Hartz IV health insurance companies have to check 1 Euro jobs

Health insurance companies have to check whether there is an additionality of one-euro jobs

27/06/2011

Hartz IV recipients are often forced to take action that is called "employment opportunities" in the German government. Since these activities are usually remunerated with one euro per hour, these jobs are also called "one-euro jobs". If unemployment benefit II refuses to pay, the standard rate will be cut by at least 30 percent. On the other hand, these employment opportunities are subject to legal supervision. In order to prevent the dismantling of regular jobs, the legislator said that these jobs can only be "additional". But in reality such guidelines are bypassed with some tricks. Again and again, there are also social bearers such as Arbeiterwohlfahrt, Diakonie or the Catholic Caritas Association. Especially about the additionality, there is always a dispute. Especially if the employer has apparently enriched the Hartz IV recipients and could have actually set up a social security-paying body.

Concerned should give health insurance notice
This could now change a verdict of the Federal Social Court in Kassel. According to the decision, the health insurances are now being charged. These must check for the existence of a social insurance obligation (file reference: B 14 AS 98/10 R). Thus, the health insurance companies must justify a breach of the additionality of normal employment with a cost claim for the person concerned. Harald Thomé, Specialist for Unemployment and Social Law: "If the persons concerned give a clue to their health insurance company showing that the additional activity was violated in the course of their activity, they have to check the facts and also check whether the activity was insured or not (§ 28h SGB IV). Thus, health insurances can also take action against illegal one-euro jobs. If there are grounds for suspicion, those affected could also give such information to their health insurance. In order to assess the conditions under which the persons concerned themselves have a claim for compensation, the decision of the BSG and its reasons should still be awaited. The SPC has expressly provided for this. "(Sb)

Further information about Hartz IV in the net:
Hartz IV Forum
Tacheles social assistance
Against Hartz IV
Jobless Forum

Picture: Kurt F. Domnik