Agricultural trade association
The Agricultural Trade Association ( LBG ) is a branch of the social insurance for agriculture, forestry and horticulture (SVLFG), which is part of the statutory accident insurance in Germany .
The former independent agricultural professional associations formed the agricultural social insurance (LSV) with the former agricultural old-age funds , agricultural health and long-term care funds until December 31, 2012 . They were all members of the former umbrella organization for agricultural social insurance based in Kassel.
Since January 1, 2013, its tasks have been performed by the newly established SVLFG.
tasks
The main task of the LBG is to insure employees and persons similar to employees of the companies serviced by the employers' liability insurance association, the entrepreneurs themselves (which is another significant difference to the commercial employers liability insurance associations, because there the entrepreneurs themselves are not regularly included in the insured group of people) and the prevention of work accidents , occupational diseases and work-related health hazards, the indemnity of work and commuting accidents and the consequences of occupational diseases. Effective first aid on farms is also supported by the LBG. For this purpose, for example, the costs of first aid training are covered by the LBG for the company. The LBG has issued accident prevention regulations , the regulations for safety and health protection (VSG), which are binding for the entrepreneurs and which are continuously adapted to the latest scientific knowledge and findings derived from the accident. They particularly concern the areas of factory equipment, safety precautions at workplaces and machines, and rules of conduct.
Agricultural entrepreneurs are obliged to comply with these regulations, to inform everyone working in the company about them and to constantly monitor compliance.
Supervisors advise and monitor the agricultural entrepreneurs in implementing the accident prevention regulations. For effective monitoring, the supervisors are authorized to visit and check the agricultural operation during its regular working hours without prior notice, to obtain information, to inspect operational documents, to check work processes, work equipment and protective equipment, to shut down machines and / or parts of the farm and to impose fines in the event of violations. Due to the regional proximity of the LBG offices, this has contributed to a significant decrease in serious or even fatal accidents at work in agriculture over time.
Insurance benefits
See main article: Statutory accident insurance in Germany
In the event of an insured event, LBG provides cash benefits and benefits in kind that correspond to the benefits of the commercial employers' liability insurance association. The insured event occurs when an insured employee suffers an accident during an insured activity. The journey from home to work and from work to home are also insured. The entrepreneurs themselves and their spouses are also insured, in contrast to the commercial professional associations. It is not necessary that workers are employed in the agricultural company. In addition, farm and household help is granted under certain conditions to maintain the farm.
In 2006, 176,269 insurance cases were reported to the LBGs and benefits of over 761 million euros were provided.
Jurisdiction
As in the general statutory accident insurance , insured events for the LBG are accidents at work , commuting accidents and occupational diseases that are causally related to the company for which it is responsible.
The LBG is responsible for companies that are active in the fields of agriculture, forestry, horticulture and viticulture, fish farming and pond management, and lake, stream and river fishing. The agricultural entrepreneur himself (also partner in an agricultural GbR, KG, GmbH, etc.), the farmer's spouse or partner, family members who work on a temporary basis, as well as employees of the agricultural business and people who work similarly are therefore insured against accidents at work at LBG.
Furthermore, beekeeping with more than 26 colonies, commercial animal keepers who keep livestock or breeding animals for the purpose of obtaining animal products, agricultural and forestry contractors as well as park and garden maintenance and cemeteries are also responsible.
The company term is to be understood here broadly: Even the smallest agricultural and / or forestry areas fall under the jurisdiction of the LBGs according to the case law of the Federal Social Court ; an intention to make a profit is not a prerequisite, so that z. For example , small sheep-rearing or horse-keeping in a meadow, understood as a hobby , are among the companies that are subject to statutory insurance and contributions within the meaning of SGB VII .
This is a definition under insurance law that cannot be compared with colloquial, tax or business terms: An accident of an insured person during an insured activity in such a company - regardless of whether a membership fee has been paid - is liable for compensation by the LBG. This means that the relevant companies are registered with the LBG and make their contributions to the community of solidarity.
The Social Security Code provides for an exemption option for smaller companies in this sense (the limit is 2,500 m²) upon application. This exemption is then final and includes the otherwise insured spouse or registered partner . So-called special crops are excluded from this. It also stipulates that allotments or ornamental gardens, for example , should not be considered an agricultural enterprise . As a delimitation, the jurisprudence has manifested over the years based on a decision by the Reich Insurance Office at the time that from a size of 2,500 m² one can no longer assume such a garden, but generally agriculture. The agreement of the m² number is purely coincidental.
The LBG's area of responsibility also includes the chambers of agriculture , companies that serve directly to secure, monitor and promote agriculture, the SVLFG itself and other institutions.
organization
Up to December 31, 2012, there were eight regional LBGs in Germany as well as the federal BG for horticulture. The LBGs were public corporations with self-administration. The representative assembly, the board of directors and the managing director were responsible. They were members of the umbrella organization for agricultural social insurance based in Kassel.
Since September 28, 2011 a ministerial draft and since November 2, 2011 the government draft of a law to reorganize the organization of agricultural social insurance (LSV-NOG) , which provided for the formation of a federal corporation under public law, in which the individual providers and the umbrella association should be incorporated on January 1, 2013. This integration, which went hand in hand with the dissolution of the previous bodies and the umbrella association, was implemented for a transitional period up to December 31, 2017. The new social security agency at the time bears the official name of social insurance for agriculture, forestry and horticulture . On March 2, 2012, the law passed the Federal Council without referring to the mediation committee . On April 18, 2012 it was finally published in the Federal Law Gazette (BGBl. Part 1 No. 16 page 579).
financing
The agricultural accident insurance is financed by contributions from the agricultural entrepreneurs in the form of an annual contribution for the past calendar year and by federal funds from the federal agricultural budget. Up to December 31, 2013, the basis for calculation was the area, the crop species, the economic value, the area value, the labor requirement, the labor value or another appropriate standard - determined by the self-administration (representative assembly) of the respective LBG - taking into account the accident risks. The details were regulated by the statutes of the LBG'n at the time. B. a minimum contribution could be set. At the time, there was no nationwide standard of contributions and therefore no nationwide contributions for equally structured farms with comparable accident risks.
In the course of the implementation of the LSV-NOG (see above), this will be adjusted nationwide in the statutes by means of a uniform contribution scale in the years 2014 to 2017.
The central association was financed by the individual sponsors through an allocation, which has ceased to exist since 2013 due to the creation of the uniform federal sponsor with the dissolution of the central association.
Individual evidence
- ↑ a b §2 I 2 of the SVLFG statutes of January 9, 2013 ( Memento of the original of May 30, 2013 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. (PDF; 775 kB)
- ↑ On the emergence of accident insurance in agriculture cf. Collection of sources on the history of German social policy from 1867 to 1914 , Section II: From the Imperial Social Message to the February decrees of Wilhelm II (1881–1890) , Volume 2, Part 2: The expansion legislation and the practice of accident insurance , edited by Wolfgang Ayaß , Darmstadt 2001.
- ↑ a b BMELV press release of April 19, 2012 on LSV NOG
- ^ Homepage of the SVLFG
- ↑ Injuries at work in agriculture are on the decline. (No longer available online.) Formerly in the original ; Retrieved October 21, 2010 . ( Page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Numbers and facts - lsv.de
- ↑ Section 123 (1) of the Social Code VII.
- ↑ § 2 Paragraph 1 No. 5 of the Social Code VII.
- ↑ http://juris.bundessozialgericht.de/cgi-bin/rechtsprechung/document.py?Gericht=bsg&Art=tm&Datum=2011&nr=11856
- ↑ § 5 of the Social Code VII
- ↑ Section 123 (2) of the Social Code VII.
- ↑ Archived copy ( memento of the original from March 29, 2013 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.
- ↑ Archived copy ( Memento of the original dated November 3, 2011 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.
- ↑ http://www.bmas.de/DE/Themen/Soziale-Sicherung/Mektiven/gesetzentwurf-landwirtschaftliche-sozialversicherung.html
- ↑ 893rd meeting of the Federal Council ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice.
- ↑ Archived copy ( Memento of the original from February 18, 2014 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.
