Job seekers

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According to Section 15, Clause 2 of SGB ​​III , job seekers are people who are looking for employment as an employee . People who are already employed or self-employed can also be jobseekers .

Employment Promotion Law

According to Section 35 of Book III of the Social Code, jobseekers are entitled to the Federal Employment Agency helping them to get together with employers to establish an employment relationship (employment agency ). Jobseekers who use the services of the Federal Agency must actively seek a job themselves and be available to the placement efforts of the Employment Agency (38 (3) sentence 2 SGB III).

Employees who are subject to compulsory insurance and whose training or employment relationship ends must, in accordance with Section 38 of Book III of the Social Code, report to the employment agency at least 3 months before the termination . If you only find out later about the termination, you must register as a jobseeker within three days of knowing the termination date. In the case of temporary employment, the jobseeker must be registered at least three months before the deadline. The purpose of registering a jobseeker early on is to enable the jobseeker and the job placement agency to move to another job as seamlessly as possible in order to avoid claiming unemployment insurance.

According to Section 2, Paragraph 2, Clause 2, Item 3 of Book III of the Social Code, the employer is obliged to inform the employee in good time that he must contact the Employment Agency in person immediately after becoming aware of the termination date of the employment relationship. If the employer does not comply, this can give rise to claims for damages by the employee.

Failure to register a jobseeker on time has resulted in a one-week blocking period for unemployment benefits since January 1, 2006 , unless there was an important reason for the late registration ( Section 159 (6) SGB III).

Pension law

Periods in which a person was registered as a jobseeker at a German employment agency due to unemployment are, according to Section 58 (1) No. 3 SGB VI, credit periods in the statutory pension insurance .

Tax law

For adult unemployed children who have not yet reached the age of 21, the child tax allowance can still be claimed if the child is registered as a jobseeker at an employment agency in Germany ( Section 32, Paragraph 6 in conjunction with Paragraph 4 No. 1 EStG). The same applies to the right to child benefit .

See also

Individual evidence

  1. Extended disclosure obligations of the employer in the event of job loss. IHK Darmstadt, November 2016, accessed on April 3, 2017 .
  2. Until the end of 2005, a reduction in unemployment benefit was calculated per day of delay. See for example: Information on jobseeking registration. In: tacheles-sozialhilfe.de. June 24, 2003, accessed April 3, 2017 .