Ordinance on the voluntary work of the unemployed
| Basic data | |
|---|---|
| Title: | Ordinance on the voluntary work of the unemployed |
| Abbreviation: | EhrBetätV (not official) |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 151 (2) No. 4 SGB III in the version of the G of December 10, 2001 ( Federal Law Gazette I p. 3443 ) |
| Legal matter: | Social law |
| References : | 860-3-21 |
| Issued on: | May 24, 2002 ( BGBl. I p. 1783 ) |
| Entry into force on: | January 1, 2002 |
| Last change by: |
Art. 11 G of March 21, 2013 ( BGBl. I p. 556 ) |
| Effective date of the last change: |
January 1, 2013 (Art. 12 G of March 21, 2013) |
| Please note the note on the applicable legal version. | |
The ordinance on voluntary work by the unemployed is a statutory ordinance of the Federal Ministry for Labor and Social Affairs , which legally defines the concept of voluntary work within the meaning of Section 138 (2) SGB III .
Voluntary work does not exclude unemployment if it does not impair the unemployed person's professional integration (Section 138 (2) SGB III). According to § 1 Para. 1 of the regulation, an activity is voluntary that
- is exercised free of charge,
- serves the common good and
- takes place in an organization that carries out tasks that are in the public interest or promote non-profit, charitable or church purposes without the intention of making a profit.
When examining whether voluntary work serves the common good and takes place in an organization that carries out tasks in the public interest without the intention of making a profit or promotes non-profit, charitable or church purposes, generous standards must be applied. However, the common good cannot be assumed if the job of the unemployed serves individuals. Such an activity would be detrimental to claims and would lead to the elimination of the requirements for receiving unemployment benefit .
Activities as a city council or municipal council affect availability and thus the requirements for unemployment according to However, Section 138 (1) SGB III does not.
Voluntary work of up to 15 hours per week does not affect the unemployed person's availability for the labor market. The employment offices decide on a case-by-case basis whether the job search suffers if the job is more than 15 hours a week.
An expense allowance from voluntary work has not been offset against unemployment benefit since January 1, 2013 according to the Voluntary Strengthening Act up to an amount of EUR 200 per month ( Section 1 (2) sentence 2 of the ordinance). This amount applies according to Section 11b para. 2 SGB II also for recipients of unemployment benefit II .
Web links
Individual evidence
- ↑ Federal Employment Agency : Technical Instructions Unemployment Benefit, Third Book of the Social Code - SGB III, § 138 SGB III Unemployment Status 04/2018, p. 10
- ↑ Federal Employment Agency : Technical Instructions Unemployment Benefit, Third Book of the Social Code - SGB III, § 138 SGB III Unemployment Status 04/2018, p. 11
- ↑ Exercising an honorary position during unemployment Scientific services of the German Bundestag , status of information on social security for volunteers from January 10, 2019, p. 10
- ↑ Unemployment and volunteering - legal issues website of the Bavarian State Network for Citizenship Engagement, accessed on November 9, 2019
