Job assistance (Germany)

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Job assistance is a form of personal assistance and is intended to enable people to participate in working life who, due to their disability, need help with the execution of work, but are otherwise able to fulfill their contractual obligations .

The severely disabled employee himself has the organizational and instruction skills for his assistant. He either hires the assistant himself (employer model) or commissions a provider of assistance services on his own account with the job assistance (service model).

requirement

The prerequisite is always that it is about job-related support and that this is necessary. As an employee, the severely disabled person is obliged to his own employer to perform his work personally. As the word "assistance" already shows, job assistance is an aid in the execution of the work, but not the completion of the employment contract work to be performed by the severely disabled employee . Work assistance is necessary if neither the disability-friendly workplace design nor the personal support provided by the employer (e.g. from work colleagues) is sufficient to enable the severely disabled person to carry out the work in a competitive manner. Frequent users of the work assistance are, for example, wheelchair users and severely impaired senses, such as blind or deaf people.

aims

Integration into working life

As a service for the participation of severely disabled people in working life, the work assistance serves the goal of gaining a job that is subject to social insurance contributions (cf. § 49 Paragraph 8 No. 3 SGB IX). In this case, the legal claim, limited to three years, is directed against the responsible rehabilitation provider. Severely disabled people are also entitled to work assistance within the framework of job creation measures (ABM), provided they need it ( Section 270a, Paragraph 1, SGB III, Labor Agency).

Securing an existing employment relationship subject to social security contributions

Even after the integration phase, work assistance is often required in view of the type or severity of the disability. Then after three, possibly four years, there is a change of responsibility from the rehabilitation provider to the integration office (cf. § 185 Paragraph 4 SGB IX). In order to ensure uniform licensing and administrative practice, SGB IX provides in Section 49, Paragraph 8, Clause 2 that the work assistance services are carried out by the integration office from the start.

The assumption of the costs of a necessary job assistance is also possible to take up or secure an economically independent existence (cf. Section 49 Paragraph 3 No. 6 SGB IX and Section 21 Paragraph 4 in conjunction with Section 17 Paragraph 1a SchwbAV).

Cash benefit

Since the job assistance is a cash benefit to severely disabled people, it is granted in the form of the personal budget ( Section 29 of Book IX of the Social Code). The level of benefits is based on the average daily need for work assistance. The assumption of costs must be in a balanced relationship to the income subject to social security contributions that the severely disabled person earns himself. In practice, work assistance services are also provided together with services to employers to cover extraordinary burdens in the form of personal support ( Section 27 SchwbAV); this enables flexible forms of work assistance, especially when assistance needs at the workplace cannot be precisely determined in advance.

See also

literature

  • BIH Federal Working Group of Integration Offices and Main Welfare Offices (ed.): ABC Fachlexikon. Employment of severely disabled people. 6th revised edition, Cologne 2018

Web links