Incredible Light Show Tree

entitles citizens to benefits even with a minor job

The Higher Social Court in Berlin Brandenburg has another decision to the perennial issue "citizens and" Hartz IV "a closer look thrown on the question of when a restricted employee as an" employee "is referred to in Euoparechts and the free movement rules and therefore not" seeking employment " Hartz IV services is excluded.

The applicant is a Polish citizen and incontrovertible capable of working. It has, apart from the income from part-time employment as a cleaner no income or assets.

The Job Centre had rejected the granting of basic security services because applicant is in accordance with § 7 paragraph 1 sentence 2 no 2 in Book II excluded from these services. Your stay right arises solely out of a job. The social court in Berlin has refused to issue a temporary injunction on the grounds that the applicant is unable to work because it was not for the addition of work permits and can not be allowed.
LSG
The Berlin-Brandenburg has removed the negative decision and the Job Center for provisional payment of Hartz IV benefits obligation.

of grounds, it argues that § 7 paragraph 1 sentence 2 exclusive 2 SGB II those foreigners whose stay right arises solely out of a job. This no longer meet the applicant, even if it should be entered to find work because she was due to their employment worker, for there is a right of residence under § 2 para 1, para 2, No. 1 free movement EU.

The employee concept of § 2 para 1, 2, free movement EU under European law was determined as the standard for content, has the Community law to provide reasonable freedom of movement rights corresponding national legislation. Employee as defined in Article 39 of the Treaty establishing the European Community (TEC), the Regulation 1612/68 or Directive 2004/38/EC is a person performing an activity in a wage or employment. The term does not strictly interpreted. The question is only whether a low-paid work here as sufficient.

The 10th Senate then examines the case law on the minimum requirements for work and come to the conclusion that an activity of seven hours per week compared to a probably not uncommon as assessed charge as here in any case sufficient, especially if the employment is applied already for a long period of "stable".

Social Court of Berlin-Brandenburg, 10 Senate Order of 08/06/2009,
Az L 10 AS 617/09 B ER


www.ra-genge.de
www.genge.info