Ask a lawyer on the topic of Social law

Framework period

October 13, 2010 | 35,00 EUR | answered by Dr. Dr. Danjel-Philippe Newerla

Dear Sir or Madam,

Until 08/2006 I worked as a socially insured employee. From 01.09.2006 to 25.10.2006 I was in the orientation phase. From 26.10.2006 to 31.10.2010 I will still be self-employed.
I now have to deregister my business due to declining income.
Now my question regarding the reference period:
Am I still entitled to Unemployment Benefit I?

Thank you in advance for your efforts.

Dr. Dr. Danjel-Philippe Newerla

Dear questioner,

Thank you for your inquiry, which I would like to answer as follows:

The exact requirements for entitlement to ALG I are regulated in the law, specifically in § 118 Abs. 3 SGB III. The following requirements must be met:

a.) Unemployment
b.) Registration as unemployed with the Employment Agency
c.) The qualifying period must be fulfilled

The qualifying period is considered fulfilled if at least 12 months have been worked in an employment subject to insurance within the reference period.

The reference period is regulated in § 124 Abs. 3 SGB III and lasts two years. The period begins on the day before all other requirements for entitlement to ALG I are met.

Unfortunately, you will not be able to meet the two-year reference period requirement, so ALG I is not applicable in your case. However, you are still free to submit an application.

I would like to point out the following:

The legal advice I have provided is based solely on the information you have provided. My response is only an initial legal assessment of the situation and cannot replace a comprehensive examination of the facts. Adding or omitting relevant information can lead to a completely different legal assessment.

I hope my explanations have been helpful to you. Feel free to contact me via my email address or the follow-up option.

I wish you a pleasant Wednesday evening!

Kind regards from the North Sea coast,

Dipl.-Jur. Danjel-Philippe Newerla, Attorney at Law

Stresemannstr. 46
27570 Bremerhaven
kanzlei.newerla@web.de
Fax: 0471/140244