Hartz IV: German court slaps down harshest sanctions against jobseekers
Germany's top court ruled Tuesday that sanctioning jobseekers deemed uncooperative in the search for work was illegal in some cases, in a blow to the controversial unemployment reforms rammed through by Gerhard Schröder's government in 2005.
Judges at the Federal Constitutional Court in Karlsruhe said that the total cut in benefits should never be allowed to exceed 30 percent, and in cases where lower payments would cause "extraordinary hardship", no penalties should be imposed at all.
The sanctions allowed under Germany's so-called Hartz IV benefits system, which combines social welfare and long-term unemployment payments, have long been controversial with critics saying they violate the right to a dignified existence.
Under the current rules, a jobseeker's monthly dole can be docked if they fail to turn up for a job interview, turn down employment or miss training opportunities.
In extreme cases, recipients can lose up to 60 percent of their benefits -- and repeat offenders can be cut off altogether for three months.
But judges in Karlsruhe found that the 60-percent reduction was "unreasonable given that the burden it entails seriously encroaches upon the minimum standard of living guaranteed by fundamental rights."
Furthermore, judges said that a 30-percent dole cut was "only permissible if the sanction can be waived in cases of extreme hardship" and if its three-month duration can be shortened depending on the jobseeker's cooperation.
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Full ArticleI have mixed feelings on the ruling. Generally, I support sanctions for jobseekers who live on welfare rolls but either refuse to take a work or are unwilling to participate in (useful) training programs. Some politicians, including many SPD members, would like to get rid of all sanctions, which I think would be a hit in the face of those who get up every morning and go to work.
