Law on the protection of the workplace in the case of conscription to the military service (Workplace Protection Act-ArbPlSchG)

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ArbPlSchG

Date of completion: 30.03.1957

Full quote:

" Workplace Protection Act in the version of the Notice of 16 July 2009 (BGBl. I p. 2055), which is provided by Article 3 (1) of the Law of 29 June 2015 (BGBl. I p. 1061).

Status:	New by Bek. v. 16.7.2009 I 2055
	Last amended by Art. 9 sec. 3 G v. 6.3.2015 I 250
Note:	Amendment by Art. 3 (1) G v. 29.6.2015 I 1061 (No 26) in a textual proof, not yet concludedly processed in a documentary form

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 14.4.1980 + + +) 

  

Heading: letter abbreviation inserted. by Article 7 (1) (G) of 20.12.2001 I 4013 mWv 1.1.2002

First section
Basic military service and military exercises

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§ 1 Ruhen of the employment relationship

(1) If a worker is called to the ground service or to a military exercise, the employment relationship shall rest during the military service. (2) A worker in the civil service shall have paid wages to a worker during a military exercise, such as: a holiday holiday. The remuneration does not include special benefits granted with regard to the holiday period. (3) The employee must immediately submit the notice of appeal to his employer. (4) A fixed-term employment relationship shall be provided by: (5) If an employment relationship had ended during the military service for other reasons. (5) If the notice of appeal is to be used as a basic service or a military exercise, the before the service is entered, or the basic service or the If the employer temporarily ends and if the employer has to pay a salary or salary temporarily for two persons at the same job, then the additional expenses incurred without his fault will be reimbursed by the federal government upon request. The application shall be submitted within six months after the additional expenses have been incurred in the case of the body designated by the Federal Ministry of Defence. Unofficial table of contents

§ 2 Protection against dismissal for employees, continued employment after vocational training

(1) The employer must not terminate the employment relationship from the delivery of the notice of appeal until the end of the basic service and during a military exercise. (2) In addition, the employer must not give rise to the employment relationship on the occasion of the of military service. If he/she has to dismiss workers from urgent operational requirements (Section 1 (2) of the Dismissal Protection Act), he must not take into account the military service of a worker in his favour in the selection of the conscripts to be released. If it is disputed whether the employer has terminated the military service on the occasion of the military service or has taken into consideration the military service for the benefit of the employee in the selection of the service to be released, the burden of proof shall be the employer. (3) The right to terminate the service shall be important reason remains unaffected. The worker's convocation to the military service is not an important reason for termination; in the case of the basic service of more than six months, this does not apply to unmarried workers in establishments with, as a rule, five or less Workers exclusively employed in their vocational training, if the employer cannot be allowed to continue the employment of the employee following dismissal from the military service, as a result of the recruitment of a substitute force. For the purpose of determining the number of employed persons employed in the second sentence, parttime workers with a regular weekly working time of not more than 20 hours with 0.5 and not more than 30 hours are to be employed at 0.75. consideration. However, a dismissal permitted by the second sentence of the second sentence may be issued only in compliance with a period of two months for the date of dismissal from the military service. (4) If the employee is to be sent after the date of delivery of the In the event of a notice of revocation or during the military service, the period of the first sentence of § 4 sentence 1 of the law on protection of dismissal begins only two weeks after the end of the military service. (5) The trainee shall be entitled to take over a trainee in a Non-employment relationship indefinitely after completion of the vocational training relationship To reject the military service. The third sentence of paragraph 2 shall apply accordingly. The employer must not refuse to extend a fixed-term employment relationship or to take over the employee into an indefinite employment relationship on the grounds of military service. Unofficial table of contents

§ 3 Housing and non-cash benefits

(1) The rest of the employment relationship (§ 1 para. 1) is without prejudice to an obligation to leave the living space. (2) For the dissolution of a tenancy with regard to the employment relationship with the accommodation of the living room, the The worker and his family are not allowed to take account of the worker's absence caused by the basic military service or by a military exercise. This applies accordingly to all-in-one workers who need the living space during their absence for special reasons. (3) If the residence of the living room is a part of the pay, the employee has to pay for the remittance. to pay compensation to the employer, which corresponds to this part of the remuneration. If no specific amount has been agreed, the employee must pay the appropriate compensation. (4) In case of payment in kind, during the basic service or during a military exercise on request, the employee must continue to pay the compensation. Paragraph 3 shall apply mutatily. (5) Paragraphs 3 and 4 shall not apply if, under this Act, the employer has to continue to pay the remuneration during the service. Unofficial table of contents

§ 4 Recovery holiday

(1) The employer may reduce by one twelfth for each full calendar month that the employee is providing military service, the holiday period which is due to the employee for a holiday year from the employment relationship. The employee must be granted the right of recovery on request prior to the commencement of the military service. (2) If the employee did not receive the vacationing leave before he was convened, or if he did not fully receive the leave, the employer has the right to (3) Ends the employment relationship during the military service or if the employee does not continue the employment relationship following the military service, he/she shall not be required to continue the employment relationship during the military service. (4) If the worker is to be paid, the worker shall have to be paid for the leave not yet granted. In the case of a more vacant holiday than the one referred to in paragraph 1, the employer shall be able to reduce the leave to be paid to the worker after his dismissal from the military service in order to reduce the holidays to be paid too much. (5) For the period of military service the holiday is governed by the holiday rules for soldiers. Unofficial table of contents

§ 5

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§ 6 Continuation of the employment relationship

(1) If the worker resumes work following the basic service or following a conscription exercise in his previous establishment, he may, in his absence, which was caused by the military service, be employed in a professional and a professional manner. (2) The period of the basic service or a military exercise is calculated on the basis of professional and occupational membership; in the case of apprentices and other persons employed in vocational training, the military service period shall be: However, it is only after completion of the training that professional membership is counted. The time of the basic service or a military exercise is considered to be a service and employment time within the meaning of the collective agreements and collective agreements of the public service. (3) The time of the basic military service or a period of training shall be taken at the time of the trial and training period. (4) The period of the basic service is not counted on probation times, which are agreed for the classification into a higher wage or remuneration group. During the period of time for which the classification into a higher wage or remuneration group is delayed, the employee receives from his employer a allowance equal to the difference between his pay and the remuneration of his employer at work. the remuneration which would be paid to him in the course of the classification into the higher wage or remuneration group. Unofficial table of contents

§ 7 Rules for working in home employment

(1) For persons employed in homework who mainly receive their living from home work, § § 1 to 4 as well as § 6 para. 2 apply. (2) Before and after the military service, employees may be employed on the occasion of military service in the case of the German military service. The issue of homework is not penalised in comparison with the other employees of the same contracting authority or the intermediate master; otherwise they are entitled to the remuneration thus lost. The calculation of the lost pay shall be based on the charge which the employee has achieved on average for the last 52 weeks prior to the submission of the notice of appeal by the adjudicating entity or the intermediate master of the remuneration. Unofficial table of contents

Section 8 Rules applicable to commercial agents

(1) The contractual relationship between a commercial agent and an entrepellant shall not be resolved by the convening of the commercial agent for the basic military service or for a military exercise. (2) The commercial agent shall immediately inform the convocation of the appeal. (3) A fixed-term contractual relationship shall not be extended by convocation to the basic military service or to a military exercise; the same shall apply if a contractual relationship from other persons is (4) The businessman may have terminated his or her military service. the contractual relationship shall not be terminated on the occasion of the convocation of the commercial agent to the ground military service or to a military exercise. (5) If the commercial agent is assigned a specific district or a specific customer group, and can be used during the For this reason, the trader may, for that reason, require the commercial agent to replace the necessary expenses for the basic service or during a military exercise. Only the expenses incurred by the trader shall be replaced by the fact that he himself exercises the activity which is the responsibility of the commercial agent, or can be carried out by employees or by other commercial agents; to the extent that the entreprenter himself is responsible for the He or she can only request the replacement of the travel expenses. The expenses are to be replaced only up to the amount of the remuneration of the commercial agent; they can be charged with it. (6) The entrepellant is, even if the commercial agent is appointed sole representative, during the basic service or A military exercise on the part of the commercial agent shall be entitled to seek mediation or the conclusion of transactions, either by itself or by employees or by other commercial agents. Unofficial table of contents

Section 9 Rules applicable to civil servants and judges

(1) If a civil servant is called to the ground military service, he shall be on leave of absence for the duration of the basic service. (2) If an official is called to a military exercise, he shall be on leave for the duration of the military exercise with references. During this time, the Dienstherr has to pay him the covers as on a holiday holiday. The references do not include special benefits granted with regard to the holiday holiday. (3) Paragraph 2 sentence 2 applies to the officials employed by Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG with the The Federal Government has to reimburse the public limited liability companies for the duration of the military exercise. The request shall be submitted within six months of the end of the military service to the body designated by the Federal Ministry of Defence. (4) The official shall submit the notice of appeal without delay to his service officer. (5) Service conditions on time are not extended by convocation to the basic military service or to a military exercise. (6) The official may not be dismissed on the occasion of the convocation to the basic military service or to a military exercise. (7) The official may not be allowed to take part in the military service. the absence that was caused by the military service, no official (8) Preparation service and trial periods are extended by the time of the basic military service. The preparatory service is extended by the time of the military exercises which exceed six weeks in the calendar year. The delays resulting from this for the beginning of the salary earner or, in the case of officials and judges of the federal government, for the beginning of the experience period, are to be compensated. (9) Section 4 (1), (2), (4) and (5) shall apply to civil servants. (10) The appointment as a civil servant shall not be allowed due to the convocation to the basic military service or to a military exercise. shall be delayed. If a soldier is recruit during the military service or a military exercise, paragraphs 1, 2 and 4 to 9 shall apply accordingly. (11) Paragraphs 1, 2 and 4 to 10 shall apply to judges accordingly. Unofficial table of contents

§ 10 Volunteer Wehrexercises

§ § 1 to 4 and 6 to 9 shall apply only if the conscription of the conscripts becomes a military exercise on the basis of a voluntary obligation (§ 4 (3) sentence 1 and 2 of the German Wehrpflichtgesetz), insofar as this exercise alone or together with other volunteers Military exercises in the calendar year do not last longer than six weeks. Unofficial table of contents

§ 11

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§ 11a Preferred recruitment in the civil service

(1) A soldier or a sacked soldier shall, until the end of six months after the end of the basic military service, be appointed to the public service, he shall take precedence over non-legally qualified candidates of the same suitability. The same applies to conscripts who, following the basic military service, have a training which is prescribed for the future occupation in the public sector and which goes beyond the general education without inadmissible exceeding of the If they apply for recruitment within six months of the completion of this training, the requirements for the professional competence for the recruitment in the public service for conscripts in the sense of the law are fulfilled. of the second sentence of paragraph 1 during the period of delay in the military service of their application The degree of their professional competence shall be examined in accordance with the requirements which have existed at a time when they could have applied without the basic service. If the examination leads to the result that a conscription had been hired without this delay, he can be hired before applicants without a basic military service. The number of posts entitled to be reserved for conscripts in an appointment shall be determined by the number of candidates with a delay in military service to those who do not have such a delay; Fractions of places are to be rounded up in favour of the conscripts. Unofficial table of contents

§ 12 Invoice of the military service and the time of a career promotion in the case of the recruitment of abandoned soldiers

(1) If a redundant soldier is hired as a worker following the basic military service or a military exercise, § 6 (2) to (4) shall apply after six months of being part of the holding or administration. The same applies to conscripts who, following the basic military service or a military exercise, have a training which is conducive to the future occupation as an employee and goes beyond the general education without inadmissible excess. the control period and then set up as an employee. In an occupational or occupational pension provision, an invoice in accordance with the first sentence shall be limited to taking into account the periods of infertility according to the occupational pension law. If the soldier has been granted professional retraining or vocational training as a result of a military service damage after dismissal from the Bundeswehr under the Soldatenpensions Act, the time required for this shall also be applied to the professional and professional training. (2) In the light of Section 9 (7) and (11), the laws of remuneration govern the calculation of the military service period to the salary-service age for the dismissed soldier who is responsible for the period of service. Basic military service or suspended after a military exercise as a civil servant or judge . In the case of recruitment as a civil servant or judge of the federal government, sentence 1 shall apply with the proviso that the period of experience shall take place in the place of the salary earner. (3) A soldier or a dismissed soldier shall acquire himself up to the end of six months after the end of his/her term of office. (4) Paragraph 3 shall apply accordingly to a worker whose training is applicable to a worker who has been appointed as an official and is recruited in the preparatory service. (4) a later civil servant's ratio by a fixed perennial activity in the Employment shall be carried out in place of the otherwise prescribed preparation service. Unofficial table of contents

Section 13 Invoice of the military service in the later professional life

(1) The period of the basic service and the military exercises shall be credited to the time of a multi-year activity after the final examination of the apprenticeship, to the extent that a period of one year does not apply to the examinations to be carried out during the admission to further examinations. (2) If a dismissed soldier begins, following the basic military service or a military exercise, a prescribed training for the future occupation as a civil servant or judge over the general education of the school (higher education, universities of applied sciences, vocational training or other vocational training) or becomes This is interrupted by the basic military service or by military exercises, so apply for civil servants § 9 para. 8 sentence 4 and § 12 para. 2, for Judges § 9 para. 11 and § 12 para. 2 accordingly, if he is up to the expiry of six months after completion of the training (3) For a worker whose training for a later civil servant relationship is replaced by a fixed perennial activity in the employment relationship of the otherwise prescribed preparation service, § 9 para. 8 sentence 4 and Section 12 (2) accordingly.

Second section
Notification to the collection authorities and military authorities

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Section 14 Further payment of the pay

(1) If a worker is requested by the collecting authority or a conscription authority to report or present himself in person, in accordance with the provisions of the German Wehrpflichtgesetz (Wehrpflichtgesetz), the employer shall pay the remuneration for the working hours. (2) The employee shall submit the summons without delay to his employer. (3) The provisions of paragraphs 1 and 2 shall apply to the employee who is to be used for services in accordance with the fourth section of the Soldatengesetz (Soldatengesetz) .

Third Section
Retirement and survivors ' pensions

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Section 14a Additional old-age and survivors ' pensions for employees

(1) An existing insurance in the supplementary retirement and survivor's pension for employees in the civil service is not affected by convocation to the basic military service or to a conscription exercise. (2) The employer has during the To continue to pay the contributions (proportion of employers and employees) at the level in which they would have been payable if the employment relationship did not rest on the occasion of the convening of the worker. At the end of the military service, the employer shall report to the Federal Ministry of Defence or to the body designated by him for the refund the contributions to be paid to the period of military service. Sentence 2 does not apply in the case of Section 1 (2). Changes in the amount of contributions that occur after the military service are not taken into account. (3) For employees who belong to a pension fund or as beneficiaries of another institution or In the form of occupational and survivors ' pensions, paragraphs 1 and 2 of the first, second and fourth sentences apply mutagenically. (4) A worker who voluntarily makes contributions to the statutory health and safety net from his/her labour income. Pension insurance or other old-age and survivors ' pensions , they shall be reimbursed at the request for the period of military service in the amount of the amount paid on average for the last twelve months prior to the commencement of the military service, if the insurance cover is based on the expenses incurred by the military service. At the beginning of the military service, there shall be at least twelve months, and the employer shall not be obliged to continue the service in accordance with paragraphs 1 to 3; any income from minor employment within the meaning of Section 8 of the Fourth Book of the Social Code shall remain except. The benefits under this paragraph may be paid if contributions from the Federal Government are paid to the statutory pension insurance for the period of the military service, 40 of the hundred of the maximum contribution, which is for the voluntary insurance in the general Pension insurance may be paid, otherwise the maximum contribution will not exceed. The rates 1 and 2 shall not apply in the case of payment of the remuneration in accordance with § 1 (2), in the case of entitlement to benefits in accordance with § § 13 to 13d of the maintenance insurance act or for parental leave. (5) Applications for reimbursement shall be within one year after the end of the period of payment. of the military service. (6) The Federal Government regulates the refund procedure by means of a regulation of the law as well as the further details concerning the provision of old-age and survivors of the old-age and the survivors of the survivors; in it can be determined which Facilities as operational or in-company age-and A survivor's pension shall be considered in the sense of the law. The Federal Ministry of Defence may, in agreement with the Federal Ministry of Finance, agree with employers on a flat-rate contribution refund and on the payment method. Unofficial table of contents

Section 14b-Old-age and survivors ' care in special cases

(1) A conscription person who, on the day before the commencement of the military service (§ 2 of the Soldatengesetz), is a member of a public insurance policy based on an obligation laid down by law or based on law. The pension fund of his professional group is exempt from the insurance obligation in the statutory pension insurance or was voluntarily insured before the military service in a branch of the statutory pension insurance, the Contributions to this institution shall be reimbursed on request at the level in which they shall be reimbursed in accordance with the Statutes or the conditions of insurance for the period of military service are to be paid. The benefits shall not exceed the amount which the Federal Government would have to pay for the period of military service in the statutory pension insurance scheme if the conscription had not been exempted from the obligation to provide insurance. The rates 1 and 2 shall not apply in the event of payment of the remuneration in accordance with § 1 para. 2, the remuneration in accordance with § 9 para. 2, in the case of entitlement to benefits pursuant to § 13 para. 2 and in accordance with § 13a and 13b of the maintenance insurance act or for parental leave. (2) A Defensive persons who are not entitled under § 14a and who make contributions to the statutory pension insurance or to other old-age and survivors ' pensions, will be reimbursed on request for the time of the military service. Contributions which are paid voluntarily to the statutory pension insurance, insofar as they exceed the federal contributions to the statutory pension insurance for the period of military service, and contributions to a different age-and Survivor's pension, which is paid on a voluntary basis, shall be reimbursed only in the amount of the amount paid on average for the last twelve months prior to the commencement of the military service, if the expenditure on which the expenditure is based is Insurance at the beginning of the military service is at least twelve months. These contributions must be made up of own income from agriculture, forestry, business, self-employed work, non-self-employed work or pay-replacement benefits; income from marginal employment within the meaning of § 8 of the The fourth book of the Social Security Code is not considered. Where grants have been granted in respect of the contribution under Section 32 of the Law on the Pension Fund of the Farmers, the amount of the subsidy paid for the same period shall be offset against the entitlement to the refund. The sentences 1 to 4 shall not apply in the case of payment of the remuneration in accordance with Section 1 (2), the remuneration in accordance with § 9 para. 2, in the case of entitlement to benefits in accordance with § § 13 to 13d of the maintenance insurance act or for parental leave. (3) The benefits referred to in paragraph 2 may, if contributions by the Federal Government are paid to the statutory pension insurance for the period of military service or contributions under paragraph 1 are reimbursed, 40 of the hundred of the maximum contribution, which is for the voluntary insurance in the general Pension insurance can be paid, otherwise the maximum contribution is not exceeded. (4) Applications for A refund shall be made within one year of the termination of the service. (5) § 14a (6) shall apply to the refund procedure in accordance with the provisions of the following.

Fourth Section
Final provisions

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Section 15 Definitions

(1) Workers within the meaning of this Act are workers and employees and those employed for their vocational training. (2) Public service within the meaning of this Act is the activity of the Federal Government, of a country, of a municipality (a ) or other bodies, institutions and foundations governed by public law or associations of such bodies, with the exception of the activities of public-law religious companies or their associations. Unofficial table of contents

Section 16 Other application of the law

(1) This law shall also apply in the case of permanent military service in the case of tension or defence, with the proviso that the provisions relating to military exercises shall be applied. (2) This law shall also apply in the case of the military service to the military service. (3) This Act also applies in the case of the voluntary military service in special cases. Foreign use (§ 6a of the German Wehrpflichtgesetz) with the proviso that the provisions relating to Military exercises should be applied accordingly. § 10 shall not apply. (4) This Act shall also apply to work and service relationships of persons who are used to provide services in accordance with the Fourth Section of the Soldatengesetz (Soldatengesetz), with the proviso that the provisions relating to: Military exercises should be applied accordingly. The second sentence of paragraph 3 applies with the exception of exercises (§ 61 of the Soldatengesetz). (5) This law also applies in the case of assistance in the interior (§ 6c of the German Wehrpflichtgesetz) and the provision of assistance abroad (§ 6d of the German Federal Law on Military Law) with the The requirement to apply the provisions relating to military exercises accordingly. The second sentence of paragraph 3 applies accordingly. (6) § 1 (1), (3) and (4) and § § 2 to 8 of this Act also apply to foreigners employed in Germany if they are required to perform military service in their home state in order to fulfil their compulsory military service there. shall be used. This applies only to foreigners who are nationals of the Contracting Parties to the European Social Charter of 18. October 1961 (BGBl. 1262) are and have their lawful residence in Germany. (7) This law applies also in the case of the voluntary service pursuant to § 58b of the Soldatengesetz (Soldatengesetz), with the proviso that the provisions on the basic military service apply . Unofficial table of contents

§ 16a Military service as a soldier on time

(1) This law shall also apply in the case of military service as a soldier on time

1.

for the period of service initially set for a period of six months,

2.

for the period of service which has been permanently fixed for a total of not more than two years

(2) In the cases referred to in paragraph 1 (1) and (2), the first sentence of § 125 (1) and (2) of the first sentence of paragraph 1 of the first subparagraph shall be applied to the military service. (3) (3) (4) If the service period is set at more than two years, then the following shall be taken into account: Notify the employer immediately by the competent service of the armed forces. The same shall apply if a conscription is appointed to the soldier on a temporary basis during the military service. (5) The provisions of paragraphs 1 to 4 shall apply in the event of an extension of the service period referred to in paragraph 1 for compelling reasons of defence (§ 54 3 of the Soldatengesetz (Soldatengesetz). Unofficial table of contents

§ 17 Transitional provision

(1) The provisions of Section 14a (4), section 14b (1) and (2) as well as § 16a (1) remain applicable to claimant persons who have been recruiting as a soldier before 1 January 1990. (2) (3) Until the date of entry into force of the application of the Staff Regulations, Section 9 (8) sentences 4 to 6, § 12 (3) and § 13 (2) and (3) are to be applied in the version valid until 11 February 2009. Regulations, which take into account the requirement of § 9 (8) sentence 4, in the respective service law are § 9 para. 8 sentence 4 up to 6 and paragraph 11, section 12 (3) and section 13 (2) and (3) in the version valid up to 31 March 2009.