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Regulation on the working time of soldiers

Original Language Title: Verordnung über die Arbeitszeit der Soldatinnen und Soldaten

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Regulation on the working time of soldiers (Soldatenarbeitszeitverordnung-SAZV)

Unofficial table of contents

SAZV

Date of completion: 16.11.2015

Full quote:

" Soldatenarbeitszeitverordnung vom 16. November 2015 (BGBl. I p. 1995) "

§ 17 shall enter into force. Section 24 (2) of this V repeals on 31.12.2020.

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.1.2016 + + +) 
(+ + + Official note from the norm-provider on EC law:
Implementation of the
ERL 88/2003 (CELEX Nr: 32003L0088) § 7 of this V + + +)
(+ + + For application cf. Section 20 (1) + + +)

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Input formula

Pursuant to Section 30c (5) in conjunction with Section 93 (2) (5) of the Soldatengesetz (Soldatengesetz), of which § 30c (5) is replaced by Article 5 (7) and § 93 (2) (5) by Article 5 (18) of the Law of 13 May 2015 (BGBl. 706), the Federal Ministry of Defence is ordering: Unofficial table of contents

Content Summary

Section 1
General provisions
§ 1 Scope
§ 2 Definitions
§ 3 Responsibility
§ 4 Working Time
Section 2
Basic Operation
§ 5 Regular weekly working time
§ 6 Regular daily working hours
§ 7 Rest periods and rest periods
§ 8 Service-free days
§ 9 Shift Service
§ 10 Mobile work
§ 11 Missions
§ 12 Pager
§ 13 Standby duty
§ 14 Night Service
§ 15 Multi-work
§ 16 Working Time
§ 17 Historical account testing
§ 18 Automated time tracking
§ 19 Managers
Section 3
Activities according to § 30c
Paragraph 4 of the Soldatengesetz
§ 20 Non-application of Section 2
Section 21 Arrangement of service
Section 22 Dealing with special time constraints
Section 23 Compensation of loads
Section 4
Final provisions
§ 24 Entry into force, external force

Section 1
General provisions

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§ 1 Scope

This Regulation shall apply to all soldiers who are not subject to special working time provisions. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
"accounting period" means, in the case of a moving working time, the period during which the weekly working week shall be offset by or below the regular weekly working time,
2.
"place of work" means the service or another place where the soldier or soldier is to be provided with the service;
3.
"working time" in the case of seagoing units of the navy during one or more days of sea voyages between the laying down and the placing of the seagoing units in ports and the times for the preparation and follow-up of the sea voyage;
4.
"on-call time" means the time during which the soldier or soldier is obliged to reside in a place outside the home or in the place where he or she has been placed, in order to take up the service, if necessary, if he/she is Times without work performance,
5.
"service at changing times" means a service in which at least four times in the calendar month the difference between the initial hours of two services is at least 7 and not more than 17 hours, and in the case of which at least 5 hours of night service in the calendar month are actually being done; call readiness and on-call duty are not considered to be a service to changing times,
6.
"sliding working time" means a working time model, in which the soldiers can determine the beginning and end of their daily activities within certain limits,
7.
"sliding day" means a full-day period of time equal to the working time, and a day with a working time of less than 2 hours as a sliding day,
8.
"night service" shall be a service to be provided between 20 and 6 o'clock,
9.
"regular weekly working time" means working time, which is to be carried out on average in the calendar week within 12 calendar months,
10.
"Travel time" the time that the soldier or soldier needs for the path between
a)
the home or service and the place of the external business or the external accommodation,
b)
the place of the external service business or the external accommodation and the place of another external business or other external accommodation,
c)
the place of the external service business or of the external accommodation and of the home or office;
11.
"willingness to call" means the time when the soldier or soldier is obliged to stay outside the workplace in order to be able to obtain the service immediately if necessary,
12.
"Ruhepause" means the interruption of the specified daily working time in which the soldier or soldier does not provide a service,
13.
"rest period" means any period outside the specified daily working time,
14.
"shiftwork" means the service according to a shift plan which establishes the regular alternation of the daily working time of the soldier or the soldier in periods of no more than three months,
15.
"waiting time" for duty travel time without service
a)
from the end of the journey to the commencement of the service,
b)
from the end of the service in one day to the beginning of the service activity on another day,
c)
from the end of the service activity to departure.
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§ 3 Jurisdiction

The Federal Ministry of Defence shall be responsible for the measures provided for in this Regulation, unless otherwise specified. The Federal Ministry of Defence may delegate its responsibilities to other departments of its business unit. Unofficial table of contents

§ 4 Working Time

Working time in accordance with § 30c (1) sentence 3 of the Soldatengesetz (Soldatengesetz) is not particularly
1.
participation in voluntary working groups,
2.
Voluntary participation in professional training courses approved in the service interest, to the extent that they exceed the regular daily working hours,
3.
the time beyond regular working hours for the creation of training, the completion of homework and comparable activities,
4.
the amount of time spent by a soldier or a soldier with a degree at a university in excess of the regular working time,
5.
time beyond the regular daily working hours of out-patient medical treatment, hospitalisation in hospitals and comparable medical facilities, including transit times,
6.
additional service ordered as an educational measure by a soldier or a soldier, any service during the execution of judicial deprivation of liberty, disciplinary arrest and curfew,
7.
the time in which soldiers participate in regular daily working hours in the form of a social event, in public relations events, and in social events, it is because participation in public relations events and social events is an official representative of the armed forces; in the case of supervisory and functional staff, the said time shall be applicable in any case as working time,
8.
the amount of time spent by a soldier or soldier abroad in the course of an international exchange of soldiers and soldiers abroad beyond the regular daily working hours,
9.
Voluntary social support for visitors and
10.
Recreational sport, even if it serves the preservation of health and physical performance.

Section 2
Basic Operation

Footnote

(+ + + Section 2 (§ § 5 to 19): For application, see Section 20 (1) + + +) Unofficial table of contents

§ 5 Regular weekly working time

(1) The regular weekly working time can be reduced to 40 hours on request from 41 to 40 hours:
1.
Severely disabled soldiers and severely disabled soldiers, as well as
2.
Soldiers,
a)
who receive child benefit for a child under the age of 12, or
b)
in the household of which a parent, the spouse or the spouse, the life partner or the life partner or a child is living, who is in need of care and who is required to prove it by means of a certificate issued by the care insurance fund or by the Medical service of the health insurance, by means of a corresponding certificate of a private nursing care insurance or by a medical opinion.
The reduction starts with the beginning of the month of the application, provided that the conditions are met. It ends with the end of the month in which the conditions are no longer available. § 116 (1) of the Ninth Book Social Code is applicable. The soldiers are obliged to notify any change without delay and to provide such proof upon request. In the case of part-time employment, the regular weekly working time is reduced according to the extent of the approved part-time work. (2) In the case of full-time employment and in part-time employment with a reduction in working time by less as 10 percent, regular weekly working hours are usually distributed on Monday through Friday. For official reasons, regular weekly working hours can be distributed between Monday and Saturday. (3) Regular weekly working hours are shortened for each statutory public holiday valid for the respective place of employment, as well as for Christmas Eve and New Year's Eve around the hours of work that have been made on these days. To the same extent, the working time for soldiers employed in shift service is shortened. In the case of shortening, it is not taken into account whether and how long the soldier or the soldier would have actually had to serve on these days. (4) The regular weekly working time may exceptionally be shortened, insofar as special (5) The average weekly working time may not exceed 48 hours in a period of 12 months, including the amount of extra work done. . Unofficial table of contents

§ 6 Regular daily working time

(1) The regular day-to-day working time and its beginning and end are to be determined. Regular daily working hours may not exceed 13 hours, including breaks. The second sentence may be dismissed if the reasons for service so require, in particular in the following areas:
1.
general basic training,
2.
Post-post, career and deployment training,
3.
Continuous operational tasks,
4.
Alert, special and regulatory services,
5.
Service in Curative Sanitary Facilities,
6.
one-day sea cruises of marine and marine units;
7.
Implementation of long-haul flights by aircraft crews.
(2) In the case of part-time work, the regular daily working time within the limits referred to in paragraph 1 shall be determined individually. Unofficial table of contents

§ 7 Rest periods and rest periods

(1) At the latest after 6 hours, the work shall be interrupted by a break of at least 30 minutes. After more than 9 hours, the rest period must be at least 45 minutes. Rest breaks can be divided into periods of at least 15 minutes each. (2) Ruhepausen will only be counted on working hours if the conditions of § 17a of the German Gravity Allowance Ordinance are satisfied with the proviso that in the The calendar month shall be at least 35 night hours. In the case of part-time employment, the night service hours required by the first sentence are reduced in proportion to the ratio between the reduced and the regular weekly working hours. (3) A minimum rest period of 11 per 24-hour period continuous hours. In addition, a minimum rest period of 24 consecutive hours is to be granted for each 7-day period. The additional minimum rest period in accordance with the second sentence may exceptionally be postponed within a reference period of 14 days. (4) The provisions of paragraphs 1 and 3 may be dismissed in accordance with the provisions of Section 6 (1), third sentence.
1
Section 7 is intended to implement Directive 2003 /88/EC of the European Parliament and of the Council of 4 November 2003 on certain aspects of the organisation of working time (OJ L 327, 30.12.2003, p. OJ L 299, 18.11.2003, p.
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§ 8 Service-Free Days

Saturday, Christmas Eve and New Year's Eve are in principle service-free. For official reasons, service may be ordered or ordered on these days, on Sundays and on public holidays. Unofficial table of contents

§ 9 Shiftwork

(1) If the hours of service are determined in such a way that the regular daily working time of soldiers is permanently exceeded in the course of regular weekly working hours, the service shall be carried out in shift service. (2) Shift duty is to be dislocated if the exceeding of regular daily working hours can be compensated by duty-free or within the framework of the moving working time. Unofficial table of contents

§ 10 Mobile Work

Soldiers may be allowed to provide the service in a place other than the place of work if there are no official reasons for doing so. Unofficial table of contents

§ 11 Service travel

(1) In the case of business travel, the time required for the execution of business operations outside the service centre is working time. Regular daily working hours are deemed to have been carried out during the whole or several days of business trips. (2) Travel times and waiting times are basically no working hours. However, they are taken into account, in particular, as working time, when they occur within the regular daily working hours. Travel times are also considered as working time, to the extent that:
1.
working time is interrupted within one day by business travel, or
2.
they are produced as self-driving times in the case of the use of a service vehicle.
(3) In the case of part-time employment, the duration of the mission shall be based on the length of the regular day-to-day working time for full-time employment, if this is more favourable to the soldier or the soldier than to the consideration of the individual regular daily working hours. If a part-time work trip falls on a Monday to Friday according to the respective working time model, then another day of service is to be granted. (4) Exceeding of service trips, which are carried out on the regular daily basis. In the case of non-eligible travel times in a total of 15 hours in one calendar month, a quarter of the period exceeding 15 hours shall be compensated for within twelve months of application. In the case of fixed working time, a corresponding service exemption shall be granted. In the case of moving working hours, this time is credited to the flexitime account. The application shall be submitted at the latest by the end of the calendar month following the calendar month in which the non-creditable travel periods have been incurred. Unofficial table of contents

§ 12 Call Preparedness

(1) Times of call readiness are not working time. However, if the soldier or soldier has more than 10 hours of call-up in the calendar month beyond the working time, an eighth of the time exceeding 10 hours shall be equated within twelve months. In the case of fixed working time, a corresponding service exemption shall be granted. In the case of a sliding working time, this time is credited to the sliding time account. (2) If a soldier or a soldier is actually claimed in times of readiness for call, this is to be counted as working time and not as a time of call readiness. The time of the actual use shall be the time of the arrival of the soldier or the soldier at the place of service until the end of the respective order. Unofficial table of contents

Section 13 On-call duty

(1) On-call time is working time. (2) In the case of considerable on-call time at the regular weekly working time, regular daily working hours and regular weekly working hours can be carried out in accordance with the service Needs to be adequately extended. In the case of a regular on-call time without work of at least one third of the regular weekly working time, the regular weekly working time is to be increased to 48 hours. (3) In curative medical facilities The Bundeswehr soldiers who do not agree to an extension of the working time in accordance with § 30c (3) sentence 2 of the Soldatengesetz (Soldatengesetz) must not be able to suffer any disadvantages. The declaration to be in agreement with this extension may be revoked at any time with a period of six months to the date of the withdrawal effect. The soldiers must be informed of the possibility of revocation in writing. (4) Lists of all soldiers are to be held in the services, which have a working time extended in accordance with § 30c (3) sentence 2 of the Soldatengesetz (Soldatengesetz). The reason for on-call time. The lists shall be kept two years after they have been drawn up and shall be made available to the competent authorities at the request of the competent authorities. Upon request, the competent authorities shall be informed of these soldiers. After the expiry of the period referred to in the second sentence, the lists shall be destroyed. Unofficial table of contents

§ 14 Night service

(1) The design of night service must take account of the special strain on the labour force of the soldier or the soldier. The working time in which night service is to be paid may not exceed 8 hours per 24-hour period within 12 months on average. (2) Is the work with special hazards, with a significant physical burden or with significant intellectual tension, may not be more than 8 hours in a 24-hour period during which night service is to be paid. The third sentence of Article 6 (1) shall apply accordingly. Unofficial table of contents

§ 15 Multi-work

(1) In principle, the service must be designed in such a way that the regular weekly working time or the working time defined in part-time work is sufficient for this purpose. (2) For the order, the command or the approval of Multi-work is the responsibility of disciplinary boards and service branch lines. This power can be delegated in the Federal Ministry of Defence, in higher command authorities, in command authorities, in comparable civilian services as well as in Bundeswehr hospitals. (3) A duty exemption in accordance with § 30c (2) sentence 2 The Soldatengesetz (Soldatengesetz) must be carried out as close as possible to the law, but no later than 12 months If, exceptionally, a service exemption is contrary to mandatory service reasons, the additional work may be paid out financially in accordance with the provisions of the law on remuneration. A financial compensation for additional work does not affect the average weekly maximum working time in accordance with § 5 (5). (4) The compensation arranged, paid or approved is in principle in the following: the place of service in which the additional work has arisen. This also applies to foreign use; an extension of the conversion or commercialisation period, based on the compensation of ordered or approved multi-work, is not permitted. (5) In case of severely disabled female soldiers (6) The order, the order, the approval and the compensation of the additional work must be recorded separately. The data collected and stored in this case shall be kept for five more years after the end of the year in which they were created and subsequently deleted. Unofficial table of contents

§ 16 sliding working time

(1) The Federal Ministry of Defence may allow the same working time, insofar as there are no official reasons for this. The presence in the office of service required for the performance of the tasks must be ensured by the superiors and the soldiers. (2) The maximum permissible daily working time, as well as the earliest service start and the latest (3) It is necessary to establish core working hours or working hours. The core working time is the period of time within the regular daily working hours, during which all the soldiers must be present at the service centre. Function time is the time span within the regular daily working time, during which the service operation in the respective organizational unit is ensured by agreement between the superiors and the soldiers. In so far as there are no official reasons for this, it is possible to dispense with the establishment of core working hours and functional times. For parttime workers, the core working time is to be defined individually. Immediate superiorists may authorise the non-compliance with the core working hours in the individual case if important personal reasons so require. (4) In a calendar year, the regular working hours may be up to 40 Hours below. In principle, the regular weekly working hours should be over or undershot within the accounting period. The accounting period shall be the calendar year or any other 12-month period determined by the service management. In the next billing period are transferred:
1.
Time credit up to 40 hours and
2.
Full-height time debt.
In principle, the sliding time account must be compensated for before a transfer. (5) In the case of automated time recording, soldiers can use up to twelve sliding days. If it is beneficial to the service or if it is appropriate according to the service conditions, up to 24 sliding days can be allowed. If a core working time is fixed, half of the sliding days can also be allowed. Sliding days are subject to the agreement of the supervisor. (6) It can be determined that on certain days generally no service is to be provided and the resulting time is to be pre-worked or reworked. (7) The presence in the office is under To automatically record the participation of the soldiers. In individual cases, exceptions can be allowed from automated recording. The data collected shall be kept at least three months after the end of the calendar month in which they have been collected. The Federal Ministry of Defence shall determine whether the data have to be deleted either at the latest six months after the end of the accounting period or at the latest 13 months after the end of the calendar month in which they have been collected. (8) The the direct superiors shall be notified of the time allied to the soldiers, provided that the time balance of more than 20 hours or time debts of more than 10 hours has been obtained. The flexitime alds may be used exclusively for the protection of occupational health and safety regulations, the targeted use of personnel and the management of the compensation. The flexitime alds may not be used for control or evaluation of the performance or behaviour of the soldier or the soldier. (9) Non-compliance with the rules governing the working time may be the direct or the immediate They shall be notified. Unofficial table of contents

§ 17 Erprobung of long-term accounts

(1) The Federal Ministry of Defence may determine the areas of work which may be considered for the testing of long-term accounts. Long-term accounts are personal working time accounts for periods of time credit that can be used for pooled time-of-release periods. Long-term accounts are conducted independently of a registration of the official presence in accordance with § 16, paragraph 7, sentence 1. (2) For soldiers on time and soldiers on time and for professional soldiers who are responsible for the management of a long-term account , the regular weekly working time may be extended on request by up to 3 hours if the extension is appropriate and appropriate for the performance of the duties of the service. The difference between the regular weekly working time and the weekly working time actually paid shall be credited to the long-term account in so far as the actual weekly working time does not cover those referred to in the first sentence of the first subparagraph. longer hours of work. § 5 (5) and 6 (1) shall remain unaffected. Sentence 1 shall not apply to:
1.
Soldiers who can be transferred at any time to the injunction, as well as
2.
Soldiers whose regular weekly working hours have been reduced in accordance with § 5 (1) sentence 1.
(3) The long-term account can also be credited on request:
1.
Claims for exemption for paid, ordered or approved overwork of up to 40 hours per year,
2.
After hours of a relaxing holiday up to the extent provided for in § 7a of the Recreational Vacations Regulation, and
3.
Claims for exemption from the service provided by the Service pursuant to Section 30c (4) of the Soldatengesetz (Soldatengesetz) beyond the minimum health and occupational safety protection.
(4) Time balances may be saved over a period of up to five years and at the latest by 31 December 2020. A maximum of 1 400 hours can be saved in the long-term account. (5) The compensation for the time credit is granted by exemption, with payment of money and property being paid out. The application for exemption may be refused for service reasons. In this case, the soldier or the soldier must be informed of the other period of time in which an exemption is possible in the requested scope. Three years before reaching a special age limit, the exemption is only possible in the form of part-time, whereby part-time in the block model, i.e. the summary of part-time parts on the one hand and the leisure parts, which fill the working day, are part of the working day (6) Soldatinternally and soldiers who have been allowed to lead a long-term account cannot transfer a time credit on the sliding-time account to the next accounting period. (7) More details are provided for Federal Ministry of Defence. Unofficial table of contents

§ 18 Automated time recording

(1) The Federal Ministry of Defence can also provide an automated time recording, regardless of the introduction of a sliding working time for individual departments, military organization areas or its entire business area . The data collected shall be kept at least three months after the end of the calendar month in which they have been collected. The Federal Ministry of Defence shall determine whether the data are to be deleted either at the latest six months after the end of the accounting period or at the latest 13 months after the end of the calendar month in which they have been collected. (2) The or the immediate superiors shall be informed exclusively of the time alds of the soldiers. These may be used exclusively for the protection of occupational health and safety regulations, the targeted use of personnel and the management of the compensation. The time alds may not be used for a control or an assessment of the performance or behaviour of the soldier or the soldier. (3) Violations of working time arrangements may be communicated to the immediate supervisor . Unofficial table of contents

§ 19 Managers

(1) The provisions of this section on regular weekly working hours, daily and weekly rest periods, rest periods, maximum weekly working hours and the duration of night work shall not apply to soldiers from the Grade B 6 upwards, which will be used
1.
on posts in the Federal Ministry of Defense or in a higher command authority, command authority or other service immediately downstream of the Ministry,
2.
as commander, commander, commander, commander, deputy commander, deputy commander, deputy commander, or deputy commander of a military association, or
3.
as head of a department, as deputy head or deputy head of a department, or as head or head of the staff of a service.
(2) The Inspector General and the Inspector General of the Bundeswehr, as well as the inspectors and inspectors of the Military Organizational Divisions, may, for their respective areas of responsibility, separate individual posts from the application of the in (1), if the posts are filled with soldiers from grade B 6 upwards, the provisions of this section shall be excluded. The decision must be justified and informed; it cannot be delegated. (3) The duty of the superiors of the soldiers referred to in paragraph 1 to ensure the safety and health of their subordinates remains unaffected.

Section 3
Activities according to § 30c (4) of the Soldatengesetz

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§ 20 Non-application of Section 2

(1) In the case of activities pursuant to Section 30c (4) of the Soldatengesetz (Soldatengesetz), the provisions of Section 2 shall not apply. (2) Times during which activities shall be carried out in accordance with Section 30c (4) of the Soldatengesetz shall be used in the calculation of the average weekly working time is not taken into account. This also applies to exemption periods resulting from services in accordance with Section 30c (4) of the Soldatengesetz (Soldatengesetz). Unofficial table of contents

Section 21 Order of service

(1) In the case of activities pursuant to Section 30c (4) (1) of the Soldatengesetz (Soldatengesetz), the service is arranged by the Federal Ministry of In all other cases of § 30c (4) of the Soldatengesetz (Soldatengesetz), the service shall be ordered by the inspector or the inspector of the relevant military organization area. The inspectors may transfer the power of order to subordinate bodies within the limits of their power of order. (2) The service shall be carried out in the case of activities pursuant to Section 30c (4) of the Soldatengesetz (Soldatengesetz), including its the arrangement and its compensation. The data collected in this case shall be kept for five years after the end of the year in which the service has been carried out and subsequently deleted. Unofficial table of contents

§ 22 Handling of special time charges

Taking into account the military situation, the superiors should keep the special time constraints of the soldiers as low as possible and, after periods of extreme stress, provide rest periods and rest periods. Unofficial table of contents

Section 23 Compensation of charges

(1) Charges in the case of activities pursuant to § 30c (4) of the Soldatengesetz (Soldatengesetz) shall be compensated. (2) For activities pursuant to Section 30c (4) (1) of the Soldatengesetz (Soldatengesetz), with the exception of the same obligations, that
1.
within a period of one month before the start of the activity, the opportunity to take advantage of at least five consecutive days of service from existing claims on leave, exemption and exemption from service shall be opened ,
2.
during the period of activity, rest periods and rest periods shall be granted in the event of any opportunity to be provided; and
3.
within two months of the end of the activity, the opportunity to take advantage of at least 14 consecutive days of service arising from existing claims on leave, exemption and exemption from service.
(3) For activities in accordance with Section 30c (4) (2) to (5) of the Soldatengesetz (Soldatengesetz) as well as with the same obligations under Section 30c (4) (1) of the Soldatengesetz (Soldatengesetz))
1.
during the period of activity, rest periods and rest periods shall be granted in the event of any opportunity to be provided,
2.
the right to be exempted from the service, namely,
a)
provided that more than 12 hours of up to 16 hours of continuous service are provided, a claim to exemption from the service of half a day and,
b)
provided that more than 16 hours of service are provided for up to 24 hours of service, a claim to exemption from the service of a whole day and
3.
at the end of the activity, at least one non-service day is to be granted on holiday, exemption and exemption from the service at least on a duty-free period, and a further period of time compensation shall be granted in the Dependence on the individual burden decided.

Section 4
Final provisions

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Section 24 Entry into force, external force

(1) This Regulation shall enter into force on 1 January 2016. (2) § 17 shall not enter into force on 31 December 2020.