Third book of the Social Security Code
| Basic data | |
|---|---|
| Title: | Third Book of the Social Code - Employment Promotion - |
| Short title: | Third book of the Social Security Code |
| Abbreviation: | SGB III |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Social law |
| References : | 860-3 |
| Issued on: | March 24, 1997 ( BGBl. I pp. 594, 595 ) |
| Entry into force on: | January 1, 1998 |
| Last change by: |
Art. 309 VO from 19 June 2020 ( Federal Law Gazette I, p. 1328, 1364 ) |
| Effective date of the last change: |
June 27, 2020 (Art. 361 of June 19, 2020) |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Third Book of the Social Code ( SGB III ), together with SGB II, has been regulating German employment promotion law since January 1, 1998 . SGB III is the successor to the Employment Promotion Act (AFG), which expired on December 31, 1997.
SGB III includes benefits and measures to promote employment. It is therefore the basis for the work of the Federal Employment Agency and the employment agencies. The Social Security Code III also contains regulations on unemployment insurance . The benefits are divided into the three major areas: employee benefits, employer benefits and carrier benefits.
With the law to improve integration opportunities on the labor market of December 20, 2011 ( Federal Law Gazette I p. 2854), the labor market policy instruments of the Federal Agency were reorganized and the relevant provisions in SGB III were revised in essential points. SGB III has been restructured. As a result, those paragraphs that had not changed or changed only marginally were renumbered with effect from April 1, 2012.
Principles
Employment promotion is intended to counteract the emergence of unemployment, shorten the duration of unemployment and support the balance of supply and demand on the training and labor market. ( § 1 Abs. 1 SGB III) The local employment agency, which is supposed to guarantee local funding ( § 9 SGB III), is responsible.
The benefits of active employment promotion are listed in the third chapter of SGB III, including unemployment benefits for professional development. Most of these benefits are discretionary benefits ; there is only a legal claim in certain exceptions ( Section 3 SGB III). The employment agency has to select the most suitable service based on the principle of economy and efficiency ( Section 7 SGB III).
Active employment promotion benefits are generally only provided upon application. However, the employment agency can also provide services ex officio, provided the person concerned agrees ( Section 323 SGB III).
Active employment promotion benefits
The active employment promotion benefits listed in the third chapter of SGB III are:
- Career advice , career orientation , labor market advice (Sections 29–34 SGB III)
- Placement of job seekers and training seekers (Sections 35–39 SGB III)
- Funding from the placement budget (Section 44 SGB III)
- Activation and professional integration measures (Section 45 SGB III)
- Trial employment and work aid for disabled people (Section 46 SGB III)
- Vocational orientation measures (Section 48 SGB III)
- Career start-up support (Section 49 SGB III)
- Vocational training measures (Sections 51–55 SGB III)
- Vocational training allowance (Sections 56–72 SGB III)
- Subsidies for vocational training for disabled people (Section 73 SGB III)
- Aid to accompany training (Section 75 SGB III)
- External vocational training (Section 76 SGB III)
- Continuing vocational training (Sections 81–87 SGB III)
- Integration allowance (Sections 88–92 SGB III)
- Gründungszuschuss (§§ 93-94 SGB III)
- Short -time work allowance and seasonal short-time work allowance (Sections 95-109 SGB III)
- Transfer company and transfer short-time work allowance (Sections 110–111 SGB III)
- Benefits for participation in working life (Sections 112–116 SGB III)
- Transitional allowance (Sections 119–121 SGB III)
- Training allowance (§§ 122–126 SGB III)
Unemployment benefit and bankruptcy benefit
The fourth chapter of SGB III regulates the eligibility requirements and the amount of unemployment benefit (§§ 136 to 164) and insolvency benefit (§§ 165 to 172) and the payment of pension contributions while receiving unemployment benefit or insolvency benefit (§§ 173 to 175).
literature
- Klaus Niesel, Jürgen Brand: Social Code Labor Promotion (SGB III). Comment. 5th edition. Verlag CH Beck, Munich 2010, ISBN 3-406-52925-9 .
- Dörte Nielandt: SGB III as a field of conflict between social and competition law. Berliner Wissenschafts-Verlag, 2006, ISBN 3-8305-1153-1 .
Web links
- Current text of SGB III with synopsis of all versions since 2006
