Legislation Sozialgesetzbuch (SGB). December Jugendarbeitsschutzgesetz. Youth Labour Protection Laws

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1 Basic information of domestic Information for 2012: Number of domestic : (CFSI, 2013) Percentage of women domestic : Percentage of urban domestic : Percentage of migrant domestic : Median/average income of domestic : Legislation Sozialgesetzbuch (SGB). December Jugendarbeitsschutzgesetz. Youth Labour Protection Laws National definition of domestic work German law does not have a specific definition on domestic work. Also, Germany has no specific legislation for domestic (as in Italy or Spain), but the general labour law applies (ILO, 2012). Adopted in April 2003, the Hartz II law seeks to create further employment and to reduce informal work especially in haushaltsnahen Beschäftigungsverhältnissen (domestic services) through lower social contributions and tax deduction or exemption. Those low salary jobs are called Minijobs. Mini-jobs are only considered as such, if the yearly income does not exceed 5400 (thus a monthly average of 450) (section 8, para. 1, Nr 1 Sozialgesetzbuch SGB IV). It is a form of marginal employment that is generally characterized as part-time with a low wage. Other benefits for domestic : Vacations Days off Annual bonus (thirteenth month) Weekly rest Extra hours Notice periods Compensation based on seniority Compensation in case of death of the employee Excluded population according legislation: People who are younger than 15 years. Persons over 15 but fewer than 18 years of age have some restrictions in accordance with Labour Youth Protection Laws. Regime of protection Contingencies covered Coverage through general scheme of social security managed by several social security institutions. Covered Contingencies: - Heath care - Sickness benefit, through social insurance institution (Federal Institution for - unemployment benefit, through social insurance institution (Federal Employment Agency) - Employment injury benefit, through accident insurance institutions. - Maternity benefits, through social insurance institution - Old-age benefits, through social insurance institution (Federal Institution for - Invalidity benefits, through social insurance institution - Survivors' benefits, through social insurance institution (Federal Institution for The German social security system also includes long-term care protection.

2 Are there provisions for maternity protection: pre, during and post natal care, income replacement during maternity leave? Yes. The maternity benefit will be paid six weeks before the delivery and eight weeks afterwards (12 weeks in the case of premature or multiple births). The statutory period of maternity leave is extended to 12 weeks after a multiple or premature birth Prescribed qualification procedure (maternity): The requirements depend on the type of insurance that the female worker has. Administration The statutory pension insurance (Gesetzliche Rentenversicherung) is organised by the Federal Institution for German Pension Insurance (Deutsche Rentenversicherung Bund). Social security coverage The statutory sickness insurance (Gesetzliche Krankenversicherung) is administered by nearly 134 insurance funds, some of which operate regionally and some of which operate at national level. The relevant organisations of the statutory accident insurance (Gesetzliche Unfallversicherung) are the accident insurance institutions for the industrial and agricultural sector and the accident insurance institutions of the public sector. Statutory unemployment insurance (Gesetzliche Arbeitslosenversicherung) is mandatory and is implemented by the Federal Employment Agency (Bundesagentur für Arbeit, BA). The employment model based on "Mini-Jobs" is coordinated by Minijob-Zentrale. Coverage of domestic as a % of employed domestic : Financing issues Is the contribution rate differentiated? No. If the worker earns more than 450 Euros, the scheme of social security contributions is the same as other occupational categories. If the worker earns less than 450 Euros (Mini-Jobs) contribution rates are differentiated and lower. Minijobs are not subject to any other taxes. Reference wage for contribution payments: Gross remuneration. Are there state subsidies for contributions? No. Total contribution rate: From to per cent. Contributions rate for domestic Detail Total Employer Employee Income less than 450 EUR Income above 450 EUR Source: Federal Ministry of Labour and Social Affairs (2014). Are there tax incentives for employers to pay contributions? Yes. Private households (contrary to other Minijobs employers) are entitled to deduct from their income tax 20% of the total costs of their Minijob expenses (salary and contributions to the social and accident insurance) up to an annual limit of Thus a maximum of 510 can be refunded (CFSI, 2013). Registration practices Is the affiliation mandatory? Yes, for all contingencies described above. Registration procedure: The employer registers the employee in sickness insurance fund (Krankenkasse), which will be responsible for informing the

3 competent institutions of long-term care, pension and unemployment insurance. Once registered, the receive social insurance identity card (Sozialversicherungsausweis or SV-Ausweis). Whose is the accountability of registering the worker? The employer. All Minijobs must be declared to the Minijob Zentrale thanks to a simplified procedures and an easy to handle form sheet. Entities involved: The sickness insurance funds. Registration of domestic : is the same to that performed by other employees. Is there a unique system of registration? No. Is there portability in the contributions between the schemes? Yes. Are there complaint mechanisms available (in case of non-compliance with social security legislation)? Yes. Are there inspection mechanisms to enforce the compulsory coverage? Yes. The inspection is conducted by various institutions, including offices of labour protection and industrial inspection services. Are there rules for affiliation and payment of specific contributions to domestic working on a part time and/or multiple employers bases? Yes. Contributory minimum wage: No. What is the process for registering domestic? The registration is under employer responsibility, at the social security offices or online. What are the specific requirements for registering? Fill out an application form, which must be signed by the employer (includes aspects such as hiring date, details of residence, type of employment relationship, other). Identification of the employer. Identification of the worker. Are there any mechanisms in place to facilitate registration for domestic? . Online administration. More information: Collection of contributions Is there a single national system for the collection of contributions? No. The sickness insurance funds administer the collection of the overall social insurance contributions for all branches (Charles and Busse, 2003). Are there measures to facilitate the payment of contributions? Yes. Post office; Through the financial system; Banks transfer; Are there sanction mechanisms for employers? Yes, the legislation includes monetary sanctions.

4 Coverage of women domestic Are there special provisions in the law for women domestic? No. Does the state subsidize contributions of (women) domestic? No. Are there problems of discrimination against women? What are these problems? No documentation / no evidence. Migrant domestic Is there a difference between national and non-national domestic in terms of protection? Yes. Is there a difference between resident and non-resident domestic in terms of protection? Yes. A worker must have a work permit to achieve register within the category of Minijob. Are there special provisions in the law for coverage of migrant domestic? Domestic abroad can contribute voluntarily. Foreign domestic have the same rights as nationals as long as they have work permit. Distinction between de jure coverage and de facto coverage: N.A. Are there any agreements on portability with other countries? Yes, Germany has multilateral and bilateral social security agreements with other countries. In addition to the conventions of the European community, Germany has bilateral agreements with Australia, Bosnia-Herzegovina, Canada and Quebec, Chile, Korea, Croatia, USA, India, Israel, Japan, Macedonia, Montenegro, Morocco, People's Republic of China, Serbia, Tunisia and Turkey; and multilateral agreements with Belgium, France, Luxembourg, Netherlands, Federal Republic of Germany and Switzerland Good practices There are two types of categories for contributions, in order to reduce contributions to low-income. Domestic working on an hourly basis are covered. There simplified procedures for the registration of domestic whose nationality is one of the countries of the European Union. System of multi-employer insurance. Using Service Voucher. Good institutional coordination. Sanction for the employers when they omitted information, when contributions are evaded and in case of late submission of documentation. Barriers The annual salary cap of 5400 (on average 450 per month) creates problems in terms of overtime hours of extended working scope due to a high demand from private households (CFSI, 2013). Salaries above this annual cap are not eligible under the Minijob scheme and that is why users might need to pay extra hours on the undeclared market (CFSI, 2013). The 20% tax deductibility is only available for occupied person (excluding thus poorer and older people) (CFSI, 2013). Challenges Increase the coverage rate of social insurance, including migrant. ILO standards ratification and application Social Security (Minimum Standards) Convention, 1952 (No. 102). In force: 21 Feb Invalidity, Old-Age and Survivors' Benefits Convention, 1967 (No. 128). In force: 15 Jan Medical Care and Sickness Benefits Convention, 1969 (No. 130). In force: 08 Aug Domestic Workers Convention, 2011 (No. 189). In force: 20 Sep 2013.

5 Reference CFSI White book on personal and household services in ten EU Member States. European Federation for Services to Individual. European Commission Your social security rights in Germany. Employment, Social Affairs & Inclusion. Federal Ministy of Labour and Social Affairs Social Security at a Glance. ILO Decent work for domestic. The state of labour rights, social protection and trade union initiatives in Europe. ILO Domestic across the world: Global and regional statistics and the extent of legal protection. International Labour Office. Geneva. ISSA Social Security Country Profiles, Spain. International Social Security Association. ISSA. Jugendarbeitsschutzgesetz. Youth Labor Protection Laws Normand, Charles; Busse, Reinhard Social Health insurance financing. In Elias Mossialos, et. (eds.), Funding Health Care: Options for Europe, WHO. Sozialgesetzbuch (SGB). December 1976.