In a letter dated 25. on august 2021, austrian labor minister martin kocher (oVP) obligated the labor market service (AMS) to withhold unemployment benefits from job seekers for up to six weeks if they do not apply for a reasonable position solely because a vaccination is required there – or refuse an offered position solely for that reason. According to "standard" information, kocher has thus responded to a request from the AMS.
vaccination against covid-19: a prerequisite for a job in many places in austria
In Austria, more and more employers are demanding that new employees be vaccinated against covid-19. To the 1. In September, for example, lower austria introduced a vaccination requirement for new recruits to the entire state service. Vienna and styria require vaccination for new hires in health and social professions.
But according to the "standard," other sectors, such as industrial companies and retailers, now also require vaccination as a condition for hiring new staff. In germany, on the other hand, there is an ongoing debate about a bonus for coronatests in the amount of 100 euros for hartz 4 recipients.
Hartz 4 recipients: will austria set an example for germany in 2021??
In Austria, unemployment benefits can now be suspended for up to six weeks if jobseekers refuse to apply for a job or take up an offered job because they have not been vaccinated. In the AMS it is assumed that for this reason there will be some cases of blocking in austria.
It seems important to mention that the labor market service is not allowed to check the vaccination status of job seekers itself* – a blocking only occurs if employers report back that someone does not accept a job due to the lack of vaccination or if people do not even apply for a job that requires vaccination. People who cannot be vaccinated for medical reasons are naturally exempt from this regulation.
However, an application does not presuppose that the job seeker will actually have to be vaccinated in the end. If the jobseeker applies for a job and the employer does not hire the candidate because he or she has not been vaccinated – or for other reasons – there is no risk of the subsidy being blocked.
unemployment benefit hartz 4 will not be denied in 2021 even to unvaccinated persons for the time being
Is such a regulation also possible in the federal republic of germany?? No, they say for the time being! Because there is no general obligation to test or vaccinate in Germany, vaccination refusers cannot be threatened with Hartz IV sanctions. Even if jobseekers cannot show a negative corona test, proof of vaccination or a convalescent certificate and therefore fall through the employer’s grid, they are still entitled to unemployment benefits I and II, also known colloquially as Hartz 4.
The managing director of an employment agency in the west of germany reports, according to focus, that he is clearly annoyed: "We have no legal recourse against this. The reason is that there is no general obligation to test or vaccinate in germany, on the basis of which it would be possible to sanction those who refuse to vaccinate."
Legal situation for hartz 4 recipients is complicated – certain conditions must be met
The legal situation is complex. Theoretically, recipients of unemployment benefit II must meet certain requirements. You must try to find a job and follow the guidelines of the employment agency along the way. If you violate certain obligations to seriously seek work, you can expect to have your benefits reduced.
However, these requirements do not seem to relate to compulsory vaccination. Because up to now, with a few exceptions in the nursing sector, employers have no right to a corona test or vaccination as a condition of employment. For this reason, unvaccinated people are not officially not hired because of their vaccination refusal, but because of other insufficient qualifications that are put forward.
Another option, of course, is for vaccination opponents to submit such faulty applications that the potential employer decides not to hire them in the first place.
Vaccination against corona may not be a prerequisite for the job search
Companies are therefore not allowed to require vaccination, which is why it would be unlawful to block hartz-4 in the absence of vaccination. nevertheless, it is up to you who you hire and whether only vaccinated, tested or recovered persons are allowed to work in your company.
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experts therefore expect that the number of people in need of hartz 4 benefits will increase in the future – in general, according to scientific analyses, a disproportionately large number of recipients of unemployment benefits avoid a corona vaccination. This could prove to be a real problem in the long run.
compulsory vaccination in germany? For hartz 4 recipients 2021 for the time being no topic
on the one hand the vaccination is a personal decision of each individual, everything else would correspond to a vaccination obligation, but on the other hand high costs result from vaccination refusers. Because the unemployment benefit is an insurance benefit and who thwarts a job, ensures that higher costs fall to the community.
it is a difficult situation, which has already caused a lot of discussion in austria and germany. currently about 3.9 million people in germany receive unemployment benefit II, which is usually 446 euros a month. An unemployed person bragged that he apparently had 200 euros left over.