Organizationally independent unit
A company-organizationally independent unit ( beE ) is a legal term in employment promotion law (since April 1, 2012 regulated in German law in Section 111 Paragraph 3 No. 2 of Book III of the Social Code ( SGB III )).
A beE is an organizational grouping of employees within a company and in particular in a transfer company , whereby the beE is viewed in isolation under employment promotion law as if it were its own company . The reason for this consideration is purely legal, and only has legal effects: Many social security, tax and labor law legal facts are linked to the concept of a company, which in the case of a "normal", i.e. actually operating company for the norms in question is seldom greater Raises delimitation problems. However, this becomes important in the event of a "disruption", insolvency, spin-off and spin-off and especially in the case of mass layoffs, if this involves transferring a significant part of the workforce to a rescue company ( employment and qualification company (BQG), transfer company ).
If employees are transferred to an existing BQG, employees from other companies are already in that BQG. Since a BQG only provides job placement , qualification, etc., but the employees promoted under short-time work "zero" (no actual working hours remain) are not actually employed, all employees employed in the BQG would be regarded as members of the same company according to the classic delimitation criteria . This would make it impossible to determine the requirements for receiving transfer short-time work benefits based on the individual circumstances of the company making the transfer. For this reason, the employees are grouped together in so-called organizationally independent units (which is also possible in the transferring company itself and is practiced in some cases, e.g. at Siemens AG) and treated as virtually independent, although in fact they are not.
