Bringing the Jobless into Work?: Experiences with Activation by W. Eichhorst, O. Kaufmann, R. Konle-Seidl (auth.), Dr.

By W. Eichhorst, O. Kaufmann, R. Konle-Seidl (auth.), Dr. Werner Eichhorst, Dr. Otto Kaufmann, Regina Konle-Seidl (eds.)

Over the decade, many industrialized international locations shifted from passive unemployment and welfare gain regimes and standard lively exertions industry and social rules to activation suggestions by way of making profit receipt conditional upon accepting activity bargains or participation in energetic hard work marketplace schemes. yet nations fluctuate with reference to the layout of activation tools and their implementation, the definition of goal teams and the consequences of activation within the nationwide exertions marketplace environment. This quantity presents an updated assessment of activation ideas in unemployment profit platforms and social information in chosen ecu nations and the USA. a selected concentration lies at the improvement of activation schemes, governance and implementation in addition to at the results of activation by way of hard work marketplace and social integration. the amount is the 1st to deal with those concerns either from a socio-economic and a felony perspective.

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This contributes to higher figures of open (registered) unemployment while in other countries a narrow definition of capability of working means fewer people registered as unemployed but assigned to passive schemes such as disability benefits (Konle-Seidl and Lang 2006). The “capability of working” (Erwerbsfähigkeit) features prominently as the overall concept of this approach. The individual working ability is evaluated purely from a medical standpoint. e. usually the local employment office. Certain sub-groups of persons “capable of working” are exempted from the availability criterion under the unemployment insurance regime (UB I), and the conditional job search requirement under basic income support (UB II).

To date, the Federal Constitutional Court as the highest court in constitutional matters has delivered no decision on the interpretation of the Basic Law in this question. Yet a number of its decisions seem to imply that the right to human dignity in conjunction with the social state principle establishes a positive duty of the state to secure minimum conditions for a life worthy of human beings, thus correlating with a negative duty to prevent state intervention in the subsistence minimum. Originally, this duty took the form of police measures on behalf of indigent persons, notably to avoid any breach of the peace (Zacher 2004).

The agreement therefore cannot be used to sanction unemployed persons. As a consequence, integration agreements are scarcely applied within the legal ambit of SGB III. The agreement’s mere restriction to the acquisition of more comprehensive information for the unilateral decision on active employment promotion measures fails to do adequate justice to the potential inherent in agreed strategies. In contrast to integration agreements for UB II claimants, the merits of negotiated strategies under the insurance scheme mainly lie in the psychological sphere.

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