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Life work time accounts are a long-term form of the work time making and in Germany with the law for the sociallegal security of flexible work time regulations ("Flexigesetz") from 6 April 1998 (federal law gazette I 1998, P. 688) were made possible. A goal: over the renouncement of the disbursement of wages (preferred wage types: Overtime, special payments, percentage of profits, to save current payment transformation) fortune which the employee for the financing of an exemption of the work can take up. For exemption any longer usable parts of the saved fortune cannot become "transferred" into company pension scheme, if this were agreed upon during mechanism (pertaining to labour law) of the account.
Not to confound with long-term accounts. These are not insolvency-protected, i.e. in the case of insolvency the official receiver can up-count on the insolvency money.
Purpose of the Besparung of life work time accounts are exemptions of the work. A goal is a of the life work time. During the saving phase no income tax and social insurance contributions are to be exhausted on the savings amount. The employer must supplement the savings amount around the normally due social insurance contributions (mostly pauschaliert with 21% of the savings amount) and note each Kontenbewegung.
During the exemption achievements are inferred from the assets. It the salary is further-paid, likewise the contributions to the social security. The Flexigesetz permits a passage from 70% to 130% of the wages obtained before exemption for exemptions. Since newer one also exemptions can "on credit" are taken up, for example, if an employer wants to send a new coworker only to a far qualifying measure.
Everyone the purpose of the exemption the following event such as death, a separating of the coworker, acquisition and inability to work as well as "transfer posting" of remaining credit balances into company pension scheme is not called "incident". In these cases the saved assets in full height are disbursed, paid duty and contributed to the coworker (social verse.); in case of the employer change and transmission of the assets on the new employer (three-lateral contract) within 12 months after separating social security-legally from the transfer of property NO supply results for taxation and. When disbursements due social insurance contributions are exhausted. Usual computation methods for this are that so-called option model or total fields the model. The latter functions for instance in the way that with each deposit is noted on the life work time account the respective difference of the gross wage to the up-to-date valid contribution assessment limit of each social security section (total field) by the employer. These noted differences are led as "social security air".
For later exemptions retained work wages and their social security portions are to be balanced by the employer than fulfilment arrears (resetting). The treatment and view relating to the balance depend on the balance standard (HGB, IAS/IFRS/US-GAAP). Fundamental here the respective regulations for the balance of pension obligations are to be used, with a substantial exception: it exists a discounting prohibition of material and legal kind with all balance standards, since the supply has to always correspond to the bar value of the supply for resetting to the life work time account (period conformity).
The Flexigesetz permits no liquidity increases by means of life work time accounts, yet the employer can at least with the "participation model" (see below: Insolvency safety device and Besparung) and if it balances Kursverluste within the circulating capital realizes, which diminish its profit. It remains questionable whether he must not let the coworkers participate at tax savings by realized Kursverluste.
For the resetting formed on the passive side of the balance the employer has to develop corresponding active values, in order to the insolvency protection is sufficient to do ("§ 7d - SGB IV). These fortunes are the saving coworker to secure or trust). Here it depends on the kind of the agreement pertaining to labour law between employers and employees: with that so-called "covering model" has to in-be entitled the employer in full height for the security of the fortunes, also with fortune e.g. by Kursverluste. This liability to pay an additional amount and beginning has the employer time near to fulfill and may the case of achievement not wait for. De jure are entitled capital returns with covering models to the employer. It is to be expected however in the next years that the industrial law speaking first employee-friendly judgements will fall.
Pertaining to labour law effectively (consumer protection, clearing-up, transparency for the coworker, participation) if a "participation model" is agreed upon, then is the employee in profits and losses from the investment takes part. This has a enthaftenden aspect for the employer.
The fortunes are developed usually with funds or special products of the life insurance economy, so-called "capitalization products". With fund plant increasingly Life Cycle models are integrated, which plan a age-fair plant and risk strategy (tendentious with progressive age of the coworker into safe plants one geswitcht and shifted). The employer has to book supply from payment liable to social security with a separate savings procedure from its saved social insurance contributions and secure.
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