Abhängige Beschäftigung - ein Auslaufmodell?

2020 ◽  
Author(s):  
Rainer Schlegel

The article deals with the legal term of dependent employment, which serves as a starting point for the collection of social security contributions. Its concretisation by the courts moves in a field of tension between the goal of legal certainty and a rapidly changing world of work in which forms of work and traditional demarcation criteria lose their shape. In addition, there is an acceptance problem with regard to social security as a whole if the state grants a comparable social security to persons who haven’t been paying contributions at all. Possible solutions include distance bans for contribution-financed social benefits, as well as the introduction of a social insurance for all gainfully employed persons, including the self-employed. At the same time, however, it is necessary to reorganise the relationship between citizens and the state and to strengthen individual responsibility.

Author(s):  
Dillon Mahoney

This chapter traces the development of Kenya’s tourism and handicraft industries from their roots in 20th century British colonialism to provide some of the broader history of Kenya’s tourism and co-operative development, their emergence in Mombasa, and their relationships with local governments. I draw on archival as well as ethnographic data collected just before the 2002 demolition of Mombasa’s roadside kiosks, which form the starting point for the larger longitudinal study. I focus on the array of experiences of Mombasa’s roadside traders of diverse backgrounds as they struggle with the privatization and segregation of urban residential and commercial space both before and after the demolitions. The economy was radically altered as the roadsides were “cleaned” and a new wave of economic formalization characterized the relationship between small-scale businesspeople and the state. For many entrepreneurs invested in the global crafts trade, this was the final straw that pushed them toward new technologies, jumping scales into global markets, and investing in export and wholesale businesses that were not spatially dependent upon a connection to the city center.


Author(s):  
Jonathan Preminger

Chapter 15 summarizes the chapters which addressed the third sphere, the relationship of labor to the political community. It reiterates that since Israel was established, the labor market’s borders have become ever more porous, while the borders of the national (Jewish) political community have remained firm: the Jewish nationalism which guides government policy is as strong as ever. NGOs, drawing on a discourse of human rights, are able to assist some non-citizens but this discourse also resonates with the idea of individual responsibility: the State is no longer willing to support “non-productive” populations, who are now being shoehorned into a labor market which offers few opportunities for meaningful employment, and is saturated by cheaper labor intentionally imported by the State in response to powerful employer lobbies. These trends suggest a partial reorientation of organized labor’s “battlefront”, from a face-off with capital to an appeal to the public and state.


2015 ◽  
Vol 2 (2) ◽  
pp. 323-338 ◽  
Author(s):  
Keebet VON BENDA-BECKMANN

AbstractThis paper looks at the relationship between personhood and the state by taking a relational perspective both on the concept of personhood and on that of the state, and with a focus on social security. It presents a broad concept of social security. Based on research in the Moluccas of East Indonesia, and among Moluccan migrants in the Netherlands, it is explained how social security shapes personhood in situations in which the state is only a minor contributor, and people depend on mechanisms other than support and care from the state. Finally, it will be explored how long-distance relations of social security are maintained and how the position that respective actors have within these relationships affects notions not only of appropriate care, but also of personhood.


2004 ◽  
Vol 33 (3) ◽  
pp. 347-371 ◽  
Author(s):  
JOHN HILLS

This article discusses the implications of the decline of National Insurance in Britain, witnessed by its declining share of social security spending and steady dilution of the ‘contributory principle’ on which it was originally based. This decline is not accidental: under governments of the Left, arguments for inclusion have predominated, non-contributory benefits expanded and contribution conditions softened; under those of the Right, limited resources have been focused on the poorest through means-testing. From this starting point, the strong arguments in principle for social insurance look much weaker. However, there are also reasons why the system has not been swept away, notably the way in which most of it concerns already accrued state pension rights.The effect of current plans for state pensions is to restore something closer to a flat rate state pension, but with significant complexity. The article suggests a way in which a more transparent system could guarantee a total state pension at a fixed percentage of average earnings. Other National Insurance benefits could either be separated from pensions and absorbed within other working age social security, or the scope of National Insurance could be maintained, but based on a test of participation, not past contributions.


Author(s):  
Daria Popova

AbstractThis chapter discusses the general legal framework regulating Russia’s welfare system and access for national citizens, foreigners residing in the country, and national citizens residing abroad to social benefits in five policy areas: unemployment, health care, family benefits, pensions, and guaranteed minimum resources. Our analysis shows that the eligibility of Russian nationals for social benefits depends either on their employment status and contribution record (for pensions and other social insurance benefits), or their residence status (for social assistance and healthcare). The overall level of social protection of citizens residing in different parts of the country may differ substantially due to the decentralized structure of the social protection system in Russia. The rights of foreign residents to social security benefits are essentially the same as those of the nationals, as long as they are legally employed and make social security contributions. However, there are two major exceptions: pensions and unemployment benefits. Social assistance benefits provided at the regional level are typically available to all legal residents, foreigners included, with few exceptions. When deciding to permanently move abroad, Russian citizens lose their entitlement to claim social benefits from Russia, apart from acquired contributory public pensions.


Author(s):  
Michael Hill ◽  
Alan Walker

This chapter examines the sustained attack on the social benefits, increasing in intensity across the period of Thatcher’s premiership. These undermined social insurance and (in interaction with other policies) contributed to the increase of poverty. They were supported by a sustained cluster of arguments—that poverty is not a problem, that people must do more to help themselves, and that in the long run a successful economy will bring income gains for all—which have created an ideological legacy (sustained by her successors, and not only her Conservative ones), which has muted the role concerns about poverty and inequality play on the political agenda.


2021 ◽  
Author(s):  
Björn Friedrich Christ

The topic is not only current due to several judgments of the Federal Social Court on the social insurance obligation of GmbH managing directors. It also concerns fundamental questions of the relationship between social security law and corporate law, in particular with regard to the interpretation of the concept of employment within the meaning of Section 7 (1) SGB IV. In this context, it is elaborated that, due to the idea of the unity of the legal system, arrangements under corporate law are in principle also recognized as effective under social security law, although the requirement of foreseeability of facts under social security and contribution law constitutes a decisive limit. The content of this requirement is examined.


2020 ◽  
Vol 1 (14) ◽  
pp. 90-102
Author(s):  
Kristīne Rolle ◽  
Agita Lūse

One-person household is the dominant type of household in today’s Latvia. Research on kinship in contemporary Europe suggests that weak kinship ties are characteristic of institutionally strong countries that provide an individual with social security when he or she becomes incapacitated. However, the statistical data on Latvia show that of all household types, one-person households are the most exposed to the risk of poverty, especially those of people over 64 years of age. The article provides an insight into the ways in which the policies implemented by various political regimes in Latvia over the last one hundred years have promoted the formation of an economically independent individual, thus directly and indirectly weakening family and kinship ties. Drawing on our ethnographic data, we explore the situations when the state's welfare system no longer ensures an individual's social security: are family and kinship ties likely to be re-established in such circumstances? The fieldwork findings suggest that those whose next of kin needs additional assistance or care, face a dilemma: either to provide support to the vulnerable relative while compromising their own economic stability, or to delegate their responsibility for the relative to the state. However, our data also show: while the state does not guarantee social security for some vulnerable groups, its social insurance system nevertheless has to a great degree impacted the sense of moral obligation in intergenerational relationships.


Author(s):  
Anna Owczarczyk

The social security system in each country, if it exists, plays a crucial role in supporting citizens and specific expenditures of the public finance system. Its importance in public spending depends on many factors; in particular, on its source and on its form of financing benefits or pensions. The social security system in Poland is composed of a social insurance and welfare system, a health insurance system, unemployment and family benefits, from which are enumerated an old-age pension, invalidity pension, sickness and maternity insurance, insurance against accidents at work and occupational diseases, and health insurance. The Polish social security system often changes due to implementation of improvements or limits on public spending. The most famous reform took place in 1999 and introduced the largest number of changes in the sphere of pension security. Because the scale of public funds that are passed on to the social security system is very large, pension reforms should are crucial for improving the state of public finances. The aim of the paper is to present changes that took place in the Polish pension system between 1999 and 2017 and how those changes influenced the amount of public expenditures. The study reviews the research hypothesis: frequent changes in the pension system have a negative impact on the state of Polish public finance. The study covers the years 1999-2017, as well as the previous four years before the implementation of the pension reform. Basic research materials used to conduct the research analysis were reports on implementation of the state budget, data prepared by the Social Insurance Institution and the Agricultural Social Insurance Fund as well as statistical data obtained from the Central Statistical Office.


Author(s):  
Thi Huong Mai ◽  

Voluntary social insurance is the type of social insurance that an employee voluntarily participates in, it is allowed the employee to choose the payment rate and method of payment in accordance with his/her income, based on the general regulations of the State. Accordingly, this is an additional form of compulsory social insurance in the context of not implementing compulsory social insurance for all employees. This is an opportunity for employees to have an additional means of ensuring their financial condition against risks and incidents in life. However, the actual results indicate that the number of voluntary social insurance participants has increased rapidly but is not commensurate with its potential. This study aims to examine the effects of perceptions of benefits and perceptions of risk on attitudes towards voluntary social insurance based on a survey conducted on 245 workers in the informal sectors in Hanoi. The research results show that, as expected and consistent with previous studies, the attitude towards participating in social insurance is actually influenced by the participants' perception of benefits and risks. Accordingly, it is necessary to focus on increasing these perceptions for employees as the solutions to change attitudes with voluntary social insurance. This will promote the intention and behavior of employees to participate in social insurance in the informal sector, thereby contribute to ensure social security.


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