How long is an unemployed person entitled to unemployment benefits?

Impact of mandatory vaccination on unvaccinated workers

Compulsory vaccination: No unemployment benefit for the unvaccinated? This could happen

As early as March, vaccination will be compulsory for certain occupational groups. Not only is this controversial, but it also brings up some unclear legal issues.

The topic of mandatory vaccination in the fight against coronavirus is the subject of much debate in Germany. From March there is to be a vaccination obligation for certain occupational groups*, like echo24.en* reported, but a general vaccination obligation for all is also up for debate. The discussion focuses not only on the question of whether vaccination is compulsory or not, but also on the consequences of compulsory vaccination for the unvaccinated.

A discussion is currently underway on the subject of entitlement to unemployment benefits for the unvaccinated. Do unvaccinated people, who are no longer allowed to work due to a refusal to vaccinate despite the vaccination obligation, receive unemployment benefits?? In fact, eligibility for unemployment benefits could be eliminated for the unvaccinated under certain conditions.

Compulsory vaccination in Germany: No unemployment benefit for the unvaccinated?

According to the Federal Employment Agency, there are serious differences between a facility-based and general vaccination requirement, as the German Press Agency (dpa) reports. The chairman of the Nuremberg Federal Employment Agency, Detlef Scheele, raised the issue last weekend.

The federal agency must decide – for example with the assignment of unemployment pay – after legal situation. And the Social Security Code III clearly states in paragraph 138 that anyone who wants to receive unemployment benefits must make themselves available to the labor market. This means that an unemployed person must accept a job offered to him, for example, by the employment agency, if he is suitable for it and the work is reasonable under certain aspects – no matter in which industry.

With the institution-referred vaccination obligation this means: Who is quit because of the missing vaccination by its employer or released, can draw as a rule unemployment pay. Prerequisite: He makes himself available to the general labor market and is basically willing to change jobs regardless of the industry. For the practice that might be at least a back door, by which the unvaccinated can slip through. Because in other industries without mandatory vaccination, unvaccinated people are still allowed to work.

Compulsory vaccination: Unvaccinated persons could lose their entitlement to unemployment benefits

But now it gets tricky: If there is a general vaccination obligation, this is no longer so simple. An unvaccinated person would then also no longer be available for jobs in other industries – after all, the vaccination requirement would apply to the practice of all professions. Employers would probably have the right not to consider the unvaccinated in job searches, Scheele believes.

Wolfgang Kubicki, vice chairman of the FDP, is already sharply criticizing the discussion itself: "I find it blatant to come up with such suggestions at this stage," he said, said Kubicki at Image TV. „The danger does not come from the unvaccinated, but from the infected.“ One would therefore have to say: "Anyone who is infected loses their entitlement to unemployment benefits because they can no longer provide their labor. Mr. Scheele will immediately realize that this is complete nonsense.“

Compulsory vaccination in Germany: legal situation not yet clear

A spokesman for the federal agency stressed on Monday (31. January), the legislator is in this point at the train. If the legislation for a general obligation to vaccinate were to create corresponding possibilities, then the Federal Agency would of course also be bound by any new legal situation that might arise. In general, the issue of mandatory vaccination and its consequences is far from being off the table or a done deal.

There is one major problem that could currently be decisive for a general postponement of the enforcement of compulsory vaccination. Because currently it is not clear how long booster vaccinations take effect and how often they have to be boosted. Experts look skeptically at fourth vaccination issue based on booster study from Israel.

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