Social clause
A social clause is a clause in a contract or law that aims to ensure social concerns.
Usually a social clause is a hardship provision or a minimum social standard. It takes effect if the actual regulations would represent an unreasonable (social) hardship for certain affected persons.
The term is used in a variety of contexts. Some examples:
Social clause in tenancy law
As a social clause is called the tenancy , the tenant protection provisions of § § 574a to § 574c BGB . Even if the landlord has effectively terminated the tenancy, the tenant can object to the termination if the termination, also taking into account the legitimate interests of the landlord, would mean unreasonable hardship for him or a family member. This regulation does not apply to extraordinary terminations without notice. The objection must be in writing and must be received by the landlord no later than two months before the end of the lease. A later objection is only permitted if the landlord did not refer to the possibility of objection, its form and the deadline in the notice of termination.
Social Clause Regulation
Art. 14 of the Investment and Housing Land Act of April 22, 1993 ( Federal Law Gazette I p. 466 ) empowers the federal states to issue ordinances on a social clause in areas with endangered housing supply (Social Clause Regulation). This determines communities or parts of communities in which the adequate supply of the population with rental apartments under appropriate conditions is particularly endangered. In such areas, in derogation from the provisions of the German Civil Code (BGB), restrictions apply to the landlords' termination rights.
Social clause in health care
Those insured by the statutory health insurance funds with low incomes are to be relieved of personal contributions through social clauses, which they cannot afford.
Until the end of 2003, a social clause was in place that completely exempted low-wage earners and those receiving certain social benefits from additional payments. As part of the 2006 health reform, a new social clause is under discussion, which is intended to protect insured persons with low incomes from excessively high health insurance contributions (1% rule).
Social clause related to tuition fees
In the Land legislation of the countries social clauses are included, which are designed to ensure that even socially disadvantaged students can finance their studies.
In Hessen z. B. the student loans for BAföG recipients interest-free, in NRW students who raise children up to 14 years of age do not have to pay any fees.
Social clauses in international trade contracts
In many countries of the world are labor and social standards ignored or denied, that a minimum level of benefits , the z. B. are everyday life in Germany. These include, for example, minimum wages (although not legally in Germany , but in many, but by no means all areas, only anchored in collective agreements and thus subject to negotiations) , agreements on child labor , working hours , overtime and vacation entitlement .
In the case of countries that have not yet complied with the minimum standards, the trading partners sometimes try to negotiate appropriate social clauses in the production of export goods in those countries . The minimum standards mentioned are agreed in them. If a contractual partner violates the stipulated provisions of the social clauses, he runs the risk of being “punished” with disadvantages in terms of trade policy , such as higher tariffs or import bans . Another variant of social clauses are positive trade sanctions , for example lower tariffs that can be granted if certain social standards are complied with. In return, incentives such as low tariffs or trade support are offered to encourage states to recognize social clauses.
Social clauses are controversial. While some see it as the only chance to build “fair” and “humane” trade relationships, others fear that states demanding social clauses might try to stifle unpleasant competition, e.g. B. can be eliminated by foreclosure of the markets after violations of social clauses.
literature
- Margareta E. Kulessa: Trade policy social standards for the benefit of the 'Third World' ?: On the development policy discussion on social clauses in international trade (PDF; 2.9 MB) . INEF report No. 12, 1995 Duisburg.
