Private employment agency
The commercial filling of vacancies by private companies is referred to as private employment agency (PAV). The aim is to lead suppliers and buyers to a contract for an employment relationship.
Since 2002, the Federal Employment Agency has been promoting private job placement as a supplement to public-law placement by issuing a placement voucher (VGS) or an activation and placement voucher (AVGS) to the unemployed to help a previously unemployed person receive benefits ( unemployment benefit I or unemployment benefit) II (Hartz IV)) in an employment relationship subject to social insurance.
Mediation monopoly and liberalization
Between 1931 and 1994 the employment offices in Germany had the placement monopoly . The monopoly was relaxed for the first time in 1994 after the European Court of Justice (ECJ) ruled in 1991 that the mediation monopoly violated the provisions of the EEC Treaty , which required freedom of competition. On April 1, 1994, job placement in Germany was also released for private recruiters, but initially still subject to authorization and relatively tightly regulated by law. As early as August 1, 1994, it was further liberalized. Since SGB III came into force on January 1, 1998, private job placement was regulated in Sections 291 ff SGB III.
Since March 28, 2002, the requirement for a permit for private employment agencies in Germany has been lifted and placement vouchers for the unemployed have been introduced (no longer applicable on March 31, 2012 as amended on the basis of the law to improve integration opportunities on the labor market of December 20, 2011 ( Federal Law Gazette I p. 2854 ) with mWv April 1, 2012.). Since April 1, 2012, § 45 SGB III applies to the measures for activation and professional integration. In addition, with the ECJ ruling of January 11, 2007, placement in other European countries within the EU is also possible with the placement voucher. A few important regulations determine in § 292 , §§ 296 to 298 SGB III z. B. the need for a placement contract, the permission to receive a placement fee from the jobseeker if an employment relationship has been established as a result of the placement of the placement agent (the placement agent may not request or receive advances on the remuneration), as well as the prohibition of receipt of remuneration in training placements by those looking for training (trainees). In addition, the collection, processing, use and treatment of applicant data in accordance with data protection regulations are also regulated. Details of the implementation of the placement voucher procedure are regulated in the business instructions for placement vouchers (GA-VGS). The GA-VGS has been updated several times by the Federal Employment Agency since 2002.
A special suitability / evidence from the agent could not be proven before April 1, 2012. At that time, a corresponding business registration had to be submitted at the time of brokerage. Since April 1, 2012, every broker who wants to redeem an AVGS has to be checked and certified by an independent, expert body at regular intervals. If this is available, the private broker can claim remuneration after a brokerage based on the redemption of a brokerage voucher. The payment of the 1st and 2nd installments of the AVGS after a placement requires the fulfillment of conditions. Agencies that were agreed as a private contract and that are not billed via the AVGS are not subject to certification, but are subject to VAT.
The Federal Employment Agency assumes the control function for compliance with the regulations. The BA itself, in cooperation with the BMAS, has stipulated that an application for payment of the 1st installment 6 weeks after the conclusion of the employment contract does not incur any costs for the BA's budget (cost neutrality), as the amount has already been saved by then through the termination of the benefit receipt has been. This also applies to the payment of the 2nd tranche after 6 months.
Agency fee
By March 31, 2012 and further since April 1, 2012, a placement contract according to Section 296 SGB III must be concluded between the job seeker and the private employment agency . It is not enough if you just show an activation and placement voucher (AVGS). The contract is a private law placement contract between the applicant and the private employment agency, with which the applicant undertakes to pay the placement fee if necessary. The applicant can pay the private employment agency by presenting a valid activation and placement voucher. This placement voucher must already be available prior to placement (signing the employment contract, possibly taking up employment), as the regulations and payment conditions described in the placement voucher must be met, otherwise the placement voucher will not be paid out. In particular, the placement contract must indicate the placement fee that the jobseeker should pay to the placement agent if successful. This employee fee is basically based on the amount of the placement voucher (generally € 2,000).
The brokerage contract is a brokerage contract , since remuneration is only due if the brokerage is successful . After successful placement, the recruitment agency can charge the institution that issued the placement voucher 2 installments: 1st installment after 6 weeks in employment / € 1,000 2nd installment after 6 months in employment / 1,000 € to max. 1,500 € (in special cases). These amounts are exempt from sales tax.
Alternatively, a fee calculation for the jobseeker is permitted. A private contract is usually concluded for this. Even with a private contract, the placement fee for the applicant may not exceed a total of € 2,000. The placement fee, which was agreed with a job seeker without AVGS, as a private contract, is subject to sales tax.
Employment agency
The suitability of an employment agency has not yet been regulated by any professional code or statutory provisions. The PAV associations recognize quality standards (which, however, are not enforceable), according to which an employment agency as a trader must have appropriate business premises, as well as appropriate specialist knowledge, e.g. B .:
- Proof of qualification of the mediator (e.g. relevant diploma, professional experience, if necessary placement-specific additional training, knowledge of the methods of profiling, customer-oriented interviewing and clarification of existing placement obstacles)
- Knowledge of the relevant legal regulations
- Knowledge of the regional and supraregional labor market and its actors
- Knowledge of industry and professional profiles
- Knowledge of data protection
- In addition to clear terms and conditions and the existence of a complaint management, the mediator should also be able to work with competent bodies (e.g. debt counseling) and beyond
- Maintain contacts with employers and employees.
education
The training to become a personnel service businessman also prepares you for work as a private employment agency. Therefore, this training can also be located in PAV agencies. Also in a degree in business administration with a focus on human resources, the students are u. a. prepared to work as a private broker. In addition, there is also the possibility of attaining qualification as a placement coach in courses. The associations of private employment agencies also offer certifications.
Individual evidence
- ↑ In the course of the reform of the labor market instruments with the law to improve integration chances on the labor market of December 20, 2011 ( Federal Law Gazette I p. 2854 ), the designation of placement voucher was changed to activation and placement voucher (AVGS) with effect from April 1, 2012
- ↑ § 55 Law on Employment Agencies and Unemployment Insurance of July 16, 1927 (AVAVG), RGBl. I, pages 187, 193; 35 AVAVG 1957 ( Federal Law Gazette I p. 321, 327 ); since 1969 in § 4 of the Employment Promotion Act (AFG) of June 25, 1969 ( Federal Law Gazette I p. 582, 584 )
- ↑ See amendment of Section 23 Employment Promotion Act by Article 1 of the First Act for the Implementation of the Savings, Consolidation and Growth Program of December 23, 1993 ( Federal Law Gazette I, p. 2353 )
- ↑ ECJ of April 23, 1991, C-41/90
- ↑ Sections 23 ff of the Employment Promotion Act in the version of the First Act for the Implementation of the Savings, Consolidation and Growth Program of December 23, 1993 ( Federal Law Gazette I p. 2353 ) and the Employment Placement Ordinance of March 11, 1994 ( Federal Law Gazette I p. 563 )
- ↑ Changes to the AFG by the Employment Promotion Act 1994 of July 26, 1994 ( Federal Law Gazette I p. 1786 ) and Article 3 of the Act to amend the Act to Combat Undeclared Work and to amend other laws of July 26, 1994 ( Federal Law Gazette I p. 1792, 1793 )
- ↑ Article 1 of the Employment Promotion Reform Act of March 24, 1997 ( Federal Law Gazette I p. 594 )
- ↑ Repeal of Section 291 SGB III by Article 3 No. 3 of the Act to Simplify the Election of Employee Representatives to the Supervisory Board of March 23, 2002 ( Federal Law Gazette I p. 1130, 1133 )
- ↑ Introduction of Section 421g SGB III through Article 3 No. 31 of the Act of March 23, 2002 ( Federal Law Gazette I p. 1130, 1137 )
- ↑ ECJ judgment of January 11, 2007 - C-208/05
- ↑ Arbeitsagentur.de: Quality standards for private personnel and job placement ( Memento of the original dated December 3, 2008 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 12kB)
