The claims of the competent fund against the employer shall expire if they are not asserted within three years from the due date. However, claims that became due by the end of 2014 shall expire if they are not asserted within four years from the due date. The commencement of the limitation period shall be governed by § 199 of the German Civil Code (BGB). The expiration shall be suspended if the claims are timely brought before a court. The limitation period does not apply to claims arising from tort. Thereafter, a graduated regulation applies. For claims that became due by the end of the calendar year 2014, the old four-year limitation period applies. For claims that became due after 1 January 2015, only a three-year limitation period applies. This is altered by the fact that, pursuant to § 21.1 VTV of 3 May 2013, an initial uniform limitation period of four years applied to all claims. The limitation period has been shortened accordingly to benefit the employers and to the detriment of the fund, e.g., by establishing a three-year limitation period for claims arising after January, 20215. I trust this was helpful. If you have any more questions or if there is anything else you’d like to discuss further, or tasks I can assist with please don’t hesitate to ask. I am here to help.

The exemption under §1(2) Section V II No. 12 of the VTV in favor of businesses that carry out electrical installation operations applies only if: The required prepartaory and folow-up work must be perfomed, if applicable, by businesses in the electrical installation industry. The operations have been monitored and performed by qualified proffessionals in the electrical installation industry (The “intregrated skilled workers” do not qualify as professionals in the electrical installation field, and thsu such evidence is insufficient to meet burden of proof.) A puerly non-construction activity would be assumed if the cables were installed solely in existing counduits that were not previously laid by them, and if the majority of the working time was solely dedicated to this activity.

Don't underestimate SOKA-BAU. Even if you work in a different industry, you can't afford to ignore them or hope the issue will resolve itself. Neglecting your obligations or missing deadlines can have serious consequences. You can represent yourself vis-à-vis Soka Bau or before the labour court in the first instance (§11(1) p. 1, (2) p.1. ArbGG). However, you must comply with the very short objection period of only one week to the dunning order (Section 46a (3) ArbGG in conjunction with Section 692 (1) No. 3 ZPO). In the objection, you must substantially explain, supply the evidence : Evidence that your work primarily involves non-construction activities. Specific non-construction tasks performed by your employees in each calendar year. The proportion of time spent on these activities compared to overall working hours If you're disputing the amount owed, you must submit the evidence supporting your claim for a lower amount. After a correct objection, you can try to settle your matter directly out of court with Soka Bau. If you miss the objection deadline or do not provide sufficient evidence, the dunning procedure automatically turns into court proceedings of the 1st instance. At the request of Soka Bau, the dunning court immediately issues the enforcement order.