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Hello,

I have a tolerance according to Article 60a (Duldung) and I receive unemployment benefits according to AsylbLG Act.

I have received a decision from Sozialreferat, ordering me to work as a cleaner in our camp for 0.80 cents/hour according to AsylbLG § 5, and if I rejected the offer I will receive benefits according to § 1a AylbLG.  

here I would like to add a few notes to my case ;

1 - I have a bachelor's degree (4 years) and a further 40 credit hours after graduation, I have asked Sozialreferat to cover fees for accreditation (to obtain a certificate of equivalency ) so I can find a relevant employment offer, but, Sozialreferat refused to assume any costs for accreditation claiming it's not possible according to AsylbLG.

2-  as a foreigner who is obliged to leave the country, I asked the Sozialreferat to cover fees for passport renewal, also Sozialreferat refused to compensate and I still don't have a valid passport, it should be mentioned here that my passport was confiscated forcibly (i have documents to prove that) and I only received my passport after more than two years (after my passport expired). 

3- The Sozialreferat is already deducting 51 EUR each month as fees for cleaning and hygiene.

4- The compulsory work is with a private contractor, as a private contractor is responsible for house cleaning, a private contractor is aiming for profit, so cheap labor (0.80 cant/hour) is more than welcome to maximize profit.

note here: I Do not have any issues with work (As an idea) as I have been applying for jobs for a long time (I can prove submitting hundreds of jobs applications), my problem is to work as a slave working for a private contractor so they can capitalize more money.

Can somebody advise on the matter? As the issue is time sensitive.

Best Regards...   

          

asked Jul 2, 2023 in Legal advice by Shareef | 321 views

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3 Answers

0 votes
answered Jul 5, 2023 by Shareef
0 votes

Hi @Shareef

I presume the decision to order you to do this work was communicated to you in writing (Zuweisungsbescheid). At the end of this letter, there should be a section about how to appeal the order. You can appeal it if you can show that it is unreasonable to order you to do this work. Here are some examples of reasons:

  • Disability
  • Sickness
  • Work
  • Ausbildung
  • Study

If you cannot provide such grounds and refuse to do the work, then your benefits will be reduced to basic ones.

Regarding the fees deducted for cleaning, I cannot assess whether this is correct. There is a basic minimum you need to live on. Deductions to this would not be permissible. But you have to **** in detail at how your benefits are calculated and the specific regulations on this where you live.

Costs for accreditation are not the responsibility of the Sozialreferat. You have to register with the Agentur für Arbeit. You can then request that they cover these costs.

Regarding the costs for a new passport: it depends exactly which type of benefits you are receiving.

If receiving benefits according to paragraph 3 Asylbewerberleistungsgesetz, the Sozialreferat can cover these costs if they occur due to a person having to fulfil their administrative obligations. Having a passport is such an obligation and so such costs can be covered. The relevant paragraph of the law is paragraph 6, section 1 of the law on asylum seekers’ benefits:

https://***.gesetze-im-internet.de/asylblg/__6.html

If the benefits are according to paragraph 2, then you can be given a loan to pay for a passport. If the costs are extremely high, you can receive some money towards them. With benefits according to paragraph 1a, costs for a passport are not covered.

Best,

Éanna

answered Jul 5, 2023 by mbeon-Éanna
–2 votes
Hello Shareef, if i understand you very well. i will assume you are still living at the initial reception center or the collective shared apartment. That is the only place that paid that type of payment per hour ( 0.80p ).

You are not the first or only person that was asked to do that. count it as a community service.

i am a Master's holder, i did same at the shared apartment that i was posted to with my family. presently things have changed and am doing a good job now. Dont forget that the free money giving to asylum seekers / refugees are some people's hard earned money. just endure it, it's for a while.

Your sozial is not mandated by law to pay for your new passport. He/She may assist but not under compulsion to do it. i have seen where Auslander Behorde give some people money to go and get their passport but not Sozial.

Concerning your certificate recognition, i know that the Agentur fur arbeit in collaboration with caritas should be in the best position to help and not your sozial.

Your Sozial should be your guidian and helper, but once you are having a bitter mind towards him / her, you may not see or enjoy from all available benefits for refugees.

i wish you luck in your future endeavor.
answered Jul 4, 2023 by Sammygab
Hallo sammygab , Firstly, who are you to give to lecture us about work ethics and morals? who asked about your education or experience? who told you that a social worker is a divine mistakeless creature, that cannot be racist? and who said anything about community work? by now we all know that you as a "trophy refugee" worked so hard like no one else, as a result, we salute you and ask for the honor to take a selfie with the "refugee of the year ", also we " common refugees" ask you to mind your own business and leave us "common refugees" to know about our rights, as a " common refugee" my self (who is unworthy of your mightiness) started a post under "Legal Advice ", which means advice from somebody who actually has a legal knowledge about AsylbLG, former constitutional or local court decisions regarding the matter, how to act legally regarding the matter ....etc. as people like (hypocrites) make Germany a harder place for fair integration, other refugees would like to fight for better integration policies and know about their rights. @Meike for the love of god can you remove his answer
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