Reporting obligation (labor and social law)
The obligation to notify according to Section 309 of Book III of the Social Code describes the obligation of recipients of unemployment benefits in the Federal Republic of Germany to appear personally at the employment agency or the medical officer when requested to do so. According to Section 38 of the Third Book of the Social Code, the obligation to register also applies to jobseekers and, according to Section 59 of the Second Book of the Social Code, to recipients of unemployment benefit II .
In principle, the reporting obligation, which is analogous to the accessibility order and, like this, based on the order of the administrative board of the (then) Federal Employment Agency of 23 October 1997, also applies only to unemployed benefit recipients. B. self-employed and salaried benefit recipients who receive ALG II only as a supplement to their wages or maintenance payments, without being unemployed, are not subject to it, as this group of people according to § 53a SGB II i. V. m. § 16 SGB III is generally not to be classified as unemployed. However, according to Section 60 of Book I of the Social Code, working groups of recipients are also subject to the obligation to provide complete written information about their income and financial situation at all times.
The reasons according to which the employment agency can oblige the beneficiary to appear in person as part of the reporting obligation are finally regulated in paragraph 2. There are:
- Career counseling
- Placement in training or work
- Preparation of active job promotion services
- Preparation of decisions in the performance procedure
- Examination of the existence of the prerequisites for entitlement to benefits
The beneficiary does not have to appear at the exact time specified; it is sufficient if he appears at the employment agency on the same day and the purpose of the report is fulfilled. ( Section 309 (3) SGB III) Complete silence at the reporting date is a violation of the reporting obligation and is legally regarded as a no-show.
The travel costs resulting from the fulfillment of the obligation to register can be reimbursed to the beneficiary upon request. ( Section 309, Paragraph 4, SGB III) In the legal system of SGB III there is usually a minimum limit of 6 euros, in the legal system of SGB II, however, even the smallest amounts must be reimbursed.
If a beneficiary moves and the responsibility changes as a result, he must immediately report to the employment agency responsible. ( Section 310 SGB III)
A violation of the obligation to register leads to a blocking period of one week when receiving unemployment benefits . ( Section 159 SGB III) In the case of recipients of unemployment benefit II, a violation of the reporting requirement leads to a sanction of 10 percent of the standard requirement. ( § 32 SGB II).