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Confusion Over Job Retention Law: No Testing Authority and Legal Implications

More than just a little confusing: According to the law, end consumers or customers should prove the obligation to maintain their jobs in accordance with the StromPBG and the EWPBG on July 31, 2023. According to the law, proof must be provided to the testing authority.

The catch: There was no testing authority on July 31, 2023. This first had to be awarded and lent and did not start working until September 2023. In July 2023, the law could not be complied with at all. The ministry did provide an email address for pwc. But it goes without saying that an email address is not an “auditing authority”.

The ministry also seems to have realized this. Because it published a “no-complaint period” until September 30th as an FAQ. A kind of extension of the deadline was intended.

However, it’s not that simple. The ministry is not entitled to simply change the content of a law. Even announcing that it will not be carried out within a certain period of time is difficult. In addition, if a law specifies a very specific point in time for an obligation, which then expires due to official failure, it is at least courageous to assume that the obligation would then – wording or not – simply take effect at the next possible point in time.

The situation is therefore confusing, and all of this because the legislature apparently gave no thought to the fact that it would not be able to find an authority that could be given the role of audit authority in a timely manner. Against this background, it is legally obvious to assume that there was no deadline for providing evidence, especially since compliance with the job retention obligation will be checked as part of the final billing anyway. However, the testing authority sees it differently: Anyone who emails evidence too late actually receives an email saying that more than 2 million aids are at risk, but you could submit an application for reinstatement (Miriam Vollmer).

2024-01-04 23:29:45
#Proof #energetic

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