Ask a lawyer on the topic of Social law

Joint Integration Agreement signed by ARGE

October 24, 2010 | 35,00 EUR | answered by Bernhard Müller

Dear Sir or Madam,

I unfortunately failed to represent the mother of a 21-year-old single mother at a meeting with the job center (ARGE). I was supposed to ensure that the plans regarding the 21-year-old proceeded correctly with the ARGE.

Background:
- 21-year-old with a 3 3/4-year-old daughter in Munich city
- No high school diploma as it was dropped out
- 21-year-old with child lives with her biological parents on rent
- 21-year-old has a 400€ job at a newspaper distributor
- 21-year-old wants to obtain a high school diploma through a full-time school, which is known to the case worker
- Already wasted 1 year (2010) due to lack of information (e.g. instead of kindergarten, a daycare provider could have been an option) and thus missed the last available spots at the school in 2010 (also the same advisor from ARGE).

Meeting on 22.10.2010 at the ARGE (I was present and can testify)

The mum@work project was verbally introduced by the advisor, including:
- Unfortunately, no possibility to receive a copy of the project documentation available to the advisor
- The project lasts no more than 2 days per week
- The project is run by the DAA (German Employees Academy)
- The existing 400€ job will not be given up
- Childcare is provided
- Qualifications will be analyzed and then expanded (e.g. computer or English course)
- The integration agreement will not be counted as a one-time allowance (which should be used for education)
- The school education pursued in self-initiative can be supported by the ARGE afterwards
However, the advisor did not explain the integration agreement in detail, such as how childcare is provided, or the obligation to accept job offers from third parties (which would hinder further education). The advisor said that this point does not apply in the case of the 21-year-old. Also, no preliminary profiling was created.

After a telephone query made by me about 15 minutes later, it was clarified that the obligation to accept job offers in the integration agreement is different from what was discussed in the consultation. The advisor confirmed that the obligation does not apply to the 21-year-old.

Now, the mistake:
The advisor only presented the 4th page (signature page) to the 21-year-old for signature, keeping pages 1 to 3 of the integration agreement for herself and only giving them to the 21-year-old after receiving the signature. When I asked the 21-year-old if she was willing to sign without reading the conditions first, the advisor intervened, stating that it was unnecessary as everything written there had already been discussed. This was not the case. The integration measure aims solely to push the 21-year-old into some apprenticeship or job without considering further planned endeavors that could lead to a better future.

Bernhard Müller

Dear inquirer,

Since you mentioned that the school places for 2010 are already filled, I assume that the 21-year-old will only be able to get a school place to make up for her secondary school leaving certificate in 2011 at the earliest. Therefore, the 21-year-old can definitely accept a job for this year.

Once a confirmation for the school place is received, a decision must be made on whether the employment, which is not even certain to lead to suitable work, can be maintained alongside school or if it must be given up. Integration agreements are usually made for 6 months. Since the duration was worded differently in your case, you should first request the job center to confirm in writing that the obligation to accept work does not apply to the 21-year-old.

If the job center does not comply with this request, the only option left would be to file a declaratory action. This could be submitted by the 21-year-old, possibly represented by a lawyer at the Social Court, with you acting as a witness that this was discussed verbally.

Yours sincerely,

Bernhard Müller, Lawyer