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Overall Developments<br />

GERMANY<br />

Reform of the labour market<br />

to implement the report by the<br />

Commission for Modern Services in the<br />

Labour Market (“Hartz Commission”)<br />

<strong>The</strong> “Modern Services in the Labour Market”<br />

Commission<br />

<strong>The</strong> “Modern Services in the Labour Market” Commission was<br />

established in the spring of 2002 as part of the Federal German<br />

Government’s two-stage plan to make services in the labour market<br />

more competitive and more customer-oriented. Chaired by Dr.<br />

Peter Hartz, it was made up of people from trade and industry,<br />

business associations, trades unions, politics, academia, corporate<br />

consulting, the Federal States (Länder) and local authorities.<br />

<strong>The</strong> task of the “Hartz Commission” lay in reshaping the Federal<br />

Employment Service and transforming it into a modern service<br />

provider. On this basis, a comprehensive report was submitted in the<br />

summer of 2002, outlining 13 areas for reform. <strong>The</strong> Federal<br />

Government has taken immediate measures to implement its<br />

proposals. In addition, two Acts have already been passed<br />

(December 2002). To enable the “Hartz proposals” to be executed<br />

speedily, both Acts – the contents of which are outlined below –<br />

were implemented on 1 January 2003.<br />

Immediate measures<br />

By removing the obstacles to funding and by boosting the capital<br />

structure of small and medium-sized enterprises, the Government<br />

hopes to prevent a situation where unemployed people are not<br />

recruited because of a lack of funds. With this objective in mind, the<br />

“Capital for Work” programme was started by the Reconstruction<br />

Loan Corporation (Kreditanstalt für Wiederaufbau) on 1 November<br />

2002. <strong>The</strong> scheme is aimed at companies that recruit unemployed<br />

people, people threatened with unemployment or people in mini-jobs<br />

(short-time work), and place them in a permanent employment which<br />

is subject to social security contributions. <strong>The</strong> companies must be<br />

creditworthy as a whole, and must have positive prospects for the<br />

future. For every new person taken on, the company can receive a<br />

funding package worth a maximum of € 100,000 euro. In each case,<br />

half of the package is comprised of loan capital with the other half in<br />

the form of a subordinated loan.<br />

<strong>The</strong> First Act for Modern Services in the<br />

Labour Market<br />

On 1 January 2003, two “Acts for Modern Services in the Labour<br />

Market“ entered into force. <strong>The</strong>y consist of a diverse range of<br />

measures and form the basis of a comprehensive reform of German<br />

labour-market policy. In accordance with the basic principle of<br />

“Activate Self-Initiative – Ensure Security”, on the one hand, new<br />

support payments will be offered. On the other hand, there will be<br />

clear incentives to take up work in the event of being unemployed.<br />

Measures to control employee behaviour during<br />

periods of unemployment<br />

With the aim of immediately activating job seekers to find work and<br />

thereby avoiding or reducing the length of unemployment,<br />

employees and other individuals who, for whatever reason, are<br />

liable to pay social insurance contributions to the Federal Office for<br />

Employment, are required to report in person at their local<br />

employment office and give notice that they are looking for work.<br />

This obligation “to look for work at an early stage” comes into<br />

effect as soon as the employee receives notice that his employment is<br />

set to end, i.e. in the case of permanent employment, once he<br />

receives notice of termination or at the conclusion of a cancellation<br />

agreement. In the case of fixed-term employment, notice must,<br />

however, be given at the earliest three months before it is due to end.<br />

Employees who delay in reporting to the employment office will see<br />

their unemployment benefit or unemployment assistance cut in the<br />

event of subsequent unemployment.<br />

<strong>The</strong> Acts on Modern Services in the Labour Market are aimed at<br />

developing the basic principle of “Activate Self-Initiative – Ensure<br />

Security “. In this context, the rulings governing the regional<br />

mobility of unemployed people have also been clarified and<br />

extended. To date, the following points have been regulated under<br />

the law on this matter:<br />

• Basically, it is seen as reasonable for an unemployed person to<br />

take up employment outside the locality if the commuting time is<br />

up to 2 hours (there and back);<br />

• In the case of part-time work totalling less than 6 hours, the<br />

reasonable commuting time is generally seen as 2 hours.<br />

It is generally seen as reasonable for an employee to commute<br />

between two separate homes for up to six months. It has now been<br />

clarified in law that an unemployed person can essentially even be<br />

required to move house to end his period of unemployment and go<br />

to a place outside the reasonable commuting distance. Exemptions<br />

apply if there are important reasons that could be cited against such<br />

a move, which – in particular – means family ties or if the person is<br />

still in the first three months of unemployment and the employment<br />

office predicts that the unemployed person will be able to find work<br />

within the daily commuter zone.<br />

Employees in breach of their undertakings and who are found to<br />

have contributed to their unemployment or who have prolonged<br />

their unemployment without having an important reason for so<br />

doing will receive no unemployment benefit for 12 weeks, during<br />

which time their benefit will be frozen. <strong>The</strong> same shall apply to<br />

supplementary benefit. In deciding whether or not to freeze<br />

payments, it is currently up to the employment office to prove that<br />

there is no important reason within the meaning of the law. In<br />

future, it will be the unemployed individual who will have to bear<br />

the burden of proof relating to the facts and circumstances from his<br />

sphere or area of responsibility. This is true, for instance, if the<br />

unemployed person pleads an important reason relating to<br />

circumstances in his personal life or if he subsequently cites reasons<br />

that the employment office initially had no reason to clarify because<br />

the unemployed person had not provided the right details on time.<br />

<strong>The</strong> rules governing the duration of a benefits freeze on account of<br />

a refusal to take up employment, a refusal to undertake vocational<br />

integration measures or due to the discontinuation of vocational<br />

integration measures, have been rejigged to be more flexible and<br />

more differentiated in accordance with the new concept of creating<br />

a more customised job-placement service. In the event of an initial<br />

violation of obligations, a benefits freeze of three weeks will come<br />

into effect, rising to six weeks in the event of a repeat offence. Only<br />

12 Spring 2003 | European Employment Observatory Review

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