Definition and legal classification of personal efforts
In a legal context, personal efforts refer to individual efforts and activities undertaken by a party itself to achieve or avert a specific legally relevant outcome. The term appears particularly in various areas of civil law, social law, and public law, where the requirement or reasonableness of one’s own efforts is relevant as a prerequisite or influencing factor for legal consequences, claims, or obligations to perform.
The requirements and scope of personal efforts vary according to the area of application and are often clarified by statutory regulations, ordinances, or case law. In particular, the principle of personal efforts serves to prevent the abusive use of state or contractual benefits and to express the principle of subsidiarity in social law and tort law.
Personal efforts in social law
Importance in connection with benefit entitlements
In social law, personal efforts are an essential prerequisite for accessing certain benefits. In particular, for subsistence benefits under Book II of the Social Code (SGB II, “Bürgergeld”, formerly basic security for jobseekers) and in connection with Unemployment Benefit I (SGB III), the principle applies that the eligible person is primarily required to make their own efforts to overcome the need for assistance and to achieve integration into work.
Specification of personal efforts
The specification of personal efforts often occurs through:
- Requirement to submit a minimum number of job applications per month
- Providing evidence of efforts (e.g. application letters, rejections)
- Participation in measures for vocational integration
The law regularly requires the claimant to take their own steps and document them. Failure to meet this obligation can lead to a reduction or complete loss of benefits (sanctions pursuant to § 31 SGB II).
Reasonableness and discretionary power
The reasonableness of personal efforts must always be assessed taking into account the individual’s personal circumstances as well as the regional labor market. Special circumstances, such as health limitations or family responsibilities, are considered. The authorities have a certain discretionary power when assessing reasonable personal efforts; however, this is subject to judicial review.
Personal efforts in civil law
Duty to mitigate damages and personal initiative
In civil law, personal efforts are particularly relevant within the scope of the duty to mitigate damages (§ 254 BGB). According to this principle, the injured party is required to keep the damage incurred as low as possible. If the injured party fails to take reasonable personal efforts, this can lead to a reduction or complete exclusion of a claim for compensation.
Typical areas of application
- Tenancy law: Obligation of the tenant to contribute to mitigating damages in the event of defects in the apartment (e.g. use of alternative rooms, informing the landlord)
- Law on contracts for work and services: Cooperation by the client to prevent damage to the work
- Insurance law: Obligation of the policyholder to prevent and mitigate damages in the event of a claim
Legal consequences of omitted personal efforts
Violation of the duty to mitigate damages can result in the liability of the injuring party or insurer being partially waived. In tort law, this is referred to as contributory negligence by the claimant.
Personal efforts in maintenance law
In maintenance law, personal efforts are noted in two respects:
- Duty to earn: Both those entitled to and those obliged to pay maintenance are required to make reasonable efforts towards self-help or earning income.
- Obligation to provide evidence: The person concerned must provide proof of substantial personal efforts to find work in order to claim maintenance or prevent a reduction.
If sufficient personal efforts are lacking, this can result in the assumption of imputed income when calculating maintenance.
Personal efforts in public law and administrative procedures
The principle of personal efforts is also encountered in public law. It manifests itself in obligations to exhaust one’s own resources before state benefits can be claimed. Examples include funding procedures or equalization of burdens, where it must be proven that no other reasonable opportunities to achieve the goal existed.
Legal obligation to provide evidence and documentation requirements
Burden of proof and duties to cooperate
As a rule, personal efforts must be substantiated and proven in concrete terms. The responsibility to present and prove lies with the party relying on such efforts or their reasonableness. In social law, this is implemented in particular by the obligation to present application documents or other evidence.
Legal consequences of missing evidence
Failure to provide evidence of required personal efforts can result in disadvantages in enforcing claims. In the area of benefit applications, the benefit can be denied or reduced. In tort law as well, a claim can be reduced or excluded to the extent that damages were not mitigated.
Limits and scope of personal efforts
The scope and intensity of required personal efforts always depends on the circumstances of the individual case. Decisive factors are:
- The subjective ability of the obligated person
- Reasonableness in the light of age, health, and other personal circumstances of life
- Objective market and working conditions
Individual decisions by social courts, civil courts, and administrative courts specify the requirements and are significant for interpretation.
Summary
The concept of personal efforts is a central reference point for rights, obligations, and the assessment of claims in various areas of law. Whether in social law, civil law, maintenance law, or administrative procedures—personal initiative of the affected person is always a key criterion. The requirements for personal efforts depend on the individual case and are subject to strict obligations to provide evidence and documentation. If these efforts are lacking, benefit reductions, exclusions of claims, or legal disadvantages often result.
The significance of personal efforts lies in promoting reasonable self-help, strengthening personal responsibility, and structuring public and private benefits in a subsidiary manner.
Frequently asked questions
When are personal efforts considered sufficient within the meaning of § 138 SGB III?
According to § 138 of the Third Book of the Social Code (SGB III), personal efforts are considered sufficient if the unemployed person undertakes concrete, goal-oriented activities to a reasonable extent that are objectively suitable for finding new employment. This particularly includes independent research for job vacancies, writing and sending applications, attending job interviews, and participating in measures to improve placement prospects (e.g. training, qualifications). The quality and quantity of personal efforts are assessed individually, considering personal circumstances, qualifications, and the labor market situation. The Employment Agency may also specifically define the scope and type of efforts in the “integration agreement” or an administrative act, which must then be followed. Inadequate, demonstrably non-serious, or merely formal efforts cannot be considered sufficient.
How must personal efforts be documented and proven in a legally secure manner?
The obligation to provide evidence of personal efforts essentially lies with the unemployed person. All undertaken activities relating to reasonable job searching and application activities must be documented in a legally secure manner. This should include application documents (e.g. cover letter, CV, possibly confirmation of dispatch or feedback from companies), evidence of job interviews, agency contacts, as well as certificates of participation in qualification measures or job fairs. Proof is usually provided using a form supplied by the Jobcenter or Employment Agency; however, personal, clearly structured lists (job application lists with date, contact person, type of application, result) can also be used. The documents should be submitted promptly and completely in order to meet all requirements relating to the duty to cooperate and, if necessary, the burden of proof.
What sanctions are threatened if personal efforts are not proven?
If the obligation to provide evidence of personal efforts is not met, fulfilled late, or inadequately, legal consequences in the form of sanctions pursuant to § 31a SGB II or § 159 SGB III threaten. When receiving Unemployment Benefit I, this can result in a period of suspension, causing the entitlement to unemployment benefits to be suspended or reduced. For Unemployment Benefit II (Hartz IV/Bürgergeld), a breach of obligation may lead to a reduction in the standard rate by a certain percentage or—if breaches are repeated—by up to 30 percent. Repeated or serious breaches of obligation can also result in more extensive reductions in benefits, even up to the complete loss of certain benefit entitlements. Before any sanction, a hearing must be conducted to give those affected the opportunity to comment.
Can personal efforts be replaced by general activities (e.g. mass applications)?
In a legal context, the assessment of personal efforts is based on individual purpose and seriousness. General activities such as indiscriminate mass applications with no realistic chance of employment or merely symbolic applications (e.g., for obviously unsuitable positions or anonymous addresses) are not considered adequate. Every personal effort must be specifically aimed at reintegration into the labor market and must not be purely formal. The Employment Agency reviews the relevance and actual plausibility of the efforts in each case. For example, if a person applies for a position for which he or she is clearly not qualified, this action may be deemed inadequate.
How many personal efforts must be undertaken at a minimum per month?
The law does not stipulate a rigid, generally applicable minimum number of personal efforts per month. In practice, the amount results from the integration agreement or a relevant administrative act, which may demand a specific minimum number (e.g. three to five per month). If no such provision has been made, the requirement is based on the individual case and general reasonableness, taking into account the respective circumstances of life and the labor market situation. If there are no specific requirements, efforts are expected to be commensurate with one’s own opportunities and prospects, i.e., to be carried out regularly, demonstrably, and to show genuine intent to seek work.
Can personal efforts also include measures such as internships, further training, or voluntary work?
Legally, personal efforts do not only include classic application activities, but also measures and initiatives that promote employability may be covered. This includes, for example, internships, vocational training or further education, qualification courses, and attending job fairs, provided these actually improve integration prospects. Voluntary activities can also be considered if they are directly related to later employment or clearly offer an integration perspective. Recognition is always determined by the Jobcenter or the Employment Agency, exercising proper discretion. The main criterion is always the aim of the measure concerning placement prospects.
To what extent must personal efforts be made despite limited health or care obligations?
The reasonableness of personal efforts must be assessed individually under § 10 SGB II and § 140 SGB III and is based, among other things, on health capacity, care or caregiving obligations, or other personal limitations. In the case of medically certified health impairments or compelling care duties (e.g., for single parents or caregiving relatives), the extent of required personal efforts is accordingly reduced or, in exceptional cases, may be waived entirely. (Medical) documentation of existing limitations must be submitted to the benefit provider and forms the basis for reasonable adjustment of the required efforts. The authority decides on possible reductions or exemptions on a case-by-case basis, guided by legal requirements and their interpretation by the social courts.
