Availability arrangement

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The arrangement of the Board of the Federal Institute for Occupational compulsory unemployment, proposals time the employment office to occupational integration and to make local drains a result , in short: accessibility arrangement (EAO) is a Board of Directors of Federal Labor (now the Federal Employment Agency ) issued arrangement , in which the eligibility requirement for unemployment benefit or unemployment benefit II , that the beneficiary must be able to follow the suggestions for professional integration promptly and locally, should be specified.

According to the order, an unemployed person has to stay once a working day in his apartment or at another address given by him in order to receive and take note of the mail. He must be able to personally visit the employment agency or a potential employer immediately. If the unemployed person wants to go on vacation, he or she needs the approval of the authority according to the order, which can usually be given to him for a maximum of three weeks per calendar year.

Authorization to issue orders

Accessibility arrangement has been approved by the Board of Directors of the Federal Labor Office (now the Federal Employment Agency) on 23 October 1997 due to the arrangement authorization by § 164 no. 2, § 373 para. 5 SGB III and with the approval of the Federal Ministry of Labor and Social Affairs issued. It came into force on January 1, 1998.

Addressees

The availability order applies to persons who, as unemployed, claim benefits under SGB III, in particular unemployment benefits.

According to § 77 Abs. 1 SGB II i. V. m. § 7 Abs. 4a SGB II a. F. It also applies to recipients of unemployment benefit II until an ordinance pursuant to Section 13 (3) SGB II has been issued for the legal system SGB II. However, the applicability of the availability order is questionable for people for whom integration into the labor market is out of the question. This was denied, for example, for recipients of social benefits (such as children under 15 years of age), but also for single mothers who cannot work because of raising a child under 3 years of age. In the commentary literature and in the technical directive on Section 7 SGB II of the Federal Employment Agency, the view is taken that a decision must be made on the applicability in individual cases.

Only for the legal system SGB II applies the restriction that in the first three months of unemployment an absence from location should only be approved in justified exceptional cases. This restriction in the EAO did not apply in 2009, but this has no effect on the legal system SGB II, as the law expressly refers to the 2001 version.

Content of the arrangement

Unemployment is a prerequisite for entitlement to unemployment benefit . According to Section 138 (5) No. 2 SGB III, you are only unemployed if you can follow the suggestions of the Employment Agency for professional integration promptly and locally. In the accessibility regulation, this obligation is specified by stating that the unemployed person must be able to do so without delay

  • To personally take note of the mail from the employment agency,
  • to visit the employment agency,
  • to get in touch with a possible employer or provider of a vocational integration measure and, if necessary, to meet with them personally and
  • to accept a proposed job or to take part in a professional integration measure.

For this purpose, the unemployed person must be reachable by the authority on every working day (i.e. Monday to Saturday) in his apartment by post, so he must go to his apartment once every working day to check for incoming mail and take note of letters from the authority. There is no obligation to stay at home or to be reachable by phone. If the unemployed person temporarily lives elsewhere, he must give the address to the authority. He must also check the post at his temporary place of residence and be able to visit the authority or a potential employer immediately from the temporary place of residence (so-called time and local area).

If the unemployed person wants to leave this area close to where they are, for a vacation trip, for example, they must report this and are only allowed to travel if the authorities have given their prior consent. There is a legal right to consent if the period of absence does not impair professional integration. As a rule, approval can only be given for up to three weeks in a calendar year. The unemployed person also needs approval for stays at a spa , participation in an event that serves state-political, church or trade union purposes or is otherwise in the public interest , or for absence to perform voluntary work. The unemployed person must ensure that he can be reached personally on working days at the address given to the authority by post during such participation; he must be able to cancel participation at any time and must have credibly declared himself ready to cancel at any time in the event of professional integration prior to participation. A further three weeks per year can be approved for such absences.

It does not conflict with the availability order if the unemployed person only leaves the apartment over the weekend, i.e. from Friday afternoon to Sunday evening, so that he can only take note of the mail arriving on Saturday on Sunday. An obligation to return to the apartment on Saturdays to take note of the letter post is disproportionate, especially since the employment office is closed on Sundays. Even if job interviews on Sundays are common in the industry in which the unemployed person previously worked, no obligation can be derived from this to be at home on the weekend in order to receive a possible invitation to an interview on Sunday, which is only sent on Saturday to be able to follow.

In special cases, the obligation to provide prior assurance can be waived, especially if a family member suddenly falls ill at the weekend, when the unemployed cannot be expected to wait until the next business day at the employment office to obtain an assurance.

Legal consequences

For the time of an unauthorized absence from the job or the time in which the unemployed person does not ensure that the employment agency can reach him by post every working day at his place of residence, the unemployed person loses his entitlement to benefits due to lack of availability. The lack of availability ends unemployment and thus the entitlement to benefits, not only for the period of absence, but up to the day on which the unemployed person reports personally to the employment agency again after returning and meets the other eligibility requirements.

literature

  • Ute Winkler: The accessibility in SGB II and III. In: info also, No. 1, 2007, pp. 3–9

Web links

proof

  1. ↑ Official news of the Federal Employment Agency 1997 page 1685, corrected page 1100, amended by the 2nd amendment order to the EAO of September 26, 2008, official news of the Federal Employment Agency No. 12 p. 5
  2. ↑ LSG Baden-Württemberg, July 14, 2010, AZ L 3 AS 3552/09
  3. ↑ LSG Berlin-Brandenburg, August 15, 2013, AZ L 34 AS 1030/11
  4. ↑ cf. Hackethal in: juris-PK-SGB II, 3rd edition, § 7 Rn. 70
  5. ↑ Technical instructions § 7 SGB II from 04.04.2018, p. 50f, 5.4.2.
  6. ↑ see also: LSG Hessen, 10.10.2013 - AZ: L 6 AS 675/13 B ER ; BVerfG, November 9th, 2015 - 1 BvR 3460/13 . The LSG Bavaria sees all beneficiaries subject to the requirements of the EAO: Bayerisches LSG, judgment of 02.26.2015 - L 11 AS 393/14 , Rn. 21st
  7. ↑ BSG, May 3, 2001, AZ B 11 AL 71/00 R
  8. ↑ Bavarian LSG, November 18, 2004, AZ L 11 AL 88/04
  9. ^ Federal Social Court , judgment of July 13, 2006, B 7a AL 16/05 R