Constitutional controversy halts the imposition of work on the unemployed
The city of Schwerin in the German state of Mecklenburg-Vorpommern has reversed its plan to impose mandatory work on recipients of Bürgergeld assistance, in a decision that surprised many after the trends were leaning towards implementing this policy. The city council had tasked the administration with developing a plan that would require recipients of benefits – including asylum seekers – to perform work in exchange for financial support from the state.
This approach has sparked a wide discussion, especially after the social official in the city of Essen proposed requiring recipients of Bürgergeld to perform three hours of charitable work daily.
However, after a legal study presented by the mayor of Schwerin, Rico Badenschier, it was found that compulsory labor is illegal in Germany. According to the report, German law does not allow individuals to be forced to work in exchange for assistance, making this idea likely unconstitutional. The constitution states that no one may be forced to work, except in certain cases of mandatory service that apply to everyone without discrimination.
Nevertheless, asylum seekers are allowed to perform simple tasks within the accommodation centers, such as helping in kitchens or translating. Despite repeated demands from some politicians to require job centers (Jobcenter) to impose work on recipients of Bürgergeld, legal doubts hinder the implementation of these plans.
In the state of North Rhine-Westphalia, the idea still receives support, as Peter Reinzen, the social officer in the city of Essen, renewed his call for a daily commitment for recipients to work on projects that serve the public good. He emphasized that the new social security system should be a "coalition for work" and called for imposing three hours of daily work on the unemployed and asylum seekers.
The plan was based on what is known as "job opportunities" or "one-euro jobs," which are aimed at long-term unemployed individuals who face difficulties entering the labor market. However, these jobs are intended solely to support integration and are prohibited from being used as a substitute for formal employment.
Studies conducted by the Institute for Employment Research (IAB) have shown that this type of intervention may only be effective for a specific group of recipients, but it is not suitable for everyone and may negatively impact the integration opportunities of other groups. It is also considered costly compared to other training programs such as language and integration courses.
Despite the abandonment of the idea of compulsory work, there is still an existing obligation within the Bürgergeld system known as the "cooperation obligation," meaning that beneficiaries are required to actively contribute to exiting the welfare cycle. Authorities can impose penalties on those who refuse to cooperate. In this context, Torsten Frei, Minister for the Chancellery from the Christian Democratic Party, emphasized that the state cannot allow anyone to live at the expense of others and called for stricter penalties for non-cooperators.