The CDU district administrator announced that asylum seekers in the Saale-Orla district will be obliged to work for an hourly wage of 80 cents. A labor lawyer decides whether such an approach would be permitted.
After some East German districts rushed ahead, a dispute broke out over work obligations for asylum seekers. Federal Labor Minister Hubertus Heil (SPD) believes such a work obligation makes sense in individual cases. Individual cases are not enough for the Union in the Bundestag. Trade unions and Pro Asyl are strictly against such moves.
District council president Reinhard Sager had already called for compulsory work in the autumn. “Anyone who is healthy and not handicapped has to work. There has to be a duty to work,” he told the . He cited charitable work or jobs in the catering industry as examples of use.
80 cents per hour
In the Saale-Orla district in eastern Thuringia, asylum seekers will now be required to work four hours a day and do simple jobs for 80 cents an hour. If they refuse, they risk having their benefits cut. In Saxony-Anhalt, some districts are also considering how compulsory work for refugees could be organized, said Prime Minister Reiner Haseloff (CDU).
Heil pointed out that it is current law that municipalities can require asylum seekers who live in shared accommodation to do community service. “In individual cases it may also make sense to employ people in collective accommodation during the sometimes long waiting period,” said Heil. However, sustainable labor market integration will not be successful.
Activities in the private sector after three months at the earliest
But what exactly applies at the moment and why is there a debate that revolves around regulations that have long been in place? Heil rightly emphasized that employment under the conditions described is already possible. The Asylum Seekers Benefits Act states literally: “Those who are able to work but are not gainfully entitled to benefits and who are no longer of compulsory school age are obliged to take up a job opportunity that is made available to them.” This currently applies to charitable work for residents of collective accommodation – at a wage of 80 cents per hour. Activities in the private sector are only possible after three months at the earliest.
Migration 2023
Most people from these countries apply for asylum in Germany
Marc André Gimmy, labor law attorney, explains this in more detail star: “This employment does not constitute work subject to social insurance contributions. It is therefore inaccurate to speak of a work obligation. Rather, one should speak of integrative employment.”
For the same reason, this measure does not violate the minimum wage laws, because these also refer to jobs subject to social security contributions, which of course cannot and should not exist with an hourly wage of 80 cents.
There is also no duty here in the sense of coercion. Although salaries would be reduced in the event of an unfounded refusal, forced labor in the true sense is already prohibited by the Basic Law. From a legal perspective, there are no objections to an employment obligation.
DGB: Discussion about compulsory work is damaging and divisive
Trade unions and the refugee organization Pro Asyl strictly opposed demands for compulsory work. However, for political, not legal, considerations. They fear that there will be a negative impact on jobs subject to social security contributions and that, in the worst case, asylum seekers will become cheap workers.
“Forcing people seeking protection into the low-wage sector and exposing them to exploitative conditions must under no circumstances become a business model.” Problem cases, for example in parcel services, in seasonal work, in trucks and in construction, are well known. Discussions about work obligations further fueled the charged atmosphere in the country. “This is damaging and divisive,” said Piel.
“The debate suggests that we are dealing with people who are unwilling to work, while they are usually not allowed to work at all,” said Pro Asyl’s refugee policy spokesman, Tareq Alaows, to the dpa. “This is inhumane and racist.” Alaows instead called for the work bans for asylum seekers to be lifted. “Many wait months for a work permit.” In order to integrate people more quickly and better into the job market, their qualifications and certificates should be recognized quickly and language course offerings should be expanded.
Sources: (1), , , with dpa
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
