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Work opportunities for asylum seekers; notification

Notification of work opportunities according to § 5 AsylbLG

  • Brief description

    State, municipal or non-profit organizations that wish to provide work opportunities outside of asylum accommodation in accordance with the Asylum Seekers Benefits Act can register these.

  • Description

    Work opportunities in accordance with Section 5 of the Asylum Seekers' Benefits Act (AsylbLG) provide asylum seekers in the ongoing asylum procedure, tolerated persons and foreigners who are obliged to leave the country with enforceable effect with a meaningful and day-structuring activity.

    The work opportunities can be provided by state, municipal or non-profit organizations. You can register places for specific work opportunities with the local provider of benefits under the AsylbLG. You will then be allocated suitable people for the job, provided they are available. In principle, the providers can also suggest specific people who are already known to them.

    There is no entitlement to the allocation of a specific work opportunity for asylum seekers or for those responsible for the measures. The local provider of benefits under the AsylbLG decides who is obliged to take up which work opportunity.

    Legally, the work opportunities are not an employment relationship in the sense of labor law, but a public-law employment relationship of its own kind. It does not entail any entitlements to health, pension or unemployment insurance. However, the participants in the measures are covered by statutory accident insurance as "like employees" in accordance with Section 2 (2) SGB VII.

    There is no specific definition of how many hours the work opportunities should comprise. The working hours are to be determined individually, but should not exceed 20 hours per week. Asylum seekers are not permitted to work full shifts. There is no lower time limit, which means that one-off work can also be carried out.

    Allocation to a work opportunity always takes place for a specific measure within a specific period of time.

  • Prerequisites

    Work opportunities for asylum seekers can be provided by state, municipal or non-profit organizations.

    As a rule, a work opportunity must be non-profit. The activity must exclusively and directly serve the common good and the economic use of the labor must not be the main focus.

    Examples of charitable activities:

    • Landscape maintenance, e.g. weed removal, support with cleaning work such as removing garbage, leaves, etc.
    • Path construction, e.g. maintenance of existing footpaths, cycle paths and hiking trails
    • Environmental and nature conservation, e.g. maintenance of the edges of streams and rivers, preservation of moorland areas
    • Creation and maintenance of bee-friendly flower strips and orchards etc.
    • Simple tasks in the building yard, recycling center, green space maintenance/gardening
    • Environmental maintenance, e.g. support with preparatory work for the beautification of outdoor facilities at schools and daycare centers
    • Social work, e.g. language teaching, simple and supportive activities to help elderly people in need of care structure their day
    • Sports and leisure facilities, e.g. removal of garbage from playgrounds, sports fields and other leisure facilities
    • Work assignments in the event of unforeseen events such as natural disasters or comparable events such as flooding after heavy rain or snow chaos, e.g. clean-up work
    • Snow clearing
    • Workshops, e.g. repair of donated old bicycles, refurbishment of old furniture
    • Furniture transportation

    Economic aspects in connection with work opportunities must not be the main focus under any circumstances.

    Tasks to be fulfilled by the project sponsor:

    • Instructors must be provided on site. The costs for this must be borne by the provider of the measure; financing by the Free State of Bavaria or from funds of the local provider of benefits under the AsylbL is not possible.
    • If necessary, suitable protective clothing must be provided. The necessary certificates (e.g. health certificate) will be provided if required. The costs for this can be covered if necessary and after prior consultation with the local provider of benefits under the AsylbLG.
    • The person responsible for the measure must inform the designated office on a daily basis in the event of sick leave, unexcused absence or refusal to work, as well as in the event of an accident at work.
    • A work record must be kept of the hours worked. This is sent to the local provider of benefits under the AsylbLG on a monthly basis.
    • As this is not a regular employment relationship, there are no costs for health, long-term care and pension insurance. You may have to notify the accident insurance provider.

  • Deadlines

    none

  • Required documents

    The following documents are required:

    • Proof of state or municipal sponsorship
      • for non-profit organizations: notice of exemption from the tax office
      • for church and independent welfare organizations: no exemption certificate from the tax office required
    • Written job description
    • Confirmation that the result of the work to be performed serves the general public

  • Costs

    Asylum seekers receive an expense allowance of €0.80 per hour for the work they do as part of the work opportunities. The allowance does not count as income and is therefore paid in addition to the social benefits in accordance with the Asylum Seekers Benefits Act. Possible additional expenses (e.g. travel costs) can also be financed if appropriate proof is provided.

    The money is paid by the local provider of benefits under the AsylbLG after a signed proof of employment has been submitted by the provider of the measure. No costs are incurred by the provider of the measure.

  • Legal basis

  • Legal remedy

    none

  • Further links

  • Procedure

    1. You can register places for work opportunities with the local provider of benefits under the AsylbLG.
    2. If you already have a specific person in mind for the work opportunity, provide the local institution with the personal details of the person concerned.
    3. Approval of the work opportunity is subject to a case-by-case assessment by the local agency.
    4. As the responsible service provider, the local agency is available to potential providers of work opportunities for all questions relating to work opportunities.

  • Notes

    No employment permit from the foreigners authority is required to take up a work opportunity under the AsylbLG. Work opportunities under the AsylbLG are not subject to any requirements under asylum or immigration law regarding the prohibition or restriction of gainful employment.


Responsible departments