Employment obligation
In German law, the obligation to gain employment refers to the obligation to make use of one's ability to generate income by using one's own labor.
Maintenance law
In maintenance law , both the person obliged to pay maintenance have an obligation to pay so that they can fulfill their maintenance obligation and the person entitled to maintenance in order to avoid their own need ( Section 1602 BGB).
The degree of employment obligation is differently pronounced in the various family law relationships.
Parents of underage unmarried children and of adult unmarried children up to the age of 21, as long as they live in the household of their parents or one of the parents and are in general schooling, have an increased maintenance obligation. You must acc. Section 1603 (2) of the German Civil Code (BGB) use all available means to support yourself and your children. The requirements for spouses in terms of separation maintenance and after-marriage maintenance are less strict. Yet other standards apply to parental support . The employment obligation of child mothers to cover their own maintenance is also subject to special rules. If you have small children up to the age of 3, you do not need to work. In the case of older children, at least part-time employment is usually reasonable. In the case of minor maintenance, under certain conditions, taking up a secondary job is reasonable in addition to full-time employment. The receipt of a full disability pension does not release from the obligation to work at least for up to three hours a day, unless it is asserted that the health restrictions do not allow any more gainful employment.
The employment obligation must be fulfilled through serious efforts to find work (report to the Federal Employment Agency , post job advertisements, write applications, etc.). The necessary application efforts are subject to high requirements in terms of number and content.
The person liable for maintenance, whose income is not sufficient to meet his / her maintenance obligation in full , while maintaining the deductible , may be assigned fictitious income that he could achieve if he were to exercise appropriate gainful employment or reasonable secondary employment.
Exceptions can exist if an activity cannot be expected. Minors, full-time schoolchildren and students are generally not expected to work. This can also be the case because of age or illness.
The maintenance claimant cannot sue for employment obligations. To speak of an obligation or obligation would therefore be wrong. Rather, the fulfillment is in the own interest of the person who meets the obligation, because legal disadvantages such as the offsetting of fictitious income occur in the event of a breach of obligation. One then assumes that the person in question actually has the income that he could have and calculates the maintenance accordingly.
The extent to which the debtor has an obligation to gain employment is judged by the specific circumstances of the individual case. Certain requirements result from the maintenance guidelines of the higher regional courts such as the Düsseldorf table .
Bankruptcy law
According to Section 295, Paragraph 1, No. 1 of the Insolvency Code , the debtor has to exercise adequate gainful employment during the so-called period of good conduct and, if he is unemployed, to try to do so and not refuse any reasonable activity. In the event of non-fulfillment of the employment obligation, the discharge of residual debt can be denied according to § 290 Paragraph 1 No. 5 InsO .
For this it is usually necessary, but also sufficient, to report to the Federal Employment Agency as a job seeker and to keep in constant contact with the responsible employees. Furthermore, the debtor must actively and seriously seek a job, for example by constantly reading relevant job advertisements and through corresponding applications. Two to three applications per week can be used as an approximate guide, provided that appropriate positions are available.
Social law
The violation of the duty to take up a reasonable job is recognized by recipients of unemployment benefit II in accordance with § 31 , § 31a SGB II sanctioned with a reduction in benefits.
Web links
- Maintenance guidelines and tables in Germany (link collection)
Individual evidence
- ↑ BGH, judgment of December 3, 2008 - Az. XII ZR 182/06
- ↑ Susanne Wolf: New Maintenance Law - Employment Obligation of the Child Mother on the Legal Situation since January 1, 2008
- ↑ BVerfG, decision of March 5, 2003 - 1 BvR 752/02
- ↑ BGH, November 9, 2016, AZ XII ZB 227/15
- ↑ Ernst Sarres: Employment obligation: application efforts must meet high requirements 2004
- ↑ Wolfgang Sattler: Increased employment obligations and fictitious income from reasonable secondary employment ( memento of the original from September 1, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. on BGH, judgment of December 3, 2008, Az. XII ZR 182/06
- ↑ Andreas Schulze: Escape into illness - no way out! ( Memento of the original from September 13, 2015 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. (without year)
- ^ BGH, decision of May 19, 2011 - IX ZB 224/09
