Order according to § 44 SGB III

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The order of the administrative board of the Federal Employment Agency regarding the payment of fees by employers for the international placement based on intergovernmental agreements or placement agreements between the Federal Employment Agency and foreign employment services (in short: order according to § 43 SGB ​​III ) was an order of the German Federal Employment Agency dated 26. November 1997. The Board of Directors of the Federal Employment Agency agreed with her the amount of the agency fee to be paid for the agency's placement efforts to and from abroad . The order was lifted in 2014.

history

The order was passed by the Administrative Council of the Federal Labor Office on November 26, 1997. Until March 31, 2012, the authorization provision on which the order is based was contained in Section 44 SGB III old version. Since April 1, 2012, this was due to a partial new numbering of the paragraphs of SGB III of Section 43 SGB III. Apart from an adjustment to the linguistic equal treatment of women and men, there was no change in the content of the authorization provision. An adaptation of the language usage of the Federal Employment Agency did not take place.

Employment agency fees

In principle, advice and placement by the Federal Employment Agency take place free of charge in accordance with Section 42 of the SGB ​​III . Section 42 of the Third Book of the Social Code also stipulates exceptions to the free of charge. The Federal Employment Agency can demand reimbursement of the placement costs from the employer if this significantly exceeds the usual scope and the employer was informed of this before the placement began. Today's § 43 SGB III authorizes the Federal Employment Agency to determine the chargeable facts and to issue a fee schedule. A placement fee can therefore be charged by an employer if the BA has acted for employers on the basis of intergovernmental agreements or placement agreements with foreign employment services and places jobseekers from abroad or abroad. The regulations of the Administrative Costs Act are to be applied. The employer may not charge the recruited employee or a third party for this placement fee, either in whole or in part.

The Federal Employment Agency made use of this authorization to issue a fee schedule. The fees were intended to offset part of the effort that the Federal Agency incurred in implementing and monitoring compliance with the agreements and brokerage arrangements. The fee was due when the placement contract was placed. She was in seasonal jobs and fairground helpers 60  euros , in the mediation of health and health care workers , children nurses and old nurses 250 euros and in the mediation of guest workers, so workers should expand their professional and language skills, 200 euros.

There could be exceptions to the collection of fees for the placement of guest workers if a government agreement provided for a special fee regulation. In addition, the collection of fees could be dispensed with if the employer and employee agreed a training plan with concrete measures for training and further education with the employment contract and the employer assumed the costs of implementing this plan.

If the placement contract was revoked by the employer, the placed employee did not arrive or the employee was not professionally suitable for the job , the Federal Employment Agency had to reimburse 60% of the fee, the rest it was allowed to withhold for administrative expenses. An exception to this was the case in which the employer requested a certain employee and this employee is not suitable for the job.

Repeal

The order was lifted in 2014 without replacement, so that there are currently no more fees for the corresponding brokerage. The authorization to issue such an order in Section 43 SGB III still exists.

Web links

Individual evidence

  1. ↑ in the version of the law to improve integration opportunities on the labor market of December 20, 2011, Federal Law Gazette I, pages 2854, 2868
  2. ↑ www.arbeitsagentur.de: List of the orders of the administrative board of the employment agency, accessed on September 29, 2015, the order previously listed under B 2 according to § 44 SGB III is no longer included