Law amending the law on military service leave and whether the leave for UN service, etc., as well as various other laws
(Leave of absence by the armed forces ' deployment of personnel abroad, etc.)
WE, MARGRETHE the SECOND, by the grace of God Queen of Denmark, do indeed:
The Danish Parliament has adopted and we know Our consent confirmed the following law:
The law on military service leave and whether the leave for UN service, etc., see. lovbekendtgørelse nr. 982 of 20. November 2001, shall be amended as follows: 1. title of the Act is replaced by the following:
» Law on conscription leave and on leave by the armed forces ' deployment of workers abroad ' 2. section 1 is replaced by the following: ' article 1. The law includes the following groups: 1) conscripts men and women employed on similar terms, as a conscript has received notification of the time of the request, see. However, paragraph 2.
2) employees in uninterrupted continuation of conscript service account contract for reaction force training, see. However, paragraph 3.
3) employees who draw a contract with the military to make himself available for the purpose of removal abroad, see. However, paragraphs 2 and 4.
4) employees who draw a contract with the Defense about broadcast abroad, see. However, paragraphs 2 and 5.
(2). It is a condition to be covered by paragraph 1, nr. 1, 3 and 4, to the employee by the call or contract may be concluded for at least 9 months would have been employed without interruption in the same establishment, an average of more than 8 hours a week. If an employment relationship follows in the immediate extension of learning, pupil-or praktiktid, included this in the 9 months.
(3). It is a condition to be covered by paragraph 1, nr. 2 that the employee shall inform the employer about the reaction force training contract within 14 days after contract conclusion.
(4). It is a condition to be covered by paragraph 1, nr. 3, the employer shall notify the employee that the on-call contract within 14 days after contract conclusion.
(5). It is a condition to be covered by paragraph 1, nr. 4 that the employee shall inform the employer about the contract within 14 days after contract signing. '
3. In article 2, paragraph 1, section 7 and section 9 shall be replaced by ' conscript earner ' to: ' military service man or woman employed on conscript similar conditions '.
4. In section 4, paragraph 1, the words ' The employee ' to ' The conscripts conscripts man or woman employed on conscript similar conditions '.
5. paragraph 5 is replaced by the following: ' 5. A military service man or woman employed on conscript similar terms that take advantage of its right to absence under section 2 shall, within 14 days after the receipt of the notification by the expected return time, inform the employer about when he or she intends to resume work after completing his military service.
(2). The employee shall, within 14 days after receipt of a notice of the change in the expected return time notify the employer thereof.
(3). The employer shall inform the employee not in accordance with paragraphs 1 and 2, shall be deemed to be terminated from employment of the employee side to the time when the repatriation takes place, regardless of the length of the notice, which shall apply from the employee side of the employment relationship. '
6. Article 6, paragraph 1, is replaced by the following:
» A military service man or woman employed on similar terms, which, after the conscript is discarded or otherwise returned ahead of schedule, no later than 14 days after the repatriation, inform the employer thereof. The employer determines when the work must be resumed. '
7. In paragraph 8, the words ' conscripts ' to: ' conscript men or women employed on conscript similar conditions '.
8. Article 11 shall be replaced by the following: ' article 11. For employees who are covered by this law, the provisions of article 6, paragraphs 1 and 3, of the law on the legal relations between employers and officials shall not apply. '
9. Chapter 3 shall be replaced by the following: ' Chapter 3 employees who have a contract with the Defense section 11 a. Employees covered by section 1 (1) (8). 3, shall, within 14 days after you have received notification that they are convened pursuant to the contract, notify the employer thereof. If the request is done with less than 4 weeks notice, the employer shall be informed without delay.
(2). The employee shall give no notification pursuant to paragraph 1, the employer can raise the employment relationship from the day of notice.
section 11 (b). the provisions of sections 2, 3 and 5 to 11 shall apply mutatis mutandis to employees covered by article 1, paragraph 1, no. 2-4. '
In Act No. 910 of 8. December 1993 amending the law on the armed forces ' personnel, law on the home guard, law on the State support of education and the law on military service leave. (Dispatch of personnel to UN service, etc., including leave for workers and trainees, etc.) is amended as follows: 1. section 5 is repealed.
The law on the armed forces ' personnel, see. lovbekendtgørelse nr. 667 of 20. June 2006, is amended as follows: 1. Pursuant to section 13 (a) shall be inserted: ' section 13 (b) for the training and education that is established by or pursuant to law within the Ministry of education and the Ministry of science, technology and Development areas, have learners who concludes contract with the military to make himself available for the purpose of removal abroad, or who concludes a contract with the Defense about broadcast abroad the right to leave in connection with the request after contract. Similarly for internship training, see. However, paragraph 5.
(2). Is the total absence in connection with the request after contract under 1 month of a year's curriculum, the students claim exemption from any mødepligts provisions. Is the absence of longer duration, have the students requirements on leave from training or teaching. Are the trainees admitted to a degree or a teaching that has not yet started, rather than leave the educational institution can give a guarantee for inclusion at a later date.
(3). At the end of the leave period, the trainees have the right to return to the training or education, if it is still offered by the educational institution. The educational institution determines how to the training the trainees must begin again.
(4). Where the broadcast is estimated to be more than 3 months, can the learners instead of leave the choice to opt out of the training or teaching. The applicants in this case have the right to get a refund of the portion of any tuition fees or other kinds of fees, etc., as the learners did not receive training, tuition, food, lodging or other services for, and in excess of 1000 kr. In order to have a claim to the repayment to the learners have enlightened the educational institution of this right of withdrawal in connection with the application for admission.
(5). For students in vocational training or agricultural programmes with an educational agreement applies the rules laid down in the law on military service leave and on leave by the military's expulsion of workers for overseas use. Paragraph 4 shall, however, apply mutatis mutandis with regard to the right to reimbursement.
(6). The Defense Minister can, after negotiation with the concerned Ministers decide to leave the scheme should also apply other publicly recognized education. '
section 4 of the law shall enter into force on the 1. March 2010.
section 5 of the Act does not apply to the Faroe Islands and Greenland.
Given at Christiansborg Palace, the 16. December 2009 Under Our Royal hand and Seal MARGRETHE r./Inger Støjberg