hand, which is responsible for the employment relationship from which the person receiving the benefit or the recipient of the service is entitled to pay for remuneration. (5) For the contributions of the Federal Agency for Social Care Insurance for In accordance with Section 20 (1), second sentence, no. 2 of the Eleventh Book, paragraphs 1 to 3 shall apply mutatily to the insurance institution. Unofficial table of contents

§ 336 Performance legal bond

If the Deutsche Rentenversicherung Bund in the proceedings pursuant to § 7a (1) of the Fourth Book of the Book of Insurance is subject to the obligation to make insurance pursuant to this book by administrative act, the Federal Agency shall be responsible for the periods for which the insurance obligation is the effective administrative act is linked to this determination by performance. Unofficial table of contents

Section 336a Action of objection and action

The suspensive effect of contradiction and action is no longer required

1.

in the case of decisions to repeal or amend the work authorisations-EU,

2.

in the case of decisions which prohibit professional advice according to § 288a,

3.

in the case of calls pursuant to § 309, to contact the Agency for Work or any other service of the Federal Employment Agency in person.

In the case of decisions concerning the reduction or withdrawal of current benefits, the provisions of the Social Justice Act (§ 86a para. 2 no. 2) apply.

Fourth Section
Payment of cash benefits

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§ 337 Payment as a rule

(1) cash benefits shall be transferred to the account indicated by the person entitled to the benefit of a financial institution for which Regulation (EU) No 260/2012 of the European Parliament and of the Council of 14 March 2012 laying down the technical Rules and business requirements for credit transfers and direct debits in euro and amending Regulation (EC) No 924/2009 (OJ L 145, 31.5.2009, p. 22) shall apply. Cash benefits which are transferred to the residence or habitual residence of the person entitled to benefit are to be paid out by deducting the costs incurred as a result. Sentence 2 shall not apply if the person entitled to benefits proves that it is not possible to set up an account at a financial institution without fault of his own. (2) Cash benefits are regularly paid out monthly on a regular basis. (3) Other than current cash benefits shall be disbursed at the appropriate time by the decision on the application for performance or, in so far as the costs or costs are incurred only thereafter. Insolvency money shall be subsequently paid for the period for which it has been requested. Further training costs and participation costs are paid monthly in advance to the extent that they are not provided directly to the institution of the measure. (4) In order to avoid unreasonable hardship, adequate tee-off payments can be made.

Fifth Section
Calculation principles

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Section 338 General calculation principles

(1) calculations shall be carried out to two decimal places unless otherwise specified. (2) In the case of a calculation carried out at the decimal places, the last decimal place shall be increased by 1 if one of the following decimal places is concerned: Numbers 5 to 9 would result. (3) (omitted) (4) In the case of a calculation, a multiplication is carried out in front of a division. Unofficial table of contents

Section 339 Calculation of times

For the calculation of benefits is calculated one month with 30 days and one week with seven days. In the application of the rules on the performance of the period of entitlement to unemployment benefit as well as the rules on the duration of entitlement to unemployment benefit after the first section of the fourth chapter this book corresponds to one month 30 calendar days. The second sentence shall apply in the light of the application of the rules on the fulfilment of the necessary pre-employment periods and the provision on the duration of the right to transitional benefit following a completed benefit for participation in the Working life.

Footnote

(+ + + § 339 sentence 3: For application see Section 434g (3) + + +)

Tenth chapter
Financing

First section
Financing principle

Unofficial table of contents

Section 340 Application of appropriations

The services of the Federal Employment Agency and the other expenses of the Federal Employment Agency are financed by contributions from the insurance companies, employers and third parties (contribution to the promotion of employment), repayments, federal funds and other revenue.

Second section
Contributions and procedures

First subsection
Contributions

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Section 341 Contribution rate and contribution assessment

(1) The contributions are levied according to a percentage (contribution rate) of the contribution assessment basis. (2) The contribution rate is 3.0 per cent. (3) The contribution basis is the contributory income, which is up to the Contribution assessment limit shall be taken into account. For the calculation of the contributions is the week to seven, the month to thirty and the year to three hundred and sixty days, insofar as this book does not determine anything else. Contributory income shall be taken into account for the calendar day up to an amount of one-three-hundred-sixtieth of the contribution-rate limit. Revenue exceeding this amount shall not be taken as an approach unless otherwise specified in this book. (4) Contribution ceiling is the contribution ceiling of general pension insurance. Unofficial table of contents

Section 342-Income-related revenue

For persons who are employed, pay, persons employed for vocational training, but at least one wage in the amount of one per cent of the reference quantity, the contributor to the contributor is the contributor to the person concerned. Unofficial table of contents

§ 343

(dropped) Unofficial table of contents

Section 344 Special arrangements for revenue-related income

(1) For seafarers, the amount deemed to be subject to the right of the statutory accident insurance for the calculation of contributions shall be deemed to be the contributor. (2) For persons who have a duty immediately after an insurance obligation Voluntary service in the sense of the Youth Voluntary Service Act or the Federal Voluntary Service Act, is considered to be a contributor to the monthly reference quantity. This also applies if the youth voluntary service or the federal voluntary service is continued after an interruption which does not exceed six months. (3) For disabled people who are in a recognised workshop for disabled people (4) In the case of female workers, the amount of work actually paid is to be based on the actual salary actually achieved, but at least an amount equal to 20% of the monthly reference value. (4) Workers who are against a monthly salary up to the upper limit the track zone (section 20 (2) of the fourth book) is more than slightly employed, the amount of the contributor to the person liable to be paid shall apply in accordance with § 163 (10) sentences 1 to 5 and 8 of the Sixth Book accordingly. Unofficial table of contents

Section 345 Advisory-duty revenue of other insurance providers

The following shall be deemed to be a contributor to persons,

1.

which, in the case of vocational rehabilitation, receive benefits which are intended to enable them to work, or which are to be enabled in the provision of youth assistance for employment, a pay in the amount of a Fifths of the monthly reference size,

2.

which are subject to compulsory insurance as military service providers or as civil service providers (Section 25 (2) sentence 2, § 26 (1) no. 2), an amount of 40 per cent of the monthly reference quantity,

3.

which are subject to insurance as prisoners, a pay of 90 per cent of the reference size,

4.

which are trained as non-statutory members of sacred cooperatives or similar religious communities for the service in such a cooperative or similar religious community, a charge equal to the amount of the the amounts of money and in kind,

5.

who are liable to be insured as recipients of sickness benefit, health care allowance, injury or transitional allowance, 80 per cent of the amount of work or income on which they are based, with 80 per cent of the amount of the work being paid, to withdraw from an employment relationship subject to insurance contributions, while at the same time the receipt of sickness benefit in addition to another benefit, the income on which the sickness benefit is based is not to be paid consideration,

5a.

the sickness benefit in accordance with § 44a of the Fifth Book, the remuneration on which the service is based or the work income; where sickness benefit is paid in the amount of the compensation paid in accordance with this book, paragraph 5 shall apply;

5b.

the sickness benefit in accordance with § 45 (1) of the Fifth Book or injury-money pursuant to Article 45 (4) of the Seventh Book in conjunction with Section 45 (1) of the Fifth Book, 80 per cent of the current pay which has failed during the exemption period or the amount of work on which the performance is based,

6.

who are liable to be insured as recipients of sickness allowance, a remuneration of 70 per cent of the contribution rate applicable to the collection of contributions to statutory health insurance (§ 223 para. 3 sentence) 1 of the Fifth Book). For the calendar month, one twelfth and one for the calendar day shall be based on a three-hundred-sixtieth of the pay,

6a.

by a private health insurance company, by a federal state aid carrier, by another public service provider of costs in cases of illness at the federal level, by the institution of health care in the federal state, by the Carriers of troop medical care or public service providers of costs in cases of illness at the state level, to the extent that national law provides for this, benefits for the failure of work income in connection with a according to § § 8 and 8a of the transplant law donation of organs or tissues , the remuneration or labour income on which the benefits are based,

6b.

who are liable to be insured as recipients of care support money, 80 percent of the current pay, which is out of date during the exemption period,

7.

who are liable to be insured as female recipients of maternity benefit, a remuneration in the amount of the maternity allowance,

8.

which are subject to insurance during a period of care (Article 26 (2b)), a remuneration of 10 per cent of the monthly reference quantity, the reference quantity for the accession area being decisive if the place of activity is in the Accession area.

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Section 345a Flat-rate contributions

A total contribution shall be fixed for each calendar year for those persons who are liable to be insured as recipients of a pension on account of the full reduction in employment (Article 26 (2) (3)). The total contribution shall be

1.	for 2003	5 million euros,
2.	for 2004	18 million euros,
3.	for the year 2005	36 million euros,
4.	for the year 2006	19 million euros and
5.	for the year 2007	26 million euros.

The annual total annual contribution shall be changed in the following calendar year in the ratio in which:

1.

the reference size of social security,

2.

the number of persons receiving unemployment benefits from the receipt of a pension due to the full reduction of the labour force; and

3.

The average period of entitlement acquired through periods of receipt of a pension due to the full reduction of the labour force

of the previous calendar year to the corresponding values of the previous calendar year. The Federal Ministry of Labour and Social Affairs announcates the overall contribution of a calendar year up to 1 July of the same year in the Federal Gazette (Bundesanzeiger). Unofficial table of contents

Section 345b Revenue in the case of an insurance obligation on request

Persons who apply for an insurance obligation relationship on request shall be considered to be a contributor

1.

in the case of Section 28a (1) (1), a remuneration of 10 per cent of the monthly reference quantity,

2.

in cases of Section 28a (1) (2) and (3), a remuneration of the monthly reference quantity.

By way of derogation from point 2 of the first subparagraph of Article 28a (1) (2), a remuneration of 50% of the salary shall be deemed to have been paid by the end of one calendar year after the year of taking up the self-employed activity as a contributor responsible. monthly reference size. The reference quantity shall be decisive for the accession area if the place of activity is in the accession area.

Second subsection
Procedure

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Section 346 contribution to the contribution of employees

(1) The contributions shall be paid by half of the employees subject to insurance and by employers. Employers within the meaning of the provisions of this Title shall also be the contracting entities of homeworkers as well as institutions of extra-occupational training. (1a) In the case of employees subject to compulsory insurance, the persons responsible for their contributions shall be subject to the provisions of § 344 (4), the contributions shall be borne by way of derogation from the first sentence of paragraph 1.

1.

by employers, in the amount of half the amount resulting from the contribution rate applied to the remuneration on which the employment is based,

2.

by the rest of the employees subject to insurance.

(1b) By way of derogation from the first sentence of paragraph 1, the employer shall bear the contributions alone for apprentices who are trained in an extra-company body within the framework of a vocational training contract in accordance with the Vocational Training Act. (2) The employer the contributions shall be borne solely for persons with disabilities who are employed in a recognised workshop for disabled persons or in a blind workshop within the meaning of § 143 of the Ninth Book and whose monthly gross salary is one fifth of the total (3) For employees who are due to To complete the life year required for the regular retirement pension in the sense of the sixth book, the employers shall bear half of the contribution which would be payable if the employees were subject to insurance. The provisions of the third section of the Fourth Book and the provisions of Section 111 (1) Nos. 2 to 4, 8 and 4 of the Fourth Book are applicable to the contribution. Unofficial table of contents

Section 347 Beitragistration of other insured persons

The contributions shall be borne

1.

for persons who, in vocational rehabilitation centres, are to be given benefits in order to enable gainful employment, or who are to be enabled to work in institutions of youth assistance for employment, by the institution of the institution,

2.

for military service providers or for civil service providers after half of the contribution rate from the Federal Government,

3.

for detainees from the country responsible for the enforcement of the law,

4.

for non-statutory members of spiritual cooperatives or similar religious communities during the period of extracurricular training for the service in such a cooperative or similar religious community from the Spiritual co-operative or similar religious community,

5.

for persons receiving sickness benefit or injury benefits, half of them and the service providers, in so far as they are responsible for the performance, and for the other half by the service providers; the performers shall also bear the contributions on their own, insofar as they are the following services are payable:

a)

Supply sickness benefit or transitional allowance,

b)

Sickness benefit or injury-benefit in the amount of the compensation for remuneration in accordance with this book or

c)

a service that is calculated on a monthly salary not exceeding 450 euros,

5a.

for persons receiving sickness benefit according to § 44a of the Fifth Book, from the service provider,

6.

for persons receiving sickness allowance from private health insurance companies,

6a.

for persons who receive benefits for the loss of employment in connection with a donation of organs or tissues according to § § 8 and 8a of the Transplant Act, from the place which provides the service; will the In the case of a number of posts, the contributions shall be proportional to the contributions,

6b.

for persons receiving care support allowance, half of the benefit to be paid by the persons or recipients of the benefit, in so far as they account for the benefit of the person,

a)

from the care fund, if the person in need or the person in need of care is insured in the social care insurance,

b)

by the private insurance company, if the person or persons in need of care are insured in the private care compulsory insurance,

c)

as part of the fixing point for the aid or the service provider or the private insurance company or the private insurance undertaking, where the person or persons in need of care are entitled to aid or health care insurance and in the social care insurance scheme or is insured with a private insurance undertaking;

the contributions shall be borne solely by the bodies responsible for providing the service, if the remuneration on which the service is based does not exceed EUR 450 per month,

7.

for persons who are liable to be insured as recipients of a pension on account of the full reduction in employment, by the service providers,

8.

for persons who are liable to be insured as persons receiving maternity benefit, from the service providers,

9.

(dropped)

10.

for persons who are subject to insurance during a period of care (Article 26 (2b)) and a person who is responsible for the care of the person who is responsible for the

a)

caring for the person in need of care in the social care insurance scheme, from the care fund,

b)

Care in the private care compulsory insurance insured person, from the private insurance company,

c)

care for the person in need of care who receives aid or benefits from the health care and benefits of a care fund or a private insurance company due to the need for care, from the point of detention for the aid or from the Dienstherrn and the care insurance fund or the private insurance company pro rata.

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Section 348 Contribution payment for employees

(1) The contributions shall, in so far as nothing is determined, be paid by the person or the person who has to bear it. (2) For the payment of the contributions from remuneration in the case of employment subject to insurance, the contributions shall apply to the contributions. Provisions of the fourth book on the overall social insurance contribution. Unofficial table of contents

Section 349 Contribution payment for other insurers

(1) For the payment of contributions for persons receiving vocational rehabilitation services which are intended to enable them to gainful employment, or who are able to work in institutions of youth assistance in the field of employment (2) The contributions for military service providers, for civil service providers and for prisoners are to be paid to the Federal Agency. (3) The contributions for persons who are responsible for the payment of the contribution to the service of the German Federal Ministry of Defence and the Social benefits are to be provided by the service providers to the Federal Employment Agency pay. The Federal Agency and the service providers regulate the payment and settlement of contributions by agreement. (4) The contributions for persons receiving sickness allowance are to be paid by the private health insurance companies to the Federal Agency to pay. The contributions may be paid by setting up this branch of industry. With this institution, the Federal Agency may agree on payment, collection and settlement; it may also agree that the contribution settlement shall mean statistical averages on the number of employees for which the Contributions are to be paid, and are based on periods of incapacity for work. The Federal Agency shall reimburse administrative costs for the entry of contributions of ten per cent of the contributions, if the contributions are not paid in accordance with the second sentence. (4a) The contributions for persons who as caregivers during a In the event of a period of insurance (§ 26 para. 2b), they must be paid to the Federal Employment Agency by the authorities who have to pay the contributions. The contributions for recipients of care support allowance are to be paid to the Federal Agency by the authorities who have to provide the service. The Association of Private Health Insurance Funds, the Association of Private Health Insurance Funds, can provide information on the procedure for paying contributions and invoicing of the contributions. V., the Enforcement Agencies for the Aid, the Federal Insurance Office and the Federal Agency by agreement. (4b) The contributions for persons who provide benefits for the loss of employment income in connection with a work according to § § 8 and 8a The donation of organs or tissues shall be paid to the Federal Agency by the bodies which have to bear the contributions. (5) In order to pay the contributions referred to in paragraphs 3 to 4b and for the payment of contributions for prisoners, the rules on the collection of contributions to be paid to the catchment bodies shall apply mutagenic to, in so far as the particularities of the contributions are not in conflict; the Federal Agency is entitled to check the contribution payment. The payment of the contributions referred to in paragraph 4a shall take the form of a total contribution for the calendar year in which the period of care or the care allowance has been used (contribution year). By way of derogation from § 23 (1) sentence 4 of the Fourth Book, the total contribution shall be due at the latest in March of the year following the contribution year. Unofficial table of contents

Section 349a Contribution of contribution and contribution payment in case of an insurance obligation

Persons who give reasons for an insurance obligation on request shall bear the contributions alone. The contributions are to be paid to the Federal Agency. § 24 of the Fourth Book does not apply. Unofficial table of contents

Section 350 Reports of social insurance institutions

(1) The catchment points (§ 28i Fourth Book) have to inform the Federal Agency of the number of persons liable to insurance according to this book per month. The Federal Agency may consult the business records and the statistics of the catchment bodies to the extent that this is necessary for the performance of their tasks. (2) The institutions of the Social Security shall have the Federal Agency at the request of the Federal Agency. to submit existing business records and statistics to the extent that this is necessary for the performance of the tasks of the Federal Agency. Unofficial table of contents

Section 351 Advisory

(1) By way of derogation from Article 26 (2) of the Fourth Book, the amount to be reimbursed shall be deemed to be reduced by the amount of the benefit paid in the erroneous acceptance of the insurance obligation. Section 27 (2) sentence 2 of the Fourth Book does not apply. (2) The contributions shall be reimbursed by

1.

the Agency for Work in whose district the place where the contributions have been paid shall be the place where the contributions have been paid,

2.

the Regional Directorate, if the payment of contributions was made on account of the payment of social benefits or sickness allowance;

3.

the relevant catchment body or the service provider, insofar as the Federal Agency has agreed to this with the catchment bodies or the service providers.

Third Subsection
Authorisation of regulations, authorisation and authorisation to enact administrative provisions

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Section 352 Regulation authorisation

(1) The Federal Government is empowered to determine by means of a regulation, in accordance with the financial situation of the Federal Agency, and taking into account the employment and economic situation and its probable development, that the contributions shall be (2) The Federal Ministry of Labour and Social Affairs is authorized to do so by means of a legal regulation

1.

in agreement with the Federal Ministry of Finance, the Federal Ministry of Defence and the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth, a flat-rate calculation as well as the due date, payment and settlement for a total contribution to require military service providers and for a total contribution of the civil service providers; it may be based on an estimated average number of contributors to the service and take account of the specific features of the service providers the composition of this group of persons with regard to the basis of assessment and the rules on the period for which the unemployment benefit is to be paid,

2.

to regulate the details of the payment, collection and settlement of contributions to be paid by private health insurance companies.

(3) The Federal Ministry of Labour and Social Affairs is authorized to prescribe, with the consent of the Federal Council, a flat-rate calculation for the contributions of the prisoners and the countries responsible for the management of the prisons by means of a legal regulation and the Number of rules. Unofficial table of contents

Section 352a Order authorisation

The Federal Agency shall be authorized to determine by order the details of the application procedure, the termination, the due date, payment and settlement of the contributions in the case of an insurance obligation relationship on request (§ 28a). Unofficial table of contents

Section 353 authorizing the adoption of administrative provisions

The Federal Ministry of Labour and Social Affairs may, with the approval of the Federal Council, enact administrative provisions for the implementation of social insurance institutions ' reports.

Third Section
Relocations

First subsection
Winter employment situation

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Section 354 Principle

The appropriations for the additional services referred to in § 102 shall be included in the economic activities determined by the Regulation in accordance with Article 109 (3), including the administrative costs and the other costs associated with the granting of these benefits. by reposition. The situation shall be applied in the light of agreements entered into by the parties to the collective agreements of the economic activities of employers, or jointly by employers and employees, and shall be separated from the branches of the construction industry and other sectors of the economy. Unofficial table of contents

§ 355 Height of the transhipment

The situation is calculated on a monthly basis in the individual branches of the construction industry and in other economic activities affected by seasonal work stoppage, according to a percentage of the gross earnings of the workers employed there, and Employees who are entitled to receive additional services pursuant to § 102. The administrative costs and other costs may be paused and taken into account for the various economic activities in proportion to the shares in expenditure. Unofficial table of contents

Section 356 Reaction

(1) Employers shall be responsible for the transfer of the sums concerned by means of the joint establishment of their economic activities or via a compensation fund. This shall also apply if the transfer is applied jointly by employers and employees; in these cases, § 28e (1) sentence 1 and § 28g of the Fourth Book shall apply accordingly. Costs shall not be reimbursed to the common body or to the compensation fund. The Federal Agency may agree on a simplified settlement procedure with the joint institution or the compensation fund, thereby giving up individual evidence. (2) Employed employers to which the collective agreements on the common Institutions or compensation funds shall not apply, the amounts of the repayment shall be made directly to the Federal Agency. They have to reimburse the Federal Agency for the additional expenses for the collection. Unofficial table of contents

Section 357 Regulation empowerment

(1) The Federal Ministry of Labour and Social Affairs is authorized to act in accordance with the law

1.

the level of the lump-sum administrative costs to be applied by the transfer in individual sectors of the economy,

2.

the respective percentage for the calculation of the transfer, a common traation of the transfer by employers and employees and, in the case of joint support, the respective shares,

3.

for the calculation of the conversion, the components of gross earnings in the individual branches of the construction industry and other sectors affected by seasonal work stoppage,

4.

the level of the flat rate for the additional expenses in cases where the employers do not depart from a common facility or a compensation fund,

5.

the conditions for payment of the transfer amounts in longer settlement intervals and

6.

Further information on the payment and recovery of the transfer

(2) In determining the respective percentage, account should be taken of the additional benefits which may be made in accordance with § 102. The percentage shall be fixed in such a way as to ensure that the revenue from the transfer is sufficient, taking into account any existing shortfall or surpluses for the various sectors of the economy, in order to meet the likely needs of the The Federal Agency for the expenses according to § 354 sentence 1 to be covered.

Second subsection
Conversion for the insolvency allowance

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Section 358 Application of appropriations

(1) The funds for the payment of the insolvency money shall be applied by a monthly transhipment from the employers. The Federal Government, the Länder, the municipalities and bodies, foundations and institutions of public law, over whose assets insolvency proceedings are not admissible, and such legal persons under public law, in which the Federal Government, Land or a municipality by law guarantees solvency, and private households are not included in the levy. (2) The levy is to be levied according to a percentage of the pay (conversion rate). The principal is the remuneration according to which the contributions to the statutory pension insurance for the employees employed in the holding are to be measured or in the case of an insurance obligation in the statutory Pension insurance should be measured. For the time of the payment of short-time allowance, seasonal short-time allowance or transfer short-time allowance, the amounts paid are calculated on the basis of the actual earnings to be paid up to the ceiling of the statutory pension insurance scheme. (3) the expenses to be covered by the transfer

1.

the insolvency allowance, including the total social insurance contribution paid by the Federal Agency,

2.

administrative costs and

3.

the cost of the transfer of the transfer and the examination of the employers.

The costs for the transfer of the transfer and the examination of the employers will be lump-sum. Unofficial table of contents

Section 359 Relocation and transfer of the transfer

(1) The transfer is to be paid to the catchment body together with the total social insurance contribution. The provisions of the fourth book applicable to the total social insurance contribution shall be applied in accordance with the provisions of this Act, unless otherwise specified. (2) The catchment body shall direct the transfer, including interest and sow surcharges. worked on the federal agency. Unofficial table of contents

§ 360 levy rate

The conversion rate is 0.15 per cent. Unofficial table of contents

Section 361 Regulation empowerment

The Federal Ministry of Labour and Social Affairs is authorized by law with the consent of the Federal Council

1.

to determine, in agreement with the Federal Ministry of Finance and the Federal Ministry of Economic Affairs and Technology, to compensate for surpluses or mismanagement, taking into account the employment and economic situation, that the transfer in each case for a calendar year according to a levy rate deviating from § 360, a lower levy rate shall be set if the reserve has the average annual expenses of the previous five calendar years , and a higher if the defect exceeds the average the annual expenses of the preceding five calendar years,

2.

the amount of the flat rate for the costs of the transfer of the transfer and the examination of the employers after consultation of the Federal Agency, the German Pension Insurance Association, the Association of the Federal Government of the Health Insurance Fund and the Social Security for Agriculture, Forsten and horticulture as well as the Deutsche Rentenversicherung Knappschaft-Bahn-See (German Pension Insurance).

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§ 362 (omitted)

Fourth Section
Participation of the Federal Government

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Section 363 Funding from federal funds

(1) The Federal Government shall bear the expenses for the tasks the Federal Government has carried out on the basis of this book by the Federal Agency. Administrative costs of the Federal Agency shall not be reimbursed. (2) The Federal Government shall bear the expenses for the further tasks which the Federal Agency has entrusted to the Federal Agency by law. To this end, the Federal Agency shall be reimbursed the administrative costs, unless otherwise specified in the relevant law. Unofficial table of contents

Section 364 liquidity assistance

(1) The Federal Government shall provide the liquidity assistance necessary for the maintenance of a proper cash management as an interest-free loan, if the funds of the Federal Agency are not sufficient to meet the payment obligations. (2) The loans are to repay as soon as and to the extent that the revenue exceeds the expenditure at the end of one day. Unofficial table of contents

Section 365 Stundung of loans

If the Federal Agency cannot repay loans from the Federal Government as liquidity assistance until the end of the financial year, the repayment shall be deemed to have been stashed up to the end of the following financial year.

Fifth Section
Reserve and Supply Funds

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Section 366 Education and investment of the reserve

(1) The Federal Agency shall form a reserve from the surpluses of the expenditure on expenditure. (2) Insofar as in one financial year the revenue from a transfer exceeds the expenditure to be paid, the surpluses of the revenue shall be: (3) The reserve must be laid down according to economic principles in such a way that up to the full amount of the reserve the payment capacity of the Federal Agency is guaranteed. The Federal Agency may, with the agreement of the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Finance, adopt administrative provisions relating to the investment of the reserve. Unofficial table of contents

Section 366a Supply Fund

(1) In order to finance expenditure on supply (supply and aid) for:

1.

Beneficiaries of the supply,

2.

Officials and civil servants, and

3.

Employees who are eligible for civil service legislation or principles,

A special fund of the Federal Employment Agency will be established under the name "Supply Fund of the Federal Employment Agency". This does not apply to persons in the civil service relationship on revocation. (2) The special fund "Supply Fund of the Federal Employment Agency" shall be formed from:

1.

a one-time assignment of the Federal Agency,

2.

the collection of funds, including interest, paid by the Federal Agency in the Federal Government's supply reserve and in the Federal Government's Supply Fund under the Supply Law for the Return of Supply

3.

from regular allocations from the Federal Agency,

4.

the amounts resulting from the provisions of Section 14a (2) to (3) of the Federal Law on Wages and

5.

the income of the supply fund.

(3) The one-time allocation referred to in paragraph 2 (1) shall be used to finance the pension rights of all supply recipients of the Federal Employment Agency at the time of the establishment of the Federal Employment Agency's Supply Fund; and is 2.5 billion euros. It shall be transferred from the reserve of the Federal Agency pursuant to § 366 to the Supply Fund at the time of its establishment. (4) The periodic allocations referred to in paragraph 2 (3) shall be used to ensure the supply of the products referred to in paragraph 1 (2) and (3). To cover the group of persons of the Federal Agency. The amount of the monthly allocation for each person shall be determined on the basis of percentages of the relevant ruheyable remuneration or payment of charges on the basis of actuarial calculations and shall be regular check. The Federal Ministry of Labour and Social Affairs, with due regard for the liquidity of the special assets, shall lay down the amount and the procedure for the assignment and the procedure of the review by means of a legal regulation in agreement with the Federal Ministry of the Finance. Taking into account the outflows, the solvency of the special assets shall be ensured at any time. The Federal Ministry of Labour and Social Affairs may, in agreement with the Federal Ministry of Finance, delegate the power of sentence 3 to the Executive Board of the Federal Agency by means of a legal regulation. For civil servants who have been granted leave of absence according to § 387 (3) to (6) or who have been recognised as having been held in a ruthlehold state, regular assignments on the basis of the respective ones without the leave of absence shall be (5) The Supply Fund is a non-legally-capable special fund of the Federal Agency. The Federal Agency has to manage the supply fund separately from its other assets. It has to draw up an annual economic plan that requires the approval of the federal government. For each financial year, an annual statement shall be drawn up on the basis of the economic plan, showing the stock of the supply fund, the revenue and expenditure, and the claims and liabilities. The annual accounts are to be submitted to the Federal Ministry of Labour and Social Affairs at the end of the second month of a financial year. (6) The administration of the funds of the Federal Agency's Supply Fund is transferred to the German Federal Bank. The funds of the pension fund, including income, are based on the principles and guidelines applicable to the Federal Government's Supply Fund under the Supply Law, on the basis of a yearly basis by the Federal Agency to manage and invest in the long-term planning of net allocations and outflows. The Federal Agency and the Deutsche Bundesbank shall conclude an agreement on the termination of the one-off allocation pursuant to paragraph 2 (1). (7) The Federal Agency shall be responsible for all supply expenses of the Federal Agency from the Federal Republic of Germany. .

Eleventh chapter
Organisation and data protection

First section
Federal Employment Agency

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§ 367 Federal Employment Agency

(1) The Federal Employment Agency (Bundesagentur) is a legally competent federal body of public law with self-government. (2) The Federal Agency is divided into a head office at the upper administrative level, regional directorates at the middle management level and agencies for work at the local administrative level. The Federal Employment Agency can set up special services. (3) The regional directorates are responsible for the success of regional labour market policies. The Federal Agency is based in Nuremberg, Germany, for the coordination of the work support services with the labour market, structural and economic policies of the Länder. (4) The Federal Agency is based in Nuremberg. Unofficial table of contents

Section 368 Tasks of the Federal Agency

(1) The Federal Agency shall be the administrative institution responsible for carrying out the tasks referred to in this book. The Federal Employment Agency (Bundesagentur für Arbeit) shall, on the basis of national and international law, take up the function of the liaison body for the tasks referred to in Article 1 (1) of the Treaty. this book or after the Second Book. These include in particular:

1.

coordination of administrative assistance and exchange of data in cross-border situations in the field of unemployment benefits;

2.

Information, advice and information.

(2) The Federal Agency may provide services to the federal authorities within the framework of the provisions of the Council of IT officers in the areas of Internet web hosting, service identification with electronic signature, printing and enveloping services and archiving of electronic information objects, in so far as this does not affect their tasks assigned to them by this law or other federal laws or by reason of these laws. Any costs incurred will be reimbursed. The Federal Government may, with the consent of the Federal Council, assign to the Federal Government, with the consent of the Federal Council, other tasks related to the tasks of the Federal Government in accordance with this Book. The implementation of fixed-term labour market programmes may be entrusted to the Federal Agency by administrative arrangement. (4) The regional directorates may, with the agreement of the head office, be able to carry out temporary contracts by means of a management agreement. Labour market programmes of the Länder. (5) The agencies for work can regulate the cooperation with counties and municipalities in administrative arrangements. Unofficial table of contents

Section 368a

(dropped) Unofficial table of contents

Section 369 Special features of the court of jurisdiction

If an action against the Federal Agency refers to the role of a Regional Directorate or an Agency for Work, and if the seat of the Federal Agency is decisive for the local jurisdiction of the General Court, the action may also be brought before the Court of First Instance. in the district of which the Regional Directorate or the Agency for Work has its head office. Unofficial table of contents

Section 370 Participation in companies

The Federal Agency may acquire membership in associations and, with the agreement of the Federal Ministry of Labour and Social Affairs, as well as the Federal Ministry of Finance, establish companies or participate in companies if this is the case. It is appropriate to carry out its tasks in accordance with this book.

Second section
Self-management

First subsection
Constitution

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Section 371 Self-governing bodies

(1) As self-governing bodies of the Federal Agency, the Administrative Board and the management committees are formed at the agencies for work. (2) The self-governing bodies have to monitor the administration and in all current issues of the to advise on the labour market. They shall receive the information necessary for the performance of their duties. (3) Each self-governing body shall adopt its rules of procedure. The Rules of Procedure shall be adopted by at least three quarters of the members. (4) The Federal Agency shall act without self-government, insofar as it is subject to supervision. (5) The self-governing bodies shall be composed of equal parts Members representing employees, employers and public bodies. A substitute shall be admissible only in the absence of the Member. A member who represents the public authorities cannot preside over a self-governing body. (6) The members of the self-governing bodies perform their duties on a voluntary basis. They may not be impeded in the take-over or exercise of the honorary office or are not penalised for the taking-over or pursuit of such an office. (7) Deputy Members shall have the rights for the time in which they represent Members. (8) § 42 of the Fourth Book shall apply accordingly. Unofficial table of contents

§ 372 Articles of Association and Regulations

(1) The Federal Agency shall have a statute. (2) The Articles of Association and the orders of the Administrative Board shall be subject to the approval of the Federal Ministry of Labour and Social Affairs. (3) The Articles of Association and the Regulations shall be made public. If another date is not determined, they shall enter into force on the day following the date of their publication. The Art of the Notice is governed by the Articles of Association. (4) The Federal Ministry of Labour and Social Affairs may, instead of the orders provided for under this Act, issue legal regulations if the Federal Agency does not within four Months after the Federal Ministry of Labour and Social Affairs requested it to adopt an order or adapt it to changed circumstances. Unofficial table of contents

§ 373 Board of Directors

(1) The Board of Directors shall monitor the Management Board and the Administration. The Board of Management may request the Management Board to carry out exams through the internal audit. (2) The Board of Directors may request information from the Management Board at any time on the management of the Board of Directors. A single member of the Board of Directors may also require a report, but only to the Board of Directors; if the Board of Management rejects the reporting, the report may only be required if the majority of the Group who submitted the application (3) The Statutes may stipulate that certain types of transactions may only be made with the consent of the Board of Directors. If the Board of Directors refuses to give its consent, the Board of Directors may require the Federal Ministry of Labour and Social Affairs to decide. (4) If the Board of Directors considers that the Management Board has breached its obligations, the Board of Directors may decide to: (5) The Board of Directors decides on the statutes and adopts the orders under this Act. (6) The Board of Directors consists of 21 members. Each group can nominate up to five alternates. For the group of public bodies, the members of the Board of Directors, who are appointed on a proposal of the Federal Government, and the members of the Administrative Board, who have been appointed to the Board of Directors on a proposal from the Bundesrat, may two alternate members and the member appointed to the Administrative Board on a proposal by the municipal leaders ' associations shall appoint one alternate member. Unofficial table of contents

Section 374 Administrative committees

(1) A Management Committee shall be present at each Agency for Work. (2) The Management Committee shall supervise and advise the Agency for the performance of its tasks. (3) If the Management Committee considers that the Management Board has failed to fulfil its obligations, it may present the matter to the Management Board. (4) The number of members of the Management Committees shall be the responsibility of the Management Board. Board of Directors, the number of members may not exceed 15. Each group can nominate up to two alternates. Unofficial table of contents

Section 374a

(dropped) Unofficial table of contents

Section 375 Term of office

(1) The term of office of the members of the self-governing bodies shall be six years. (2) The members of the self-governing bodies shall remain in office after the end of their term of office until their successors have been appointed. (3) A member shall be divorced before the end of the period of office. (4) The term of office of the alternates shall end with the term of office of the members of the self-governing bodies. Unofficial table of contents

§ 376 Compensation of the volunteers

The Federal Agency shall reimburse the members and the deputy members of the self-governing bodies of their cash outlays and shall provide compensation. The Management Board may decide on fixed rates.

Second subsection
Appointment and dismise

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Section 377 vocation and dismise of the members

(1) The members and the deputy members of the self-government shall be appointed. (2) The appointment shall be made with members of the Board of Directors by the Federal Ministry of Labour and Social Affairs and by members of the Management Committees. by the Management Board. The professional body must take women and men into account with the aim of their equal participation in the groups. If there are proposals from a number of proposals, the seats shall be distributed proportionally to the minorities. (3) A member shall be dismissed if:

1.

a condition for his appointment, or if it turns out subsequently that it has not been located,

2.

the Member grossly violates his official duties,

3.

the proposed body is requesting it, or

4.

the Member is requesting.

A convocation at the request of the group entitled to the proposal shall be made in the case of the groups of employees or employers only if the members have been excluded from their organisations or have been expelled or if the members of the group have been excluded from the (4) For the appointment of the alternates, the first and second sentence of the second sentence of paragraph 2, the first sentence of the first sentence of paragraph 3, and the fourth sentence of paragraph 3, and the provisions of Section 378, shall apply. An alternate member shall be dismissed if the appoints group so requests. Unofficial table of contents

§ 378 employability

(1) As members of the self-governing bodies, only Germans who have the right to stand as a candidate for election to the German Bundestag, as well as foreigners who have their habitual residence legally in the federal territory and who have the right to vote in the Federal Republic of Germany, can only be granted The requirements of § 15 of the Federal Elections Act, with the exception of the conditions dependent on nationality, are fulfilled. (2) Employees and civil servants of the Federal Agency cannot be members of the Federal Elections Act. of the self-governing bodies of the Federal Agency. Unofficial table of contents

Section 379 Authorized Bodies

(1) The members of the groups shall be entitled to the right of proposal

1.

the workers unions who have concluded collective agreements and their associations,

2.

the employers ' associations, which have concluded collective agreements, and their associations,

which are of vital importance for the representation of employees 'or employers' interests. For the administrative committees of the agencies for work, only the trade unions responsible for the district and their associations, as well as the employers ' associations and their associations, are entitled to the proposal. (2) Group of public bodies on the Board of Directors

1.

the Federal Government for three members,

2.

the Federal Council for three members and

3.

the top associations of the municipal self-governing bodies for one member.

(2a) (a) (3) The joint legal supervisory authorities of the municipalities of the Agency for Work shall be entitled to a proposal for the members of the Public Authorities Group in the Management Committees; and Municipal associations or, as far as the supreme state authorities are concerned, the authorities designated by them. The municipalities and municipal associations of the Agency for Work are entitled to propose persons to the competent authority. Some of them are bound by a proposal, the competent authority is bound by it; in the other case, it shall be proposed by persons who have to work for the municipalities or associations of the municipalities concerned or for them. If a common municipal supervisory authority does not exist and the municipal supervisory authorities concerned do not agree, the right of proposal by the supreme state authority or the body designated by it shall be the subject of the right of proposal. Members of the public authorities may only be representatives of the municipalities, of the municipal associations or of the common municipal authority in whose territory the district of the Agency for Work is located, and which shall be responsible for the (4) (to be taken away)

Third Subsection
Neutrality Committee

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Section 380 Neutrality Committee

(1) The neutrality committee, which holds findings on certain conditions relating to the resting of the unemployment benefit in the event of unemployment, consists of:

1.

three members who belong to the group of employees on the board of directors,

2.

three members who are members of the Group of Employers on the Board of Directors, and

3.

the chairman of the board or the chairman of the board.

The group of employees as well as the group of employers shall determine the persons representing them by a simple majority. Chairman or Chairman is the Chairman or Chairman of the Board of Management. She or he represents the neutrality committee before the Federal Social Court (Bundessozialgericht). (2) The provisions concerning the institutions of the Federal Agency shall apply mutagenicity to the extent to which special features of the neutrality committee are not in conflict.

Third Section
Management and Management

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Section 381 Executive Board of the Federal Agency

(1) The Management Board shall head the Federal Agency and conduct its operations. He represents the Federal Employment Agency (Bundesagentur) and out of court. (2) The Board of Directors consists of one or one chairman and two other members. The chairman of the Executive Board of the Federal Employment Agency (Bundesagentur für Arbeit) or "Chairman of the Executive Board of the Federal Employment Agency", the other members lead the term "Member of the Executive Board of the Federal Employment Agency" or "Chairman of the Executive Board of the Federal Employment Agency". Federal Employment Agency ". (3) The Chairman of the Board of Management or the Chairman of the Board of Management shall determine the guidelines of the Management Board and shall be consulted when appointing the other members of the Management Board. Within these guidelines, each member of the Executive Board shall carry out the duties of his/her business independently. (4) The Management Board shall adopt its rules of procedure, which shall require the approval of the Management Board. The Rules of Procedure shall, in particular, determine the division of business in the Board of Directors, as well as the deputy and the conditions for decision-making. (5) Members of the Management Board may not be members of the Board of Directors. They shall be entitled to participate in the meetings of the Management Board. You can take the floor at any time. (6) The Board of Management has to report regularly and on an important occasion to the Board of Directors and, on request, to provide it with information on the management of the Federal Agency at any time. Unofficial table of contents

Section 382 Legal status of the members of the Management Board

(1) The Chairperson and the other members of the Board of Management shall be appointed by the Federal Government on a proposal from the Board of Directors. If no proposal of the Board of Directors takes place within four weeks, despite the request of the Federal Government, the right of proposal shall be issued. If the proposal of the Board of Directors does not find the consent of the Federal Government, the Board of Directors may submit a new proposal within four weeks. The Federal Government's right of final decision remains unaffected by this procedure. (2) The Chairman and the other members of the Executive Board are in a public-service relationship. You will be appointed by the President of the Federal Republic of Germany or the Federal President. The term of office of the members of the Executive Board shall be five years. A number of terms of office are permitted. (3) The duties of the members of the Management Board shall begin with the handing out of the certificate of appointment if a later date is not determined in the document. It ends with the expiry of the term of office, reaching the age limit pursuant to § 51 (1) and (2) of the Federal Civil Service Act or dismissal. The President of the Federal Republic of Germany, or the President of the Federal Republic of Germany, dismiss a board member at his request A dismissal also takes place on a decision of the Federal Government or the Administrative Council with the consent of the Federal Government, if the relationship of trust is disturbed or there is an important reason. In the event of termination of the term of office, the board member receives a certificate completed by the President of the Federal President or the Federal President. A dismissal shall be effective with the handing out of the certificate. At the request of the Board of Directors with the agreement of the Federal Ministry of Labour and Social Affairs, a Management Board member is obliged to continue the business until the appointment of a successor or a successor. (4) The members of the Even after the termination of their term of office, they have to maintain secrecy over the matters which have become officially known to them. This shall not apply to communications in the field of service or to facts which are manifestly obvious or which do not require secrecy. (5) The members of the Board of Management may not hold any other spilled office, no business, nor any other do not pursue a profession and do not belong to the management of an acquisition company or to a government or legislative body of the Federation or of a country. They are not allowed to issue out-of-court opinions for consideration. The consent of the Federal Ministry of Labour and Social Affairs is to belong to a Supervisory Board, Board of Directors, Advisory Board or any other body of a public or private company or other entity. (6) In addition, the legal relationships of the members of the Management Board, in particular the salary and pension rights and the liability, shall be governed by contracts which govern the Federal Ministry of Labour and Social Affairs concludes with the members of the Executive Board. The contracts must be approved by the Federal Government. The enforcement of the contractual arrangement is the responsibility of the Federal Agency. (7) If a federal civil servant or a federal civil servant is appointed a member of the board of management, the rights in the civil service relationship shall be laid down for the duration of the term of office. Obligations other than the duty of confidentiality and the prohibition of acceptance of rewards or gifts. Sentence 1 shall apply at the latest until entry or up to retirement. (8) Ends the official relationship referred to in paragraph 2 and if the person concerned is not subsequently appointed to the federal government in a different public-law relationship Civil servants, if they are not transferred to another office within three months under the conditions laid down in Section 28 (2) of the Federal Civil Service Act or similar national regulations, by the end of that period from their Employment as a civil servant in the official retirement age, provided that: have not yet reached the legal age limit. Unofficial table of contents

Section 383 Management of the agencies for work

(1) The agencies for work shall be headed by a managing director, a managing director or a management board. A management board consists of one or one chairman and up to two other members. (2) The managing director, the managing director or the members of the executive board are appointed by the board of directors. The Management Board shall consult the Management Committees on the candidates selected by the Management Board. (3) The Managing Director, the Managing Director or the members of the Management Board shall be entitled to attend the meetings of the Management Committee. In the You can take the floor at any time. (4) The managing director, the managing director or the executive management have to report regularly and on an important occasion to the management committee and, on request, inform him of the transactions at any time. of the Agency for Work. Unofficial table of contents

Section 384 Management of the regional directorates

(1) The regional directorates shall be managed by a management board. The Management Board consists of one or one chairman and two other members. (2) The members are appointed by the Management Board; before the appointment of the Chairmen of the Management Board, the Board of Management has the Board of Directors and the to hear the state governments involved. Unofficial table of contents

Section 385 Representative for equal opportunities in the labour market

(1) The agencies for work, the regional directorates and the head office are responsible for ordering full-time representatives of equal opportunities in the labour market. They are directly assigned to the respective service positions. (2) The representatives for equal opportunities in the labour market support and advise employers, employees and their organisations in higher-level questions. the promotion of women, the equality of women and men in the labour market and the reconciliation of family and working life in both sexes. These include, in particular, questions relating to vocational training, the professional entry and advancement of women and men after a family phase, as well as with regard to flexible working time arrangements. In order to ensure the equal participation of women in the labour market, they cooperate with the bodies of their district working in the field of women's employment. (3) The representatives of equal opportunities in the labour market are women's and women's labour market. the family-friendly technical task of their services. They have an information, advice and proposal right on issues that have an impact on equal opportunities for women and men in the labour market. (4) The agents for equal opportunities in the labour market can work with the agencies for work. are entrusted with further tasks to the extent that the assignment of duties as commissioner for equal opportunities on the labour market allows this. In cases of conflict, the Management Committee shall decide. Unofficial table of contents

§ 386 Internal Audit

(1) The Federal Agency shall ensure, through organisational measures, that in all departments it is checked by its own staff not belonging to the service, whether services have not been provided in compliance with the statutory provisions could have been used or could have been more appropriate or more economic. Third parties can be entrusted with carrying out the examinations. (2) The audit staff of the Federal Agency is subject, for the time of its audit work, directly to the management of the office in which it is employed. (3) The Board of Management lays down The internal audit reports shall be submitted without delay to the Management Board. Representatives of the internal audit are entitled to participate in the meetings of the Board of Directors when their reports are the subject of the deliberations. You can take the floor at any time. Unofficial table of contents

Section 387 Staff of the Federal Agency

(1) The staff of the Federal Agency shall consist primarily of employees. The civil servants of the Federal Agency are federal officials. (2) Supreme Service Department for the officials of the Federal Employment Agency is the board of directors. In so far as civil service legislation allows the transfer of the powers of supreme service authorities to subordinate authorities, the Management Board may, within the framework of these rules, be able to rely on the managing directors, managing directors or directors. Chairman of the business management of the agencies for work, on the chairpersons of the management of the regional directorates and on the lines of the special services. § 144 (1) of the Federal Officials Act and Section 83 (1) of the Federal disciplinary law remain unaffected. (3) Officials of the Federal Employment Agency may apply for the performance of a main professional activity in a temporary work or employment contract, or Employment relationship with the Federal Employment Agency shall be assessed in the absence of remuneration, in so far as the civil service relationship is at least three years and there are no official reasons for the employment. A leave of absence is only permissible if the official or the official in the employment or employment relationship is assigned a function which is rated higher than the function previously carried out. The approval of the leave of absence serves the interests of the service and is on a temporary basis for a maximum of ten years. Renewals are allowed. When an employment contract is concluded in accordance with Section 389 (1), the leave of absence shall be extended by the period of time required to be provided in the employment relationship. The approval of the leave of absence may be revoked for compelling service reasons. In the event of termination or rest of the employment relationship, the approval of the leave of absence is to be revoked in principle. It may also be revoked at the request of the official or the official on leave of absence if it is not reasonable for her or him to continue the leave of absence and if he/she does not receive any official interests. (4) The officials on leave leave the office on leave of absence. in the context of their main professional activity referred to in the first sentence of paragraph 3, they are not subject to insurance in the scope of this book, the statutory health and pension insurance and the social care insurance. (5) The period of time of the main professional activity of the officials on leave referred to in the first sentence of paragraph 3 is ruhegedurability. The conditions of § 28 (1) sentence 1 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) are considered to be fulfilled for the time of the leave of absence. A supply surcharge is not collected. The staff of the non-professional civil servants on care of reduced earning capacity and in old age as well as survivors ' pensions according to official legal regulations and principles is guaranteed. (6) During the period of the principal professional activity referred to in the first sentence of paragraph 3 is, in the case of illness, a period of unlimited entitlement to payment of remuneration in the amount of the remuneration received by the official or official on leave before the leave of absence, at least, however, in the amount of the sickness allowance, which the official or the person who leaves the leave Officials according to § § 44 ff. of the Fifth Book. Compensation claims which are granted to the official or the official on leave in the event of illness in accordance with the law of pay law, a collective agreement or the employment contract or employment contract shall remain unaffected and shall be applied to the Claim for payment of payment based on sentence 1. In addition, in the event of illness and need for care, there is a right to aid in the appropriate application of the aid schemes for civil servants with remuneration. (7) Becoming a civil servant or an official of the Federal Employment Agency with Appointment as managing director or managing director of a joint institution pursuant to § 44d paragraph 2 sentence 1 of the second book tasks of a higher-order office shall be transferred, received or from the seventh month of the uninterrupted perception of these tasks in the civil service relationship, if at that time the the budgetary conditions for the transfer of this office. The allowance shall be paid in the amount of the difference between the basic salary of the grade or its grade and the basic salary of the grade assigned to the higher-order office, but not more than the third following: Besolding Group. Unofficial table of contents

Section 388 Nomination of officials

(1) The Executive Board shall appoint the officials. (2) The Board of Management may delegate its powers to staff of the Federal Agency. It shall determine in detail the person to whom the powers of appointment are transferred. Unofficial table of contents

§ 389 Conditions of employment of the supreme executives

(1) The following functions are transferred primarily in a temporary non-tariff employment relationship of the top managers (employment relationship):

1.

the function of a managing director or a managing director at the head office of the Federal Agency,

2.

the function of a head of division or of a division manager with senior tasks at the head office of the Federal Agency,

3.

the functions of the Chairman or Chairman of the Executive Board of a Regional Directorate and of the Permanent Representative or permanent representative of the Chairman of the Executive Board of a Regional Directorate,

4.

the function of the head of the family fund or the head of the family

5.

the functions of the Head of the Institute for Employment Research and the Deputy Head of the Institute for Employment Research.

An employment relationship shall not exceed five years. It can be justified on several occasions. If employees are in a working relationship with the Federal Employment Agency at the time of the transfer, the function will be transferred exclusively in the employment relationship. The Board of Directors of the Federal Agency shall be involved in the establishment of an employment relationship. § 24 (1) to (4) and (6) of the Federal Civil Service Act (Bundesbeamtengesetz) shall apply in the case of transfer in the civil service relationship. (2) Officials who establish an employment relationship shall return to the employment after termination of their employment relationship before the leave of absence. § 387 (3), unless they have reached the age limit applicable to them at that time. You will receive the salary from the office last perceived before the leave of absence according to § 387 paragraph 3. (3) For the duration of an employment relationship, the rights and obligations of a working relationship already existing with the Federal Agency shall rest. Unofficial table of contents

Section 390 Non-tariff working conditions and allowances

(1) The Management Board, with the approval of the Board of Directors and in consultation with the Federal Ministry of Labour and Social Affairs and the Federal Ministry of Finance, regulates the conditions under which the Federal Agency for employment contracts with the highest Managers and employment contracts with the other employees, for which no collective agreement of the Federal Employment Agency applies (upper managers and senior staff members). The functions of the employees according to the first sentence 1 are to be assigned to one of a plurality of activity levels. In the budget of the Federal Agency, a separate title shall be issued for the remuneration of the employees referred to in the first sentence. In a binding presentation on the title and in the mandatory establishment plan, the number of persons employed shall be defined in accordance with the first sentence, broken down by activity level. For the activity levels, the range of the total annual remuneration as well as the corresponding span of the grades according to the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) shall be shown in each case. (2) The remuneration to be regulated in accordance with the first sentence of paragraph 1 shall be: out of a fixed salary, to which allowances may be paid. In addition, an individual performance-related component as well as a business policy result component aligned with the degree of achievement of the Federal Employment Agency or its departments may be provided. (3) The remuneration referred to in the second sentence of paragraph 2 1 has to be aligned with the basic salaries of the Federal Regulations A and B. For the assignment of fixed content and allowances, the tasks and personnel responsibility associated with the transferred function, the difficulty of the task and the significance of the function or the degree of requirements and loads are decisive. The sum of the fixed salary and allowances may be the basic salaries of the Bundesbesoldungsordnung B for top managers, for senior managers and senior experts the final basic salaries of the Bundesbesoldungsordnung A, in each case plus the Family surcharge of level 2, which does not exceed the number of federal civil servants in comparable functions. For top managers, the basic salary of grade B 7 of the Bundesbesoldungsordnung B plus the family surcharge of level 2 must not be exceeded. Article 44d (7) of the second book shall remain unaffected. (4) The performance-related component referred to in the second sentence of paragraph 2 shall be determined by the individual performance of the person or persons employed. It shall not be more than 20% of the fixed salary. The business policy result component shall be limited to a maximum of 10 per cent of the lowest annual fixed salary provided for in the first sentence of paragraph 2. The Executive Board of the Federal Agency shall, with the prior participation of the Board of Directors, determine to which performance-oriented degree the objectives which are relevant for the business policy result component have been achieved. The basis for this is a suitable target, key performance and measurement system for the goals, measures and metrics agreed with the Board of Directors. (5) The remuneration referred to in the first sentence of paragraph 2 takes part in the changes in the highest fixed salary for collective employees of the Federal Agency. The regulation referred to in the third sentence of paragraph 3 and 4 remains unaffected. (6) The Management Board, with the approval of the Board of Directors, may, in individual cases, pay a further allowance in accordance with the first sentence of paragraph 1, if a service item is subject to special requirements may not be filled or occupied under the conditions set out in paragraphs 3 and 4. Article 44d (7) of the Second Book shall remain unaffected. For such individual cases, the following information shall be provided:

1.

a corresponding amount in the title referred to in the third sentence of paragraph 1; and

2.

the number of persons who are entitled to receive an allowance in accordance with the first sentence, in a binding explanation of the title referred to in the third sentence of paragraph 1 and in the binding establishment plan.

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§ 391 (omitted)

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§ 392 Upper limits for transport offices

In the case of the Federal Employment Agency, the maximum limits allowed by the Federal Law on Transport Offices pursuant to Article 26 (1) of the Bundesbesoldung Act may be exceeded in accordance with an appropriate assessment, in so far as this is intended to avoid deterioration of the Transport conditions are required as a result of a reduction in the number of posts.

Fourth Section
Supervision

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§ 393 Supervision

(1) The supervision of the Federal Agency shall be carried out by the Federal Ministry of Labour and Social Affairs. It extends to the fact that laws and other law are respected. (2) A annual report shall be submitted to the Federal Ministry of Labour and Social Affairs annually, which shall be reimbursed by the Board of Directors and approved by the Board of Directors.

Fifth Section
Data protection

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§ 394 Collection, processing and use of data by the Federal Agency

(1) The Federal Agency may only collect, process and use social data to the extent that this is necessary for the performance of its tasks prescribed or approved by law. Your tasks according to this book are

1.

the determination of an insurance obligation, including an insurance freedom,

2.

the provision of services for the promotion of employment,

3.

the compilation of statistics, labour market and occupational research, reporting,

4.

the monitoring of advice and mediation by third parties,

5.

consent to the admission of employment under the Residence Act, consent to recruitment from abroad, and the issuing of an EU working permit,

6.

the fight against abuse of power and illegal employment,

7.

informing the competent authorities of indications of undeclared work, the non-payment of social security contributions or taxes and infringements of the Residence Act,

8.

the monitoring of reporting, notification, certification and other obligations under the Eighth Chapter and the provision of information;

9.

the proof of contributions as well as the collection of expenses for the supplementary benefits according to § 102 and the insolvency allowance,

10.

the execution of reimbursement and replacement claims.

(2) A use for purposes other than those referred to in paragraph 1 shall be permitted only to the extent that this is ordered or permitted by the legislation of the Social Code. Unofficial table of contents

§ 395 Data transfer to third parties; collection, processing and use of social data by non-public bodies

(1) The Federal Agency may submit social data to third parties responsible for carrying out tasks in accordance with this book, insofar as this is necessary for the performance of these tasks. (2) By way of derogation from Section 80 (5) of the Tenth, the Federal Agency may In order to carry out their duties according to this book, book non-public bodies with the collection, processing and use of social data, even as far as the storage of the data covers the entire data base. Unofficial table of contents

Section 396-Ban on labelling and measures

The Federal Agency and third parties commissioned by it may not identify, in a manner which is not understood by the text or in a manner which is not intended to fulfil its obligations, any person entitled to the storage or transmission of data to be authorised and employer. Tasks are required. The Federal Agency shall not be allowed to participate in a measure of the right to measure or to take action against employers. Unofficial table of contents

Section 397 Automated data reconciliation

(1) Where necessary for the provision or reimbursement of benefits under this book, the Federal Agency may provide information on persons who have applied for benefits under this Book, or have obtained information within the last nine months, The following data are regularly updated automatically with the following data transmitted from the data office of the pension insurance providers in accordance with § 36 (3) of the Data Collection and Delivery Regulation:

1.

insurance number (section 28a (3), first sentence, point 1 of the fourth book),

2.

operational number of the employer (section 28a (3), first sentence, point 6 of the fourth book),

3.

competent catchment body (section 28a (3), first sentence, point 8 of the fourth book),

4.

Start of employment (Article 28a (3), second sentence, point 1 (b) of the Fourth Book),

5.

Period of employment (Section 28a (3), second sentence, point 2 (d) of the Fourth Book),

6.

Group of staff groups, contributions group keys and financial statements for the notifications (§ 28b (2), first sentence, point 1 of the fourth book),

7.

Cancellation identification (§ 14 (1) of the Data Collection and Delivery Ordinance).

Sentence 1 shall also apply to marginally employed persons. In the case of employees for which reports are reported under the budget check procedure (Section 28a (7) of the Fourth Book), the data transmitted in accordance with Section 28a (8) (1), (2) and (4) (a) and (d) of the Fourth Book may be reconciled. . The data to be treated may be brought together by the Federal Employment Agency, in relation to individual employment relationships. In this connection, the data transmitted in accordance with § 36 (3) of the Data Collection and Forwarding Ordinance, in particular the remuneration in the pension insurance or the right of employment to be paid in accordance with the law of the employment promotion, may be in euros (§ 28a parts3 The Federal Agency shall immediately delete the data which are not required for the purposes referred to in paragraph 1, after the adjustment has been carried out. The rest of the data may be used only for the purposes specified in paragraph 1 and for the prosecution of criminal offences and administrative offences relating to the application for or the receipt of benefits. Unofficial table of contents

§ § 398 to 403 (omitted)

Twelfth chapter
Fines

First section
Fines

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Section 404 Penal rules

(1) An administrative offence is a person who, as an entreprent or an entreponent, makes a significant amount of service or work performance by giving a contract to another entreptite or other entreptite from which he or she knows, or negligently does not know that this or that person is responsible for the performance of this contract

1.

, in accordance with Section 284 (1) or § 4 (3) sentence 2 of the Residence Act, a foreigner or a foreigner is employed or

2.

a subcontractor or a subcontractor shall make use of or permit a subcontractor or subcontractor to act, the person or subcontractor who, in accordance with Article 284 (1) or § 4 (3), second sentence, of the Residence Act, acts as a foreign person or a subcontractor. Foreigners busy.

(2) Contrary to the law, who intentionally or negligently

1.

the fee referred to in paragraph 42 (4) or Article 287 (3) shall be reimbursed or reimbursed to the said fee or reimbursement of the application,

2.

Contrary to Article 165 (5), a decision referred to in that paragraph shall not be notified in time, or

3.

, contrary to Section 284 (1) or § 4 (3) sentence 2 of the Residence Act, a foreigner or a foreigner is employed,

4.

, contrary to § 284 (1) or § 4 (3) sentence 1 of the Residence Act, an employment is exercised,

5.

Contrary to Section 39 (2) sentence 3 of the Residence Act, information is not issued correctly,

6.

an enforceable arrangement in accordance with Section 288a (1),

7.

Contrary to § 288a (2) sentence 1, information is not provided, not correct, not complete or not in time, or does not submit a document, not correct, not complete or not in good time,

8.

Contrary to Section 288a (3) sentence 2, a measure is not tolerated,

9.

a legal regulation in accordance with § 292, to the extent that it refers to this fine for a certain amount of the facts;

10.

(dropped)

11.

Contrary to § 296 (2) or § 296a, a remuneration or an advance payment is received,

12.

, as a private intermediary, collects, processes or uses data as a private intermediary,

13.

, contrary to § 298 (2) sentence 1 or 4, a document shall not be returned, not correct, not complete or not in time, or data shall not be deleted in time, or not deleted in time

14.

(dropped)

15.

(dropped)

16.

a legal regulation in accordance with § 352 (2) (2) or § 357 sentence 1), insofar as it refers to this fine for a certain amount of the facts,

17. 18.

(dropped)

19.

Contrary to § 312 (1) sentence 1 or 3, also in connection with paragraph 3, a fact not, not correct, not fully or not attested in good time or a work certificate is not or not handed out in good time,

19a.

contrary to § 312a (1), first sentence or sentence 2, including in connection with sentence 3, a fact not, not correct, not fully or in good time attested,

20.

contrary to § 313 (1), even in connection with paragraph 3, the nature or duration of the employment or of the self-employed activity or the amount of the remuneration or the remuneration, is not correct, not correct, or not certified in good time or in good time; or does not or does not provide a certificate in good time,

21.

contrary to § 313 (2), also in conjunction with paragraph 3, does not submit a form or form in due time,

22.

Contrary to § 314, a certificate is not issued, not correct, not complete or not in good time,

23.

contrary to § 315 (1), (2) sentence 1 or (3), also in conjunction with paragraph 4, § 315 (5) sentence 1, also in conjunction with sentence 2, § 316, § 317 or as private employer or carrier contrary to § 318 (1) sentence 1, no information, not correct, not granted in full or in good time or, contrary to § 318 (2) sentence 2, second sentence, issued a communication to the Agency for work, or not in time,

24.

is not granted access or access contrary to the first sentence of Article 319 (1),

25.

Contrary to § 320 (1) sentence 1, paragraph 3, sentence 1 or 2 or paragraph 5, proof not, not correct or not complete or not provided in good time, a record does not, is not correct or not complete or an advertisement is not, not is correct, not fully or not reimbursed in good time,

26.

Contrary to Section 60 (1), first sentence, point 1 of the First Book, a fact that is significant for a performance is not, not correct or not fully displayed, or

27.

Contrary to § 60 (1) sentence 1 no. 2 of the First Book, a change in the conditions which is significant for a claim to an ongoing service is not communicated, not correct, not complete or not in good time.

(3) In the cases referred to in paragraphs 1 and 2 (3), the administrative offence may be subject to a fine of up to five hundred thousand euros, in the cases referred to in paragraph 2 (1), (5) to (9) and (11) to (13), with a fine of up to thirty thousand euros, in the cases referred to in paragraph 2. 2, Nos 2, 4, 16, 26 and 27, with a fine of up to five thousand euros, in other cases punishable by a fine of up to two thousand euros. Unofficial table of contents

§ 405 Jurisdiction, enforcement and information

(1) Administrative authorities within the meaning of Section 36 (1) (1) of the Code of Administrative Offences are in the cases

1.

Section 404 (1) and § 404 (2) (3) and (4) of the customs administration authorities,

2.

§ 404 (2) Nos. 1, 2, 5 to 16 and 19 to 25 the Federal Agency,

3.

§ 404 (2) (26) and (27) the authorities of the Customs Administration and the Federal Agency respectively for their business area.

(2) The fines shall be placed in the cash register of the managing authority, which has adopted the fine. § 66 of the Tenth Book applies accordingly. (3) By way of derogation from Section 105 (2) of the Law on Administrative Offences, the cash register responsible pursuant to paragraph 2 sentence 1 shall bear the necessary expositions. It is also liable for replacement within the meaning of Section 110 (4) of the Law on Administrative Offences. (4) In the pursuit and prosecution of employment or activity of foreigners without authorization pursuant to § 284 (1) or without The authorities referred to in Article 4 (1) sentence 1 (2) of the first book shall work with the authorities referred to in Article 2 (2) of the Residence Act in accordance with Section 4 (3) sentence 1 of the Residence Act as well as the violations of the obligation to cooperate with the Federal Agency pursuant to § 60 (1) sentence 1 no. (5) The Federal Agency shall inform the Federal Agency of the Commercial Central Register of legally binding fines pursuant to § 404 (2) (1), (5) to (16), (19) and (20). The authorities of the customs administration shall inform the commercial central register of legally binding fines pursuant to § 404 (1) and (2) (3). This shall only apply if the fine is more than 200 euros. (6) courts, law enforcement or criminal enforcement authorities are to provide the authorities of the customs administration with findings from other procedures which, from their point of view, are to be prosecuted by the authorities of the In accordance with Section 404 (1) or (2) (3), they shall be required to transmit, unless it is apparent to the transmitting body, that the legitimate interests of the person concerned or of the person concerned or of other parties to the proceedings should be excluded from the exclusion of the Transmission predominate. In doing so, account must be taken of how secure the findings to be transmitted are.

Second section
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§ § 406 and 407 (omitted)

Thirteenth chapter
Special arrangements

First section
Special arrangements in connection with the production of the unity of Germany

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Section 408 Special reference quantity and contribution rate limit

Insofar as the provisions of this book are applicable in the case of charges or contribution assessment bases

1.

the reference quantity shall be the reference quantity for the territory referred to in Article 3 of the agreement (accession area),

2.

to the contribution assessment limit, the contribution ceiling for the accession area

authoritative if the place of employment is in the accession area. Unofficial table of contents

§ § 409 u. 410 (omitted)

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§ 411

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§ 412

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§ 413

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Section 414

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§ 415

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§ 416 (omitted)

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§ 416a (omitted)

Second section
Supplements for transitional possible services and temporary tasks

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Section 417 Protection against remuneration for older employees

(1) Workers, who are the 50. Having completed a life year and ending or avoiding unemployment by taking up an employment subject to insurance shall be entitled to benefits from the protection of the remuneration if:

1.

have a right to unemployment benefit of at least 120 days, or may be entitled to unemployment benefit,

2.

be able to claim a remuneration which corresponds to the normal conditions or, where there is no collective agreement between the contracting parties, to the normal conditions, and

3.

a monthly net payment difference of at least 50 euros.

The difference in net remuneration is equal to the difference between the flat-rate net charge resulting from the remuneration of the unemployment benefit, and the lower flat-rate net charge of the (2) The protection against remuneration shall be granted for a period of two years. Where the protection against remuneration can only be provided for a shorter period than in the case of the first sentence, it shall be granted, within two years from the date of receipt of this employment, to re-grant the protection against remuneration for the duration of the remaining claim, provided that the The conditions laid down in the first sentence of paragraph 1 (1) (2) and (3) shall be fulfilled if a new claim under paragraph 1 has not been established Periods of employment in which compensation benefits are obtained shall not constitute a claim pursuant to paragraph 1. (3) The protection of remuneration shall be provided as a contribution to the remuneration and as an additional contribution to the statutory Pension insurance. The subsidy for pay is 50 percent in the first year after receiving employment, and in the second year 30 percent of the monthly net salary difference. The additional contribution to the statutory pension insurance is calculated in accordance with § 163 (9) of the Sixth Book and is paid by the Federal Agency; § 173 applies accordingly. In determining the facts which are relevant for the performance of the protection against charges, § 313 shall apply mutatily. Significant changes in the remuneration of the remuneration during the payment of the remuneration shall be taken into account. (4) The regular agreed working time of the employment during the reference of the benefits of the protection against remuneration shall be taken into account by the the regular agreed working time of the employment before the onset of unemployment, the ratio of the deviation to the level of benefits shall be applied. If unemployment is avoided by the inclusion of employment-saving employment, the ratio of the deviation shall be based on the regular working time agreed on from the previous employment. (5) Protection against charges is excluded if:

1.

in the event of a change to an independent unit according to § 111, a lower remuneration than previously agreed or has been agreed upon; or

2.

workers receive a pension on the basis of old age from statutory pension insurance or a similar benefit of a public service type.

(6) In times when the worker receives short-time workers ' money, sickness benefit, health care allowance, injury money, transitional allowance or sickness allowance from a private health insurance undertaking, the benefits of the (7) From January 1, 2012, these regulations will only apply if the claim for protection against payment has been made before that date. If the application is renewed, the services will be granted until 31 December 2013 at the latest. Unofficial table of contents

§ 418 Traction of contributions to employment promotion in the employment of older workers

(1) Employers who have an employment relationship with a previously unemployed person, who is the 55. for the first time, shall be exempted from the contribution of the contribution. The person subject to an insurance obligation shall bear half of the contribution which would be payable without the regulation of the first sentence. (2) From 1 January 2008, paragraph 1 shall apply only to employment relationships which are to be applied before 1 January 2008. have been substantiated. Unofficial table of contents

Section 419 Special arrangements for short-time allowance, qualification and unemployment benefit

(1) Short-time work allowance pursuant to § 95 shall be made until 31 December 2011 with the following measures:

1.

the employer shall, upon request, be reimbursed in a flat-rate manner to the social security contributions to be paid by the employer alone,

2.

for periods of loss of employment, workers concerned in a vocational qualification measure eligible for consideration, in which the participation does not return to the regular weekly working time or to the In the event of an increase in working time, the employer shall, on request, be reimbursed in a lump-sum form on request to the employer for the social security contributions for the relevant calendar month, if the extent of the period of time for which he or she is entitled to qualification measure is at least 50 per cent of downtime; all vocational training measures supported by public funds are eligible for consideration; qualification measures not publicly funded shall be taken into account when their implementation is neither exclusive nor , the employer is still legally obliged to carry out the execution of the company,

3.

for short-time work carried out as from 1 January 2009, from the seventh calendar month of the reference to short-time work, the employer shall, on request, reimburse 100 per cent of the social security contributions to be paid by him alone, in a flat-rate form,

4.

within the reference period, periods during which short-time workers are not paid shall not be regarded as an interruption at the request of the employer, by way of derogation from § 104 (2) and (3).

For the lump-sum, the social insurance package is based on the second sentence of § 153 (1), second sentence, less the contribution to the promotion of employment. (2) Short-time allowance according to § 95 and season-short-time work allowance according to § 101 will be made up to the 31. The following measures were carried out in December 2011:

1.

in addition to the conditions laid down in Article 96 (1), first sentence, point 4, a work loss is also significant if, in the relevant calendar month, less than one third of the employees employed in the holding are employed by an employee If this is affected by more than 10 per cent of their monthly gross salary,

2.

Section 96 (4), second sentence, point 3 shall not apply in the case of negative working time alds,

3.

in the calculation of the net difference in pay according to Article 106 (1), temporary changes to the contractually agreed working time shall be carried out as from 1 January 2008 pursuant to collective employment protection agreements, except Consideration; § 106 (2) shall not apply to this extent.

(3) § 354 shall apply until 31 December 2011 with the proviso that the expenses for the reimbursement of contributions to the social security insurance for recipients of the season-short-time work allowance pursuant to section 102 (4) of the season 50 percent of them are paid by the Federal Agency. If the seventh month of the payment of short-time work falls into the bad weather period, the expenses referred to in the first sentence of this month shall be paid 100 per cent by the Federal Agency. (4) (omitted) (5) (omitted) (6) (omitted) (7) Determination of the tax rate is to be applied in accordance with § 151, with the proviso that, for periods in which the average regular weekly working time of the unemployed person or unemployed person is due to an employment assurance agreement, which shall be as from 1. having been closed or effective in January 2008, as a remuneration the wage or salary which the unemployed person or the unemployed person would have achieved without this agreement and without any additional work; in this respect, § 150 (2), first sentence, point 4 does not apply. The first sentence shall be valid for the period up to 31 March 2012. Unofficial table of contents

§ 420 (omitted)

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§ § 421 to 421u (omitted)

Third Section
Principles of legal change

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Section 422 Benefits of active employment promotion

(1) If this Code is amended, unless otherwise specified, the provisions in force in force before the date of entry into force of the amendment shall be applied to benefits of active employment promotion to the end of the benefits or of the measure. To continue to apply if prior to this day

1.

the claim has been made,

2.

the performance has been awarded or

3.

the measure has commenced if the performance has been requested up to the start of the measure.

(2) If a benefit has been granted for a limited period only, an extension shall be based on the provisions in force at the time of the decision on the renewal. Unofficial table of contents

Section 423

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§ 424

(dropped)

Fourth Section
Special arrangements in connection with the classification of the right to work in the Social Code

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Section 425 Transition from the contribution-to the insurance obligation

Periods of employment based on the obligation to pay contributions as well as other periods of duty of contribution under the Employment Promotion Act in the last version in force shall be deemed to be periods of an insurance obligation. Unofficial table of contents

§ 426 (omitted)

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§ 427 (omitted)

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§ 427a Equality of maternity leave

(1) For persons who, in the period from 1 January 1998 to 31 December 2002, have received special assistance in accordance with the Maternity Protection Act or maternity benefit, the following shall apply to the fulfilment of the requirements for entitlement to unemployment benefit Period of application and for the duration of the claim § 107, first sentence, point 5 (b) of the Employment Promotion Act, in the version valid until 31 December 1997. (2) The Agency for Work decides

1.

because of its own

a)

according to claims for unemployment benefit, which have been rejected solely because periods pursuant to Article 107, first sentence, No. 5 (b) of the Employment Promotion Act have not been taken into account in the version in force until 31 December 1997, if the Decision on 28 March 2006 was not yet unquestionable,

b)

entitlement to unemployment benefit which has so far not been, or only provisionally, decided on account of the receipt of one of the maternity benefits referred to in paragraph 1;

2.

otherwise, on request.

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Section 428 Unemployment benefits under facilitated conditions

(1) entitlement to unemployment benefits in accordance with the provisions of the First Section of the Fourth Chapter shall also have workers who are the 58. They do not fulfil the rules of entitlement to unemployment benefit alone because they are not willing to work and do not want to use and use all the opportunities to put an end to their inemployment. The claim also exists during the time of studying at a university or a school serving in the field of technical education. From 1 January 2008, the first sentence shall apply only if the claim was made before 1 January 2008 and the unemployed person or unemployed person before that date shall be entitled to the 58. (2) The Agency shall be the unemployed person or the unemployed person who, after having been informed about the scheme of the sentence 2, has received three months ' unemployment benefit in accordance with paragraph 1 and in the foreseeable future the unemployment benefit. The conditions for entitlement to an old-age pension are likely to be fulfilled, invite to apply for an old-age pension within one month; this shall not apply to old-age pensions in respect of the pensionable age applicable to the insured person or the insured person in the pension age can be taken up. If the unemployed person or unemployed person does not submit the application, the right to unemployment benefits shall be paid from the day after the end of the period up to the date on which the unemployed person or the unemployed person applies for an old-age pension. (3) The claim referred to in paragraph 1 shall be excluded if the person who is unemployed is entitled to or the unemployed person is granted a partial pension due to old age from statutory pension insurance or a similar benefit of a public-law nature. (4) (omitted) Unofficial table of contents

§ 429

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Section 430 Other charges for remuneration

(1) In the application of the rules on the pre-employment period required for benefits for the promotion of continuing vocational training and for benefits for participation in working life, there are periods of time which, according to the Employment Promotion Act, are in force in the (2) An entitlement to maintenance allowance before 1 January 1998 is equal to the periods of employment without contribution to the contribution. (2) , the rate of assessment and the performance rate shall not be redefined. Sentence 1 shall apply to the assignment to a performance group. (3) The duration of a claim for inclusion assistance for ethnic German resettlers in accordance with § 62a (1) and (2) of the Employment Promotion Act, which was established before 1 January 1998 and which is due to take place on 1 January 1998. In 1998, it has not yet been granted, increases each day for six days each. The provisions of the Employment Promotion Act concerning the bankruptcy of bankruptcy in the version in force until 31 December 1998 shall continue to apply if the event of insolvency proceedings before 1 January 1998 are to be applied. 1999. (5) Is a right to short-time workers ' money of employees who, in order to avoid notifiable dismissals within the meaning of Section 17 (1) of the German Termination Protection Act, in a unit which is independent of the organization , and before 1 January 1998, the application of the Regulations relating to the duration of a right to short-time allowance in a unit independent of the company's organisation, which are based on a legal decree adopted on the basis of Section 67 (2) (3) of the Employment Promotion Act (Arbeitsförderungsgesetz) up to the first. The remaining reference periods of a claim for short-time allowance in a unit which is independent of the company's organisation are not exhausted. Unofficial table of contents

§ 431 (omitted)

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§ 432 (omitted)

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§ 433

(dropped)

Fifth Section
Transitional arrangements on the basis of amending laws

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Section 434 Law on the reform of pensions due to reduced earning capacity

(1) For the purposes of the application of Article 26 (2) (3) and 345a, the pension shall be deemed to have been incapaciated because of incapacity for work before 1 January 2001, even if the pension is due to incapacity for work because of the invalidity of the pension. (1a) If application of § 28 applies, the following shall be considered as a pension for the benefit of a pension.

1.

a pension on the grounds of disability, the beginning of which is before 1 January 2001, as a pension for the full reduction of the labour force,

2.

a performance comparable to that of a foreign service provider comparable to that of a pension on the basis of incapacity for work, the commencement of which is before 1 January 2001, than the performance of a foreign national comparable to that of the pension on the basis of full employment loss Power carrier.

(2) In the case of the application of § 28 No. 3, the determination of the occupational disability or incapacity to work shall be deemed to be a finding of a reduction in employment. (3) In the application of § 145, the determination of the reduced occupational capacity in the mining industry shall apply in accordance with § 45 (4) In the case of the application of Section 156 (1) (3), the pension shall be deemed to be incapacitated because of invalidity, the beginning of which is before 1 January 2001, as a pension for the full reduction of the labour force. (5) § 142 (4) in the the version in force before 1 January 2001 shall continue to apply to invalidity pensions, Miners ' invalidity pensions or invalidity pensions for disabled persons referred to in Article 2 of the Pensions Directive, the beginning of which is before 1 January 1997, subject to the condition that:

1.

they are equal to the entitlement to a pension because of the loss of employment; and

2.

the determination of the incapacity to work or incapacity to work shall be replaced by a determination of the reduction in employment.

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Section 435 Law on the simplification of the election of employee representatives to the Supervisory Board

On 27 March 2002, the President of the Federal Labour Office and the Vice-President of the Federal Labour Office will be retiring. In the case of the officials referred to in the first sentence, § 4 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) as well as the provisions of Section 7 (2) and Section 14 (6) of the Civil Service Act are to be applied in accordance with the version in force until 31 December 1998, with the proviso that: that the temporary retirement period shall be equal to the period from the date of retirement to the date laid down in Article 399 (4), second sentence, in the version in force until 26 March 2002. Unofficial table of contents

§ 436 Second Act for Modern Services on the Labour Market

Persons liable to insurance on 31 March 2003 in a more than marginal employment which fulfils the characteristics of a marginal employment in the version of § 8 of the Fourth Book, as amended on 1 April 2003, shall remain in the same Employment subject to insurance. They shall be exempted from the insurance obligation on their application. The exemption shall be effective from 1 April 2003. It is limited to this employment. Unofficial table of contents

Section 437 Third Law on modern services on the labour market

(1) The civil servants of the Federal Institute, who have carried out, before 2 July 2003, the tasks of the Labour Market Inspectorate in whole or in the most part, and which are still performing it on 31 December 2003, are Federal Officials with effect from 1 January 2004. and federal civil servants at the service of customs administration. Section 130 (1) of the Law on the Law of the Civil Service, as amended by the Notice of 31 March 1999 (BGBl. 654) shall apply accordingly. Officials who have reached the limit of application age of § 52 of the Federal Civil Service Act (Bundesbeamtengesetz) or who were in part-time at that time on 2 July 2003 are exempt from the transfer. (2) The employees of the Bundesanstalt, which, prior to July 2, 2003, carried out wholly or mainly tasks of the labor market inspection and still perceivd it on 31 December 2003, are employees of the Federal Government and the Service of the Federal Republic of Germany with effect from 1 January 2004. Customs administration overrun. Without prejudice to the following paragraphs, the Federal Republic of Germany shall enter into the employment contractual rights and obligations of the working conditions existing at the time of the transfer. Non-employees who have fulfilled the eligibility requirements for a statutory pension due to age on 2 July 2003 or who are in a period of employment at that time are exempt from the transfer under sentences 1 and 2. (3) From the date of the transfer, the collective agreements and other provisions applicable to employees of the Federal Government in the customs administration shall apply in so far as the provisions of sentences 2 to 4 do not give rise to something else. The group of remuneration, which was reached at the time of the transfer, continues as long as the main tasks of the labour market inspection are carried out and no new tasks are carried out in accordance with the Federal Government's collective agreement to form a grouping in A higher remuneration group will be transferred. If, in the cases of a continuing grouping under the second sentence, a probation rise or other rise was provided for in the previous activity, employees are in the same position after the expiry of the rise period in force at the time of the transfer. Group of remuneration groups which would have surrendered in accordance with the law applicable to the law of the Bundesanstalt after the entry into force of this Act. The end of the calendar month in which employees decide in writing for a grouping under the Federal Government's collective agreement is no longer required by the end of the calendar month. (4) The periods of employment recognized by the Federal Office shall be credited to the period of employment within the meaning of the federal wage agreement; the same shall apply in the case of periods of supplementary pension provision. If the transferred employees carry out executive tasks which are otherwise the responsibility of officials, an allowance shall be made in accordance with the preliminary remark number 9 to grades A and B of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) in accordance with the conditions laid down for comparable civil servants. Officials of the customs administration are in force in each case. To the extent that it is also appropriate in connection with the transfer-related change of employer, the Federal Ministry of Finance may, in agreement with the Federal Ministry of the Interior, be subject to additional regulations which are supplementary and non-tariff-related (5) The provisions of paragraphs 3 and 4 shall apply by analogy to employees who, in connection with the transfer of tasks of the labour market inspection, are employed by the Federal Agency in any other way as employees of the Federal Government in the service of customs administration (6) The Federal Agency shall bear the pensions referred to in paragraph 1 in the The Federal Government took over civil servants for the periods of service completed until they were taken over. The Federal Government bears the pensions for the service periods of the civil servants referred to in paragraph 1, which have been completed since the take-over into the service of the Federal Government. In addition, § 107b of the German Civil Service Act applies accordingly. (7) § 15 (1) of the Federal Personalization Act applies accordingly to the civil servants and employees transferred pursuant to paragraphs 1 and 2. Unofficial table of contents

Section 438 Law on the promotion of all-year employment

In the case of claims for unemployment benefit arising after 31 March 2006, Section 131 (3) (1) shall continue to be applied in the version in force until 31 March 2006, to the extent that during the period of assessment periods of receipt of winter default or one of the following shall apply in the period of the Winter loss-in-money advance performance. Unofficial table of contents

Section 439 Seventh Law for the Amendment of the Third Book
Social Code and other laws

If an entitlement to unemployment benefit with a maximum period of validity corresponding to the age of the unemployed person or the unemployed is not exhausted in accordance with section 127 (2) in the version valid until 31 December 2007, the amount of unemployment benefit shall be increased. Duration of the period of unemployment for the unemployed, which shall take place before 1 January 2008
the 50. have been completed, to 15 months,
the 58. have been completed at 24 months of age. Unofficial table of contents

Section 440 Law on the reorientation of labour market policy instruments

(1) Employees who have been subject to insurance in the remuneration variant on 31 December 2008 shall remain subject to insurance in this employment. (2) § 38 (4) in der bis zum 31. December 2008 is still applicable to the group of persons covered by Section 237 (5) of the Sixth Book. In these cases, Section 38 (3) shall not apply in the version in force as of 1 January 2009. (3) Insofar as periods of participation in a measure pursuant to § 46 are taken into account in the calculation of time limits or as a subsidy, they are periods of time. the participation in a measure in accordance with § § 37, 37c, 48 and 421i in the version valid until 31 December 2008 and a measure pursuant to § 241 (3a) in the version valid until 31 July 2009. (3a) (omitted) (4) § 144 (4) in the version in force until 31 December 2008 shall continue to apply to claims relating to: Unemployment benefits, which were incurred before 1 January 2009. In these cases, Section 144 (4) shall not apply in the version in force as of 1 January 2009. (5) § § 248 and 249 in the version valid until 31 December 2008 are to continue to be applied to institutions of the professional bodies Rehabilitation. Unofficial table of contents

§ 441 Citizen's Protection Act

If the right to unemployment benefits was incurred before 1 January 2010, Section 133 (1) shall be applied in the version valid until 31 December 2009. Unofficial table of contents

Section 442 Employment Law

(1) Persons who, as self-employed or employed persons, have established an insurance obligation relationship before 1 January 2011 at the request of Section 28a in the version in force until 31 December 2010, remain in this activity or Employment on 31 December 2010 in accordance with § 28a in the version valid from 1 January 2011 onwards. You can terminate the insurance obligation on request by 31 March 2011 by written declaration to the Federal Agency retroactively as of December 31, 2010. (2) By way of derogation from § 345b sentence 1, point 2 and sentence 2, the insurance obligation shall be deemed to be the contributor Taking for all self-employed and employed persons who are subject to an insurance obligation ratio on request, from 1 January 2011 to 31 December 2011, a remuneration of 50 per cent of the monthly reference quantity. Section 345b, first sentence, point 2, and second sentence, as amended on 1 January 2011, shall not be applied in so far as it is applicable. Unofficial table of contents

§ 443 Act to improve the integration opportunities in the labour market

(1) For job creation measures in accordance with § 260 and work matters in accordance with § 16d of the Second Book in the version in force before 1 April 2012, Section 27 (3), first sentence, number 5 shall apply in the version in force before 1 April 2012, if and as long as the employment procurements and employment opportunities are carried out in accordance with the law applicable before that date. (2) Activities within the meaning of the second sentence of Article 159 (1) (1) and (2) are also job creation measures, if and as long as These measures shall be promoted in accordance with the law applicable up to 31 March 2012 (3) For carriers an admission according to § 176 bis 31. December 2012 is not required. This shall not apply to institutions which implement measures for activation and professional integration in accordance with Article 45 (4), third sentence, point 1, nor for institutions carrying out continuing vocational training measures in accordance with § § 81 and 82. Registrations of institutions and measures of continuing vocational training granted in accordance with § § 84 and 85 in the version valid until 31 March 2012 are equivalent to the authorisations according to § § 176 and 178 as well as § 179 in conjunction with § 180. A right to pay for the placement of the work placement in an employment subject to insurance pursuant to § 45 (4) sentence 3 (2) shall be made up to and including 31 December 2012 only if the institution is at the time of the employment contract. (4) Recognition in accordance with § § 2 and 3 of the Recognition and Admission Ordinance-Further training granted up to 31 March 2012 retain their validity until the end of the period of validity of the contract. no later than 31 March 2015. The annual review of recognised bodies will be carried out by the accreditation body as of 1 April 2012. (5) Officials, who shall be appointed on 27 December 2011 in the civil service relationship of the period of time within the meaning of § § 389 and 390 in the up to the 27. It will remain in force until the end of the respective term of office in this office. Periods of leave of absence according to § 387 (3) sentence 1 shall not be taken into consideration as a term of office. If, after the expiry of the term of office, it is established that the official or the official has proved its worth in the transferred office, the Office shall be transferred in the civil servant's relationship to life. If the official or the official has not proved its worth in the transferred office, the official or the official shall be dismissed from the civil servant relationship at the time. In this case, the right to remuneration and, unless otherwise provided by law, all other claims arising from the office transferred to the civil service contract shall be terminated. If a civil servant or a civil servant enters her or her previous office in a civil servant's relationship at the time of dismissal, or if he or she retires due to reaching the statutory age limit, § 15a of the Civil servants ' pensions act accordingly. Section 15a (4) of the Staff Services Act applies accordingly when an official is retired due to invalidity on time or an official is due to be incapacitated. (6) § 389 is to be applied, provided that a function in the The meaning of this provision shall be conferred. Sentence 1 shall also apply if a function transferred before 28 December 2011 is to be continued on a modified contractual basis from 28 December 2011. § 387 paragraph 3 sentence 2 remains unaffected. (7) § 421s in the version in force on 31 March 2012 shall continue to apply to measures on which the Federal Agency has concluded contracts with institutions before 31 March 2012 until the end of the contract period; § 422 (1) (3) shall not apply to this extent. Unofficial table of contents

Section 444 Law on changes in the area of small employment

(1) Persons who have been subject to insurance on 31 December 2012 in a more than minor employment pursuant to § 8 (1) (1) or (8a) in conjunction with Section 8 (1) (1) of the Fourth Book, which is subject to the characteristics of a small Employment in accordance with these provisions in the version in force as from 1 January 2013 will remain subject to compulsory insurance in this employment until 31 December 2014, as long as the salary exceeds EUR 400 per month. They shall be exempted from the insurance obligation upon request. The application shall be submitted to the Agency for work. The exemption shall be effective from 1 January 2013, if requested by 31 March 2013, otherwise from the beginning of the calendar month following the month in which the request was made. The exemption is limited to this employment. (2) For the purposes of the application of paragraph 1, § 276b (1) of the Sixth Book and the application of § 344 (4) shall apply in accordance with § 276b (2) of the Sixth Book. Unofficial table of contents

Section 445 Twenty-fifth law amending the Federal Education and Training Promotion Act

By way of derogation from § 422, § § 54a, 61, 62, 64, 67, 116 and 123 to 126 are to be applied from 1 August 2016.