Hartz concept

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Hartz Concept is a name for proposals from the Commission for Modern Services on the Labor Market - known as the Hartz Commission for short - which was set up on February 22, 2002, met in Germany under the direction of Peter Hartz and presented its report in August 2002. After it became known and due to the public excitement over the mediation scandal , the first Schröder cabinet set up the commission. She made suggestions on how labor market policy in Germany should be made more efficient and state employment agencies reformed.

background

The reason for this reform was the so-called mediation scandal . After Erwin Bixler , Controller of the State Labor Office Rhineland-Palatinate - Saarland , noticed such manipulations even before 1998, which even went back to the 1980s, but the matter remained largely unnoticed, the mediation scandal essentially resulted from allegations of the Federal Court of Auditors from January 2002, which now in the leading and tabloid media (including with Bixler's state of siege for several days and an interview in his living room).

In the 2002 report, the Federal Labor Office was accused of serious errors in the placement statistics. About a third of the placements were incomprehensible and partly fictitious, other sources speak of up to 70% "wrong job placements". Coined numbers using “fictitious SteA” - the technical term used in employment offices for fictitious “job offers” - should have a positive effect on the statistics . This earned the BA the accusation of manipulation in the press and in public . The number of administrative staff (around 85,000) in relation to the number of intermediaries (around 15,000) was also criticized.

The stated goal of the Hartz concept that was then drawn up was to renew the structures of the Federal Employment Service at the time and to halve the number of unemployed from four million within four years. The measures did not take place completely independently, but within the framework of the goals of Agenda 2010 . For better implementation in the legislative process, the measures were divided into individual laws for reforming the labor market with the abbreviations Hartz I , Hartz II , Hartz III and Hartz IV ; the individual laws came into force gradually between 2003 and 2005. Changes to the laws took place from 2006, see unemployment benefit II .

Hartz Commission

composition

On February 22, 2002 the Commission for Modern Services in the Labor Market was set up. The members included (with their function at the time):

Bertelsmann Foundation

In an interview in 2010, Peter Hartz himself attributed the success of his commission to the help of the Bertelsmann Foundation . According to the research results of Helga Spindler , the foundation had already drawn up an internal paper of the non-public working group “On the discussion of the reform of unemployment and social assistance” in January 2002, parts of which were later found in the documents of the Hartz Commission that were considered contributions by "Experts" were designated. According to Spindler, the foundation allowed lectures, organized trips and workshops to be held in the five working groups. The foundation's contribution was decisive for the success of the Hartz commission and the foundation played a large part in the content that the commission ultimately developed.

Commission proposals

The Hartz concept for reforming the labor market comprises 13 “innovation modules”. The unemployed person's own integration performance should therefore be at the center of job promotion. The following elements were proposed by the Commission:

Duplicate customer orders: job seekers and employers - improved service for customers - job center
The employment offices are given the name JobCenter, imitating the English model. In addition to the BA's previous services, the JobCenters also provide labor market-relevant advice and support for the social welfare office , the youth welfare office , the housing office , addiction and debt counseling, and act as an interface to the personnel service agency (PSA). The employment agencies, now called case managers , are freed from administrative and secondary tasks and concentrate on maintaining contacts with companies and acquiring positions.
Family-friendly quick mediation and increased placement speed
Employees are obliged to inform the JobCenter immediately after a dismissal about impending unemployment so that placement efforts can start early. If you register late, there are deductions from unemployment benefits . Various measures are intended to accelerate the placement process and make it family-friendly. Unemployed people who are responsible for families are given preferential treatment. Additional childcare capacities are being built to improve the compatibility of family and work .
New reasonableness and voluntariness
The reasonableness is reformulated according to geographical, material, functional and social criteria, in which the family situation also plays a role. A young, single unemployed person is expected to be more mobile than an unemployed person with responsibility for family members. If an unemployed person refuses to work, he must prove that the refused work was unreasonable. In the future, blocking periods for the payment of unemployment benefit will be differentiated according to different facts.
Young unemployed people - apprenticeship time securities
The JobCenters take responsibility for an active mutual search for an internship or training position. Further new apprenticeships are to be developed. Qualification modules from existing training occupations are to be increasingly offered to young unemployed people. The training time securities (AZWP) are intended to finance additional training positions. The AZWP is implemented by a non-profit foundation.
Promotion of older workers and the "BridgeSystem"
Two ways are proposed to cope with the unemployment of older people: To better integrate older unemployed people into the labor market, wage insurance, which supplements the previous unemployment insurance , replaces part of the loss of income that occurs when taking on a lower-paid job that is subject to social insurance. In addition, the rate of unemployment insurance contributions for older people is reduced when they take up a new job. The possibilities of temporary employment for older people are being expanded. On the other hand, the "BridgeSystem" allows older unemployed people aged 55 and over to withdraw from receiving unemployment benefits and care from the JobCenter at their own request. Instead of unemployment benefit, you receive a monthly benefit calculated on a cost-neutral basis and full social security protection .
Merging of unemployment benefits and social assistance
In order to avoid administrative expenses and a lack of transparency as well as to improve coordination and responsibility, everyone who receives services will only be looked after by one point in the future. There will be three types of benefits:
  1. The unemployment compensation is the contributory insurance benefit corresponding to the previous rules in duration and amount.
  2. The unemployment benefits is a tax-funded power, depending on the need, for securing the livelihood of unemployed people capable after unemployment benefits or if the entitlement to benefit is not satisfied.
  3. Social assistance corresponds to the previous social assistance for those unable to work.
Employment balance - bonus system for companies
All companies are called upon to meet their responsibility for safeguarding and creating jobs. The JobCenters and the Competence Centers support companies in this and therefore offer employment advice in the areas of labor law , the organization of company working conditions, etc. Companies with a positive employment trend receive an unemployment insurance bonus.
Development of personal service agencies (PSA) - company-related further training - integration of those that are difficult to place
The Personal-Service-Agentur (PSA) is an instrument for reducing unemployment. The aim is to overcome employment barriers and to quickly reintegrate the unemployed into the primary labor market with a new form of placement-oriented temporary employment . The PSAs are independent organizational units and work for and on behalf of the employment office. The obligation of the unemployed to take up employment in the PSA results from the regulations of reasonableness. Rejection is associated with reduced benefits. During the probationary period , a net wage equal to the unemployment benefit is paid, followed by the collectively agreed PSA wage. If an employee changes to a regular employment relationship, he receives the usual wage there. The legal restrictions of the Temporary Employment Act are to be lifted.
New employment and reduction of undeclared work through “Ich-AG” and “Familien-AG” with full insurance - mini-jobs with flat-rate tax and deductible from private services
With the two new instruments Ich-AG and Mini-Job , new ways of dealing with the problem of illegal work are shown . The Ich-AG aims at less undeclared work for the unemployed, the mini-jobs on less undeclared work in services in private households. The income limit for mini-jobs for services in private households is to be raised to 400 euros per month, and the collection of social security contributions (social security flat-rate of 12 percent) will be simplified.
Personnel - transparent controlling - efficient IT support for all processes - organizational structure - self-administration - labor market research - change management
The BA will work according to a new model, which is expressed in a new guideline for every employee and a new personnel concept. Within the BA, the employment relationships are being redesigned. There will be many changes: These include a new uniform service law , the control of the employment offices via agreed or specified results, the further development of controlling , the continuous support of all business processes through IT and public access to information and services via the Internet and self-information facilities. The organizational structure will be two-tiered in the future: Headquarters and employment offices that serve local customer requirements via JobCenter. A competence center will also be set up in each federal state.
Conversion of the state labor offices into competence centers for new jobs and employment development - start with the new federal states
The state labor offices are being converted into competence centers whose employment policy tasks are financed by taxes. The competence centers network and coordinate labor market and economic policy across administrative boundaries. They offer complementary solutions and resources to federal states, municipalities, companies and chambers. They also act as the main point of contact for large companies, support the JobCenters in advising small and medium-sized companies, act as a liaison point to the state governments, coordinate supra-regional qualification programs and conduct trend and regional labor market research.
Financing measures to reduce unemployment
With the concept of the JobFloater , the financing of unemployment is replaced by the financing of work. If a company hires an unemployed person after the probationary period and creates a new job, it receives the option of a financing package in the form of a loan. This offer is for small and medium-sized businesses in the old and new countries. With a JobFloater in the amount of 100,000 euros (50,000 euros promotional loan, 50,000 euros subordinated loan) and an allocation for 100,000 employees per year, this would result in a financing requirement of 10 billion euros per year. If the number of unemployed is reduced by 2 million in the next three years, according to today's standards, according to rough estimates, there would be a savings effect of 19.6 billion euros in unemployment benefits and unemployment assistance - funds that are used to promote self-employed or family groups and can be used in the PPE.
Master plan - contribution of the "professionals of the nation"
Not only politicians, trade unionists, entrepreneurs should fight against unemployment - or even the unemployed alone; Instead, the aim is to create a comprehensive network of concrete projects to solve the problems associated with unemployment, a network in which as many people as possible with different areas of activity should participate. The Hartz Commission tried to summarize this under the name “professionals of the nation”; This means practically everyone who does something: politicians, employees of the Federal Labor Office, entrepreneurs and managers, trade union officials and works councils, representatives of business and employers' associations, teachers, clergy, journalists, artists, those responsible in social institutions, unemployment initiatives and self-help groups.

The aim of the commission was to prepare decisions on the basis of a discussion of various experts such as business consultants, politicians and managers.

implementation

The Commission's proposals were implemented in four phases (Hartz I to IV). They gradually came into force between January 1, 2003 and February 1, 2006, with Hartz I and II mainly on January 1, 2003, Hartz III mainly on January 1, 2004 and Hartz IV mainly on January 1, 2005 in Force kicked.

Laws for modern services on the labor market (Hartz I – IV)

Hartz I.

First law for modern services on the labor market of December 23, 2002 ( Federal Law Gazette I p. 4607 )

The Employment Act was amended by Hartz I on essential points: The special limitation ban, the synchronization ban reinstatement prohibition and restriction of the lease period not exceeding two years were lifted. In favor of temporary workers, the so-called principle of equality was enshrined in law. This means that temporary workers must be employed on the same terms as the ordinary worker in the user enterprise: Same work , same pay , same holiday entitlement (. So-called equal pay and equal treatment). A collective agreement can, however, permit deviating regulations, of which use has already been made, for example through the collective agreements of the employers' association of medium-sized personnel service providers (AMP) with the collective bargaining community for Christian Unions Temporary Work and PSA or through the collective agreements of the DGB - unions with the Federal Association of Temporary Work (BZA) or the Association of German Temporary Employment Agencies (iGZ). Constitutional complaints from employers' associations and rental companies against the principle of equality were unsuccessful. With these changes, the legislature wanted to increase the quality and social acceptance of temporary work.

Hartz II

Second law for modern services on the labor market of December 23, 2002 ( Federal Law Gazette I p. 4621 )

  • Regulation of the types of part-time employment ( mini and mid- job ).
    • Partly employed is someone who earns up to 400 euros a month, previously it was 325 euros.
    • Employees who work more than 15 hours a week can also be classified as marginally employed.
    • The flat rate contribution to statutory health insurance will be increased from 10% to 11% of the gross wage.
    • The employer pays a flat rate tax of 2% of the gross wage.
  • I-AG
  • Establishment of job centers

Hartz III

Third law for modern services on the labor market of December 23, 2003 ( Federal Law Gazette I p. 2848 )

Hartz IV

Fourth law for modern services on the labor market of December 24, 2003 ( Federal Law Gazette I p. 2954 )

  • Merging of unemployment assistance and social assistance ( assistance for subsistence ) for those able to work for unemployment benefit II (ALG II) in part to a level below the previous social assistance. The current benefits of the old social assistance were nominally lower than the standard benefit of the newly introduced ALG II, but if necessary they were topped up by various one-off benefits, possibly above the rate of the corresponding ALG II. Before the introduction of ALG II in the western federal states until the end of 2004, the standard monthly rate of social assistance for a single person was between € 287 and € 297, in the eastern states between € 282 and € 285, while the standard benefit of ALG II from 1. January 2005 was € 345 in the west and € 331 in the east. The one-off subsidies granted in addition to the standard rate of social assistance were now largely included in the standard benefit under ALG II, so that one-off subsidies could no longer be claimed. According to Peter Hartz, the originally planned level of the standard benefit of ALG II was € 511 per month and thus well above the social welfare rate, which was denied by the federal government. A supplement was paid for those in need of assistance whose entitlement to unemployment benefit was exhausted, which was up to € 160 in the first year of ALG II receipt and up to € 80 in the second year. (This surcharge was later abolished without replacement by a law of the black and yellow federal government on January 1, 2011.)
  • Both social benefits are to be administered directly to the employment agency for the unemployed who are able to work . However, 69 districts and municipalities are given the opportunity to take responsibility for looking after the long-term unemployed (so-called municipal option or option model ).
  • From February 1, 2006, the duration of unemployment benefits from unemployment insurance will be reduced to a maximum of 18 months. According to a resolution of the grand coalition in 2007, people over the age of 58 should receive unemployment benefits for 24 months if the requirements are met. Anyone who is no longer entitled to unemployment benefit I will then receive unemployment benefit II, whereby the granting of unemployment benefit II takes into account the assets and income situation of the applicant and certain relatives.
  • From 2005, the standard rate for children between the ages of seven and thirteen in Hartz IV families was set at 60% (previously: 65%) of the standard rate for a single adult. Young people between 14 and 17 receive 80% from 2005 (previously 90% since 1955) and thus as much as adult household members; previously they received 12.5% ​​more than this, because as adolescents they were recognized as having a higher need (“growth need”).

Deviations

The then Federal Chancellor Gerhard Schröder had promised in the federal election campaign of 2002 to implement the proposals from the Hartz concept “one to one”, but this was not implemented.

Peter Hartz himself was just as dissatisfied with the implementation and said: "Hartz is not everywhere where it says Hartz." In the 2007 book Macht und Ohnmacht , Hartz stated: "The result is a system that disciplines and disciplines the unemployed to get punished."

There were deviations in detailed questions such as the assessment limits or the amount of health insurance contributions as well as instruments such as mid-jobs , which are not explicitly mentioned in the Hartz concept. In 2006, I-AGs were completely withdrawn and personnel service agencies were fundamentally changed in terms of their functions.

In addition, there are continuous modifications in the area of ​​entry requirements and the right to benefits ( SGB ​​II Amendment Act and Further Development Act ); see unemployment benefit II .

Effects

As a result of the Hartz IV reforms, there were protests by trade unions, charities and the PDS ; in the majority, however, the unions supported the reforms. After the reforms came into force, some of the welfare associations also turned around and acted as providers of work opportunities with additional expense allowances ( “one-euro jobs” ).

Legal collision and wave of lawsuits

The European Court of Justice declared part of the Hartz Laws null and void because of age discrimination . Older workers over 52 years of age should not always be employed only on fixed-term contracts. Overall, a significant number burdened by - successful high percentages - suits the social courts , job centers and - in particular due to the tedium and the resulting financial and psychological pressure -. The applicant himself to lawsuits led by limitations of freedom of movement under Article type 2 and Article 11 of the Basic Law , as they repeatedly restricted job centers .

The Federal Social Court announced because of the wave of lawsuits in 2007 to set up its own Senate for Hartz IV cases, in order to create landmark decisions. However, significant parts of the federal government reacted symptom-oriented and not cause-oriented. Several federal states (Baden-Wuerttemberg, Hesse, Schleswig-Holstein) applications for a "- For example, already years presented before - repeated 25 January 2010 legal aid Limitation Act " (PKHBegrenzG) including the German Association of Judges (DRB) already commented. However, after appropriate deliberation, the initiative did not find a majority; the rejection was announced on May 17, 2013. Nevertheless, Die Welt reported on May 20, 2013 that a draft law presented by the FDP would provide for “ lowering the previous tax exemptions ”, which regulate whether those affected are entitled to legal aid . The “amount of the repayment” should also be “re-regulated” according to these plans. Numerous fundamental legal conflicts were resolved with changes u. a. of the Second and Twelfth Book of the Social Code , the Basic Law , as well as newly created laws (see following chronology).

Chronology of legal conflicts and their reaction

Nov 22, 2005 In the so-called Mangold decision, the European Court of Justice (ECJ) declares the restriction of protection against dismissal for over 52-year-olds introduced in the first Hartz Act to be incompatible with EU law ( discrimination ).
Dec 20, 2007 The Federal Constitutional Court (BVerfG) declares the ARGEs introduced with "Hartz IV" to be unconstitutional. The legislature provided a remedy with the law amending the Basic Law ( Article 91e ) of July 21, 2010 and the law on the further development of the organization of basic security for job seekers ( §75 + 76 SGB II ) of August 3, 2010.
Jan. 27, 2009 The Federal Social Court (BSG) considers the standard benefit for children under 14 to be unconstitutional and submits the provision to the Federal Constitutional Court for review. This was remedied by the legislature with the law on the determination of standard needs and the amendment of the second and twelfth books of the social code of March 24, 2011.
Feb 9, 2010 The Federal Constitutional Court (BVerfG) generally declares the calculation of the standard benefit to be unconstitutional. The regulations remain applicable until the new regulation, which the legislature has to make by December 31, 2010. This was remedied by the legislature with the law on the determination of standard needs and the amendment of the second and twelfth books of the social code of March 24, 2011.
Nov. 5, 2019 The Federal Constitutional Court (BVerfG) declares the sanctioning of standard benefits by 60% or 100% to be unconstitutional. This verdict follows the demands of the DStGB , which suggests a complete revision of the sanctions. However, the increased level of sanctions remains for Hartz IV recipients under 25 years of age.

costs

It was planned that the costs for the welfare state could be reduced overall by reducing social benefits. In 2005, however, they rose from an expected 14.6 billion to 25.6 billion euros , and in 2006 to 26.4 billion.

In the following years the costs developed as follows:

year Expenditures in euros
2007 35.7 billion
2008 34.8 billion
2009 36 billion
2010 36 billion
2011 33 billion
2012 40 billion
2013 40.65 billion

Limitation of the principle of subsidiarity

The principle of subsidiarity is a generally recognized maxim that prioritizes private responsibility over state responsibility. The Hartz laws violate this principle insofar as they largely limit the social responsibility of parents for their children and children for their parents if they do not live in a domestic community ( community of need ). As a result, a family previously living in a community that included at least one potential Hartz IV recipient was able to increase their total income using Hartz IV funds if the person concerned moved into their own apartment and a new community of needs was created . According to the Hartz regulations, not only the additional rent was paid by the state, it also increased the claim from Hartz IV or it was created through it. As a result, many new communities of need emerged, which increased the costs of Hartz IV considerably.

Accusation of excessive cuts

The introduction of Hartz IV was protested at the Monday demonstrations against social cuts in 2004 .

Unions have criticized an excessive burden on small and medium incomes rather than placing a particular burden on the higher income groups and wealthy owners. Unemployment is not a personal fault, but a mass phenomenon in view of the millions of vacancies that cannot be tackled by “punishing” the unemployed. Unemployment is also not due to placement problems and unwillingness of the unemployed, which, according to this view, is also reflected in the low number of vacancies per registered unemployed, which the Hartz concept is primarily aimed at. Reference is made to the low, but positive growth of the German economy compared to the global economy. The critics consider the relatively high loss of standard of living threatened by prolonged unemployment as a particular hardship to be taken into account.

Accusation of insufficient cuts

Neoclassical economists said that the Hartz concept does not go far enough, but represents the "right" way. Proponents of the Hartz concept are of the opinion that over the years people have got used to the fact that the state provides them financially even beyond emergencies. Social benefits have become a matter of course. The sudden cut in social welfare therefore appears to many as hardship. In particular, they are calling for further liberalization of labor law .

The federal government declares that the volume of the support service will not be reduced, but merely distributed differently. In addition, the employment agencies are so closer to the unemployed and can find work more quickly without going through various authorities.

Reasonableness criteria

Trade unions and welfare associations particularly criticize the change in the conditions of reasonableness brought about by the Hartz concept, which essentially means that any work (including paid or marginal employment) is reasonable. They fear negative effects on both employees and the economy:

  • Acquired qualifications would be devalued if jobs had to be accepted regardless of the acquired training or if this was at the discretion of the respective clerk at the agencies.
  • There is pressure, especially in the lower wage groups, because everyone can be forced to any job. The unions fear wage cuts and thus a further weakening of domestic demand. The entire wage structure could slide downwards.
  • The compulsion for nationwide mobility could disrupt social structures (families, groups of friends) and lead to emigration, especially of the younger and more mobile sections of the population, in entire regions (especially eastern Germany ).

Even if the federal government speaks of the fact that the 1 euro jobs (work opportunity with additional expense allowance) should only be created in areas that are otherwise not served by the market or public institutions, trade unions and local medium-sized companies and business associations in particular criticize this regulation .

  • A demarcation between activities: that are otherwise not offered. and possible business areas and public services is difficult or dependent on the respective state of public supply.
  • De facto subsidized employment relationships could compete with existing institutions and companies and increase pressure on appropriate wages.

Forecasts and ratings

The Federal Employment Agency interpreted the decline in short-term unemployment in May 2006 as a positive effect of the Hartz concept three years after the last stage ("Hartz IV") came into force. The Federal Agency attributes this decline, among other things, to more intensive care for the unemployed. The number of long-term unemployed fell by 700,000 to 2.3 million over the next two years.

In August 2003, Hermann Scherl, professor of social policy at the University of Erlangen, forecast a reduction of no more than 400,000 unemployed people instead of the two million unemployed people announced in the Hartz report. He also criticized the opportunities for abuse in the Ich-AGs, the lack of attractiveness of mini-jobs for the unemployed and welfare recipients, the division of regular jobs into several mini-jobs, low utilization and deadweight effects in the job floater and the only partial deregulation of temporary employment . He praised the political recognition of temporary employment, the improvement in placement by the Federal Labor Office and the amalgamation of unemployment and social assistance.

The economist Rudolf Hickel said in an interview with the Tagesschau on July 2, 2004:

“The primary motive is above all to save on social spending. We have high unemployment, we have high unemployment costs. The primary goal is simply to save. The Minister of Economic Affairs himself said that the most important challenge for jobs is economic growth. But the Hartz laws - we know for sure - do not provide any growth impulses, rather even a burden. (...) We have calculations that the labor market reforms could ultimately cost around 100,000 jobs. "

Federal Chancellor Schröder announced cuts and savings as a central goal of Agenda 2010 , in which the Hartz concept was an essential part, in his government declaration on March 14, 2003 at the latest. Preliminary work had already been done in the 1999 Schröder-Blair paper . Schröder named among other things the "restructuring of the welfare state and its renewal" and "we will cut benefits of the state". Even Angela Merkel thanked Gerhard Schroeder that he "pushed open a door to reforms" and had "enforced the agenda against resistance." (see under discussion and implementation of Agenda 2010 ).

Others are of the opinion that it turned out that the effects of the Hartz reforms had a significant share in the “German employment miracle” of the last 10 years. From around 2005 a lasting change in the German labor market took place. In 2017, the situation on the German labor market is probably better than it has been since the early 1970s. There have never been as many vacancies in Germany as in 2016 (almost 700,000). The connection between wage and employment indicators points to the influence of the labor market reforms of Agenda 2010, since the employable population was activated to participate in the labor market from 2005 onwards. The reform of unemployment benefits as part of the Hartz reforms made it possible to expand the labor supply in the lower wage segment, so that part-time and full-time work that is subject to social insurance has increased. Furthermore, there is no evidence that the Hartz reforms contributed to the increase in net income inequality.

Origin of name and cultural reception

The name comes from the former VW manager Peter Hartz , who in 2002 headed a commission in which proposals for labor market laws were drawn up.

Although unemployment benefit II is the official name, the basic security benefit for employable beneficiaries is often referred to as Hartz IV for short . The Society for German Language chose the term 2004 as word of the year .

An adjectival use of Hartz IV in reference to the lower class and the precariat is common , for example in expressions such as Hartz IV television for lower class television or Hartz IV milieu, and inspired the verb hartzen for receiving social benefits.

chronology

Feb. 22, 2002 The federal government instructs the commission.
Aug 16, 2002 The commission publicly presents its results (so-called "Hartz proposals") in the French Cathedral in Berlin. Media-effective handover of a data CD with the commission results by the commission chairman Hartz to Federal Chancellor Schröder.
22 Aug 2002 Federal Government resolution to implement the proposals;
Elaboration of the four steps for implementation
Dec 23, 2002 First law for modern services on the labor market
Comes into force with effect from January 1, 2003, individual regulations with different dates of entry into force
Dec 23, 2002 Second law for modern services on the labor market
Comes into force with effect from January 1, 2003, individual regulations with different dates of entry into force
23 Dec 2003 Third law for modern services on the labor market
Comes into force with effect from January 1, 2004, individual regulations with different dates of entry into force
Dec 24, 2003 Fourth law for modern services on the labor market
Comes into force with effect from January 1, 2005, individual regulations with different dates of entry into force
Nov 22, 2005 In the so-called Mangold decision, the European Court of Justice (ECJ) declares the restriction of protection against dismissal for over 52-year-olds introduced in the first Hartz Act to be incompatible with EU law ( discrimination ).
Dec 20, 2007 The Federal Constitutional Court (BVerfG) declares the ARGEs introduced with "Hartz IV" to be unconstitutional. This was remedied by the legislature with the law amending the Basic Law

(Article 91e) of July 21, 2010 and the Act on the Further Development of the Organization of Basic Security for Jobseekers of August 3, 2010.

Jan. 27, 2009 The Federal Social Court (BSG) considers the standard benefit for children under 14 to be unconstitutional and submits the provision to the Federal Constitutional Court for review. This was remedied by the legislature with the law on the determination of standard needs and the amendment of the second and twelfth books of the social code of March 24, 2011.
Feb 9, 2010 The Federal Constitutional Court (BVerfG) generally declares the calculation of the standard benefit to be unconstitutional. The regulations remain applicable until the new regulation, which the legislature has to make by December 31, 2010. This was remedied by the legislature with the law on the determination of standard needs and the amendment of the second and twelfth books of the social code of March 24, 2011 ( Federal Law Gazette I p. 453 ).

literature

  • Christiane Büchner, Olaf Gründel (ed.): Hartz IV and the municipalities. Concepts, implementation strategies and first results . (= KWI workbooks; 8). Municipal Science Institute, University of Potsdam 2005 (digitized version)
  • Peter Hartz among others: Modern services on the labor market. Commission proposals to reduce unemployment and to restructure the Federal Labor Office. (PDF; 3.8 MB) Federal Ministry of Labor and Social Affairs, Berlin 2002
  • Hansjörg Herr: Labor market reforms and employment. About the economic theoretical foundations of the Hartz Commission's proposals. In: Prokla. Journal for Critical Social Science, Issue 129, 32nd year (2002), No. 4
  • Holger Kindler, Ada-Charlotte Regelmann, Marco Tullney (eds.): The consequences of Agenda 2010 - old and new constraints of the welfare state . VSA, Hamburg 2004, ISBN 3-89965-102-2 .
  • Sven T. Siefken: The work of the so-called Hartz Commission and its role in the political process. In: Svenja Falk / Dieter Rehfeld / Andrea Römmele / Martin Thunert (eds.): Handbuch Politikberatung : Wiesbaden: VS Verlag für Sozialwissenschaften, 2006, pp. 374–389.
  • Norbert Wiersbin: The Hartz disaster. On the way to the injustice state. RaBaKa-Pockets, 2013, ISBN 978-3-940185-24-2 .
  • Matthias Kaufmann: No right to be lazy. The image of the unemployed in the debate about the Hartz reforms. Series: Theory and Practice of Discourse Research , Springer, ISBN 978-3-658-02085-9 , 2013.

Web links

 Wikinews: Hartz IV  - in the news

Individual evidence

  1. Audit report of the internal auditing of the Landesarbeitsamt Rhineland-Palatinate-Saarland, Erwin Bixler, September 30, 1998 ( Memento of December 5, 2014 in the Internet Archive )
  2. “The manipulations: a detailed chronology of all events” , DokZentrum, ansTageslicht.de
  3. Tim Obermeier, Frank Oschmiansky: The public employment agency , u. a. under What was the so-called "mediation scandal"? , Federal Agency for Civic Education from January 31, 2014.
  4. ^ Employment office affair: Jagoda had been informed since 1998 . In: Spiegel Online . February 9, 2002.
  5. Employment office scandal: Hangover for Jagoda . In: Spiegel Online. February 15, 2002.
  6. ^ The manipulations: a detailed chronology of all events , DokZentrum, ansTageslicht.de
  7. "Who is behind Hartz IV? - The ghostwriters of the commission " (PDF; 36 kB)
  8. Rudolf Speth, Annette Zimmer: “Lobby Work: Representation of interests as policy-making”, 2015, Springer VS, ISBN 978-3-658-09432-4 , p. 338 and following
  9. a b AÜG reform: What is the AÜG reform? prosoft EDV -lösungen GmbH & Co. KG, archived from the original on November 8, 2019 ; accessed on November 8, 2019 .
  10. Decision of December 29, 2004 - 1 BvR 2283/03. Federal Constitutional Court, December 29, 2004, accessed May 31, 2016 .
  11. Section 19 (2) SGB II in the version of the law of December 24, 2003 ( Federal Law Gazette I p. 2954, 2961 )
  12. § 21 BSHG: One-time subsidies for the repair of clothing, linen and shoes in a not small amount and their procurement of not low purchase price, the procurement of fuel for individual heating, the procurement of special learning materials for schoolchildren, the repair of household items in not small amounts Scope, the maintenance of the apartment, the procurement of consumer goods with a longer useful life and a higher acquisition value as well as for special occasions
  13. ^ Rudolf Martens: Expertise. The proposal of the Paritätischer Wohlfahrtsverband for a socially just standard rate as a socio-political basic variable. New standard rate calculation 2006 ( Memento of December 9, 2008 in the Internet Archive ) (PDF; 555 kB), new revised edition. The Paritätische Wohlfahrtsverband, Berlin 2006. (Therein among others: " The standard needs and the content of the standard rates are determined in § 28 SGB XII. The structure of the new standard rates differs from the Federal Social Welfare Act valid until 2005 - according to § 22 (BSHG) - in the following ways Points: As part of a typifying approach, most of the previous one-off services are now integrated into the standard rate. In addition, non-lump-sum one-off services continue to be granted in only three cases; according to Section 31 SGB XII, these would be initial equipment for apartments, initial equipment for clothing and multi-day school trips (Section 37 SGB XII). In the case of other one-off services, such as the replacement of a defective refrigerator, the recipient must now pay this from his future social benefit or unemployment benefit II or from his savings or apply for a loan from the service-paying office (Section 37 SGB XII). ")
  14. TV documentary "In Search of Peter Hartz", November 14, 2011, ARD (0:28 min)
  15. Printed matter 17/8279, question 93 Printed matter 17/8279, question 93
  16. § 24 SGB II in the version of the fourth law for modern services on the labor market of December 24, 2003 ( Federal Law Gazette I p. 2957, 2962 )
  17. Article 15 No. 4 Budget Accompanying Act 2011 of 9 December 2010 ( Federal Law Gazette I, pp. 1885, 1896 )
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  20. Peter Hartz, Inge Kloepfer : Power and powerlessness . Hoffmann and Campe , 2007, ISBN 978-3-455-50028-8 , pp. 224 .
  21. Mag Wompel: Black sheep of the unemployed industry. In: Agency closing (ed.): Black Book Hartz IV . Association A, Berlin / Hamburg 2006, p. 84 ff.
  22. Almost every second Hartz IV lawsuit is successful , Die Welt, May 20, 2013, accessed on February 15, 2015.
  23. Hartz IV recipients are free to choose their place of residence. social services.info, June 2, 2010, accessed October 28, 2012 .
  24. BSG strengthens freedom of movement for Hartz IV recipients. In: Associated France-Presse (AFP). N24, June 1, 2012, accessed October 28, 2012 .
  25. Budget of the federal government and comments from: Mareke Aden: The great money destruction . In: Der Spiegel . No. 7 , 2007, p. 32 f . ( online ).
  26. ^ Motion for a law from the states of Baden-Württemberg, Hesse, Schleswig-Holstein; Printed matter 37/10 of January 25, 2010, accessed on February 15, 2015.
  27. Explanation, 866th BR, dated February 12, 2010, draft of a law to limit expenses for legal aid (Legal Aid Limitation Act - PKHBenzenG) , accessed on February 15, 2015 (PDF file)
  28. ^ Opinion of the German Association of Judges on the draft of a law to limit expenses for legal aid (legal aid limitation law - PKHBlimitedG) - BT-Drs. 17/1216 ( Memento from February 15, 2015 in the Internet Archive ) No. 18/10 from May 2010, accessed on February 15, 2015.
  29. Printed matter 399/13 of May 17, 2013 , accessed on February 15, 2015.
  30. Open Parliament, Law on the Limitation of Expenditures for Legal Aid (Legal Aid Limitation Act - PKHBenzenG) , accessed on February 15, 2015.
  31. Stefan von Borstel, Miriam Hollstein: Almost every second Hartz IV lawsuit is successful , Die Welt, May 20, 2013, accessed on February 15, 2015.
  32. ECJ: C-144/04 - Mangold - judgment of November 22, 2005. Retrieved on August 30, 2010 (Slg. 2005, I-9981-10042 = NJW 2005, 3695 = NZA 2005, 1345).
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  34. bundessozialgericht.de
  35. ^ Federal Constitutional Court, judgment of February 9, 2010 - 1 BvL 1/09, 1 BvL 3/09, 1 BvL 4/09
  36. a b Standard benefits according to SGB II ("Hartz IV Law") not constitutional , press release of the Federal Constitutional Court on the judgment of February 9, 2010 - 1 BvL 1/09, 1 BvL 3/09, 1 BvL 4/09, accessed on February 9, 2010.
  37. According to Hartz IV ruling: How will the sanctions continue?
  38. Sanctions to enforce obligations to cooperate when receiving unemployment benefit II are partly unconstitutional , press release of the Federal Constitutional Court on the judgment of November 5, 2019 - 1 BvL 7/16, accessed on November 11, 2019.
  39. Budget of the federal government and comments from: Mareke Aden: The great money destruction . In: Der Spiegel . No. 7 , 2007, p. 32 f . ( online ).
  40. ^ Costs of Hartz IV. State Center for Political Education Baden-Württemberg, accessed on December 9, 2015 .
  41. a b Financial statistics of the Federal Employment Agency
  42. No relaxation of the reasonableness criteria on FAZ.NET on February 24, 2004.
  43. ↑ The number of unemployed fell at a record pace . In: Spiegel Online
  44. Hartz IV reduces the number of unemployed . In: Handelsblatt
  45. ^ Hermann Scherl: The proposals of the Hartz commission and their implementation. An interim balance. In: List-Forum für Wirtschafts- und Finanzpolitik, Volume 29 (2003), Issue 3, Nomos-Verlags-Gesellschaft ISSN  0342-2623 ISSN  0937-0862 , pp. 216-236.
  46. ^ Government declaration by Federal Chancellor Gerhard Schröder on March 14, 2003 (PDF; 663 kB)
  47. ^ German Bundestag stenographic report 4th session (PDF; 1.0 MB). Plenary minutes 16/4, November 30, 2005, p. 78.
  48. Burda, MC and S. Seele: The German labor market miracle: A balance sheet . In: Perspectives of Economic Policy . tape 18 . De Gruyter, Berlin 2017, p. 179-204 .
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  51. oldenburger-lokalteil.de ( Memento from November 5, 2013 in the Internet Archive )
  52. welt.de
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  54. ^ Federal Constitutional Court, judgment of February 9, 2010 - 1 BvL 1/09, 1 BvL 3/09, 1 BvL 4/09