Law On The Protection Of The Workplace To Call-Up For Military Service

Original Language Title: Gesetz über den Schutz des Arbeitsplatzes bei Einberufung zum Wehrdienst

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

Non-official table of contents

ArbPlSchG

Date of completion: 30.03.1957

Full quote:

" Employment Protection Act in the version of the Notice of 16. July 2009 (BGBl. 2055), as defined in Article 3 (1) of the Law of 29. June 2015 (BGBl. I p. 1061) "

:Recaught by Bek. v. 16.7.2009 I 2055
Last modified by Art. 9 paragraph 3 G v. 6.3.2015 I 250
Note:Amendment by Art. 3 para. 1 G v. 29.6.2015 I 1061 (No 26) can be found in a textual, documentary yet non-exhaustive way

See Notes
for details on the standstill.

Footnote

(+ + + Text verification from: 14.4.1980 + + +)

Heading: letter abbreviation by Art. 7 No. 1 G v. 20.12.2001 I 4013 mWv 1.1.2002

First Section
Grundwehrdienst und Wehrübungen

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§ 1 Ruhen of the employment relationship

(1) If a worker is called to the ground military service or to a military exercise, the employment relationship rests during the military service.(2) A worker in the civil service has to pay the employer during a military exercise, as in the case of a recreational holiday. Remuneration does not include special benefits, which are granted with regard to the holiday holiday.(3) The employee shall submit the notice of appeal without delay to his employer.(4) A fixed-term employment relationship shall not be extended by convocation to the basic military service or to a military exercise; the same shall apply if, for other reasons, an employment relationship would have ended during the military service.(5) If the notice of appeal for the basic military service or a military exercise is cancelled before entry into service, or the basic military service or the military exercise is terminated prematurely and the employer has to temporarily work for two persons at the same workplace If a wage or salary is paid, the federal government will refund the additional expenses incurred in this way without the fault of the Federal Government. 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. Non-official table of contents

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

(1) From the delivery of the The employer shall not terminate the employment relationship until the end of the basic military service and during a military exercise.(2) In addition, the employer must not terminate the employment relationship on the occasion of the 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 there is a dispute as to 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 meet the employer.(3) The right to dismissal for important reasons shall remain 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. shall be considered. 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 dismissed after the delivery of the appeal or during the military service, the period of § 4 sentence 1 of the termination protection act shall begin only two weeks after the end of the military service.(5) The trainee may not refuse to take over a trainee in an employment relationship indefinitely after the end of the vocational training relationship on the grounds of 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 in an indefinite employment relationship on the grounds of military service. Non-official table of contents

§ 3 Housing and benefits in kind

(1) The rest of the employment relationship (§ 1 para. 1) leaves an obligation to leave is unaffected by housing.(2) In order to resolve a tenancy over housing, which is left to the employment relationship to accommodate the worker and his family, the absence from the service or the military exercise shall be subject to the absence of a of the worker shall not be taken into account at his disadvantage. This applies accordingly to single workers who need the living space during their absence for special reasons.(3) If the transfer of the living room forms part of the remuneration, the employee must pay compensation for the repayment to the employer, which corresponds to this part of the remuneration. If no specific amount has been agreed, the employee shall pay appropriate compensation.(4) In-kind references shall be granted on request during the basic service or during a military exercise on request. Paragraph 3 shall apply mutatily.(5) Paragraphs 3 and 4 shall not apply if the employer is to continue to pay the remuneration during the military service in accordance with this Act. Non-official table of contents

§ 4 Recreation Holidays

(1) The employer can leave the vacation holiday, which is the employee for a holiday year from the The employment relationship shall be reduced by one twelfth for each full calendar month that the employee is providing military service. The worker must be granted a rejuvenation leave on request prior to the commencement of the military service.(2) If the employee does not receive the leave which is due to him before his convocation or not, the employer shall grant the remaining leave after the military service in the current or next holiday year.(3) If the employment relationship ends during the military service or if the employee does not continue the employment relationship following the military service, the employer shall have to pay the leave which has not yet been granted.(4) If the worker has received more leave than he was in the first subparagraph before being convened, the employer may reduce the leave to be paid to the worker after his dismissal from the military service in order to reduce the holidays which have been granted too much.(5) For the period of military service, the holiday is governed by the holiday rules for soldiers. unofficial table of contents

§ 5

(omitted) unofficial Table of contents

§ 6 Continuation of the employment relationship

(1) If the employee remembers the work following the basic military service or following a military exercise in his previous holding, he shall be entitled to Absence, which was caused by military service, does not result in a disadvantage in professional and operational terms.(2) The period of the basic service or a military exercise is calculated on the basis of professional and occupational affiliation; however, in the case of apprentices and other persons employed in vocational training, the period of military service shall not be limited to professional service. Completion of the training. The time of the basic service or a military exercise is considered to be a service and employment time within the meaning of the tariff agreements and collective agreements of the public service.(3) The time of the basic military service or a military exercise shall not be counted on trial and training times.(4) The period of the basic military service shall not be counted on probation periods 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. Non-official table of contents

§ 7 Rules applicable to homework employees

(1) For homework employees who are mainly living in the home country from homework, § § 1 to 4 as well as § 6 para. 2 apply mutadenly.(2) Before and after the military service, employees on the occasion of compulsory military service may not be disadvantaged in the issue of homework in comparison with the other employees of the same contracting authority or the intermediate master in the home employment , otherwise they shall be entitled to the payment thereby 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. Non-official table of contents

§ 8 Rules for commercial agents

(1) The contractual relationship between a commercial agent and an entrepre shall not be solved by the convening of the commercial agent for the basic military service or for a military exercise.(2) The commercial agent shall immediately submit the notice of appeal to the entrepreneurs with whom he is in a contractual relationship.(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 would have ended for other reasons during the military service.(4) The Contractor shall not terminate the contractual relationship on the occasion of the convening of the commercial agent for the basic military service or for a military exercise.(5) If the commercial agent is assigned a specific district or customer group and if during the basic service or during a military exercise he cannot fulfil his contractual obligations to the necessary extent, the entrepre , for this reason, require the replacement of the necessary expenses by the commercial agent. 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 can only ask for the replacement of the travel expenses. The expenses shall be reimbursedonly up to the amount of the remuneration of the commercial agent; they may be charged with it.(6) The trader shall be entitled, even if the commercial agent is the sole representative, during the basic service or a military exercise of the commercial agent, itself or by employees or by other commercial agents, to the To make an effort or to conclude transactions. Non-official table of contents

§ 9 Rules applicable to civil servants and judges

(1) If a civil servant is convened, he shall be responsible for the duration of the service. Basic military service without references on leave.(2) If a civil servant is convened for 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 grants, which are granted with regard to the holiday holiday.(3) The second sentence of paragraph 2 shall apply to the officials employed by Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG, with the proviso that the Federal Government shall reimburse the public limited liability companies for the duration of the military exercise. . The application 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 relations on time are not extended by convening to the ground military service or to a military exercise.(6) The official shall not be dismissed on the occasion of the convocation to the ground military service or to a military exercise.(7) The official shall not be subject to any service disadvantages from the absence which was caused by the military service.(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. It is also appropriate to compensate for the resulting professional delays.(9) § 4 (1), (2), (4) and (5) shall apply to officials.(10) The appointment as a civil servant must not be delayed because of the convocation to the basic military service or to a military exercise. 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

If the conscription is required to perform a military exercise on a voluntary basis (§ 4 para. 3 § § 1 to 4 and 6 to 9 apply only to the extent that this military exercise alone or together with other voluntary military exercises in the calendar year does not last longer than six weeks. unofficial table of contents

§ 11

(omitted) unofficial Table of contents

§ 11a Preferred recruitment in the public service

(1) A soldier or a redundant soldier shall be appointed to the public service until the end of six months after the end of the basic military service, it shall take precedence over non-legally non-qualified candidates of equal 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 service and beyond the general education, without inadmissible exceeding of the If you apply for recruitment within six months of the completion of this training, you will have to go through a regular period of time.(2) If the requirements relating to the professional competence for recruitment to the public service for conscripts within the meaning of the second sentence of paragraph 1 have increased during the period of the military service-related delay of their application for recruitment, the degree of their professional competence 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 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 a fraction of the number of persons who are not in the service of the conscripts For the benefit of the conscripts, the authorities must be open. Non-official table of contents

§ 12 Invoice of military service and the time of professional promotion in the case of dismissed soldiers.

(1) If a soldier has been removed from the service or has been employed as a worker, § 6 (2) to (4) shall apply after six months of being a member of the establishment or administration. The same applies to conscripts who, following the basic military service or a military exercise, do not have to be subject to a training which is conducive to the future occupation as an employee and beyond the general education of the school without any 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 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 staff. service or as service and employment time.(2) In the light of Section 9 (7) and (11), the laws of remuneration govern the settlement of the military service period to the salary-service age for exited soldiers who, according to the basic military service or after a military exercise as a civil servant or judge set. 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 be replaced by the post of the salary service.(3) A soldier or a sacked soldier shall be appointed as an official until the end of six months after the end of the basic military service or a military exercise, and he shall be recruited in the preparatory service, paragraph 2 and section 9 (8) shall apply. Sentence 4 accordingly.(4) Paragraph 3 shall apply accordingly to a worker whose training for a subsequent civil service is carried out by a fixed perennial activity in the employment relationship in place of the preparatory service which is otherwise prescribed. Non-official table of contents

§ 13 Invoice of military service in the later professional life

(1) The period of the basic service and the military exercises shall be The period of a multi-year activity after the final examination for the rest of the period, which is to be considered in the course of admission to further examinations in the profession, shall be counted as far as a period of one year is not undershot.(2) If a dismissed soldier begins, following the basic military service or a military exercise, a compulsory education for the future occupation as an official or judge of the general education (university, university of applied sciences, § 9 (8) sentence 4 and § 12 (2), for Judges § 9 (11) and (2) (2) shall apply mutah. if he or she is not responsible for the protection of the professional or other vocational training or if he is interrupted by the basic military service or by the military exercises. at the end of six months after completion of the training to be appointed as a civil servant or judge, and due to this application, the application will be discontinued.(3) For a worker whose training for a later civil service is carried out by a fixed perennial activity in the employment relationship in place of the otherwise prescribed preparation service, § 9 para. 8 sentence 4 and § apply. 12 para. 2 accordingly.

Second section
Reporting by the collection authorities and military replacement authorities

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§ 14 repayment of the work fee

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

Third Section
Age-and Survivor's Care

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§ 14a Additional age and survivors ' care for employees

(1) An existing insurance in the supplementary retirement and survivor's pension for employees in the public service shall not be affected by convocation to the basic military service or to a military exercise.(2) The employer shall continue to pay contributions (employer and employee share) during the military service, at the level in which they would have been payable, if the employment relationship is due to the convening of the worker would not rest. 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 reimbursement the contributions to be paid to the period of military service. Sentence 2 shall not apply in the case of Section 1 (2). Changes in the level of contributions that occur after the military service remain unaccounted for.(3) In the case of employees who are members of a pension fund or who are eligible to benefit from another institution or form of occupational or general old-age and survivors ' pensions, the first and second sentences of paragraphs 1 and 2 shall apply. and 4 sensual.(4) A worker who voluntarily makes contributions to the statutory pension insurance or to other old-age and survivors ' pensions from his/her income shall, on application for the period of the military service, be paid in the amount of the Amount paid on average for the last 12 months prior to the commencement of the military service, if the basic insurance cover is at least twelve months at the beginning of the military service and if the insurance cover is not Employers under paragraphs 1 to 3 are not obliged to continue their work; income from minor employment within the meaning of § 8 of the Fourth Book of the Social Code shall be disregarded. 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 section 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 submitted within one year of the termination of the service.(6) The Federal Government regulates the refund procedure by means of a legal decree as well as the further details of the occupational or inoperative old-age and survivors ' supply; in it, it can be determined which institutions are to be used as operational or in-company old-age and survivors ' pensions in accordance with 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. Non-official table of contents

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

(1) A conscription person who was born on the day before the start of the Military service (§ 2 of the Soldatengesetz) on the basis of an obligation laid down by law or based on law is a member of a public-law insurance or supply facility of his professional group and of the Insurance obligation in the statutory pension insurance is exempt or prior to the military service in a branch of the statutory pension insurance was voluntarily insured, the contributions to this facility on request at the level shall be refunded in accordance with the statutes or the conditions of insurance for the period of military service. 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 case 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 according to § 13 para. 2 and in accordance with § 13a and 13b of the maintenance assurance act or for parental leave.(2) A conscription who is not entitled under § 14a and who makes contributions to the statutory pension insurance or to other old-age and survivors ' pensions shall receive the contributions at the request for the period of the military service refunded. 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 grants paid for the same period shall be offset against the entitlement to the refund. The rates 1 to 4 do not apply in the case 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 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 Federation to the statutory pension insurance for the period of military service are paid or contributions under paragraph 1, be reimbursed, 40 of the hundred of the maximum contribution to be paid to the voluntary service. Insurance in general pension insurance can be paid, otherwise the maximum contribution does not exceed.(4) Applications for reimbursement shall be submitted within one year of the termination of the military service.(5) § 14a (6) applies to the refund procedure.

Fourth Section
Final Provisions

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§ 15 Definitions

(1) Workers within the meaning of this Act are workers and employees as well as those employed for their vocational training.(2) Public service within the meaning of this Act is the service of the Federal Government, a country, a municipality (a community association) or other bodies, institutions and foundations of public law or of associations of such bodies; except in the case of public-law religious companies or their associations. Unofficial table of contents

§ 16 Other Validity of the Law

(1) This Act also applies in the case of the permanent military service in the voltage or Defence case, subject to the requirement to apply the rules on military exercises.(2) This law shall also apply in the case of the voluntary additional military service (§ 6b of the German Wehrpflichtgesetz), which follows the basic military service, with the proviso that the provisions on the basic military service are to be applied.(3) This law shall also apply in the case of voluntary military service in special foreign use (§ 6a of the German Wehrpflichtgesetz), with the proviso that the provisions relating to military exercises shall be applied accordingly. § 10 shall not apply.(4) This Act shall also apply to the work and service relationships of persons who are used for services in accordance with the Fourth Section of the Soldatengesetz (Soldatengesetz), with the proviso that the provisions relating to military exercises shall be applied accordingly. are to be applied. The second sentence of paragraph 3 shall apply, with the exception of exercises (§ 61 of the Soldatengesetz).(5) This Act also applies in the case of the provision of assistance in the interior (§ 6c of the German Wehrpflichtgesetz) and the provision of assistance abroad (Section 6d of the German Wehrpflichtgesetz), with the proviso that the provisions relating to military exercises are to be applied accordingly. The second sentence of paragraph 3 shall apply accordingly.(6) § 1 (1), (3) and (4) and § § 2 to 8 of this Act also apply to foreigners employed in Germany, if they are used in their home state to fulfil their compulsory military service there. This applies only to foreigners who are nationals of the Contracting Parties to the European Social Charter of 18. October 1961 (BGBl. 1262), and who have their legal residence in Germany.(7) This law shall also apply in the case of the voluntary service pursuant to Section 58b of the Soldatengesetz (Soldatengesetz), with the proviso that the provisions on the basic military service are to be applied. Non-official table of contents

§ 16a Military service as a soldier on time

(1) This law is also applicable in the case of military service as a soldier on time
1.
for the service period set to six months,
2.
for the total service period not more than two years fixed
with the proviso that the rules applicable to the basic military service of the conscription , with the exception of § 9 (8) sentence 3, § 14a and § 14b.(2) In the cases referred to in paragraph 1 (1) and (2), § 125 (1) sentence 1 of the Civil Service Law Framework Act or § 31 (1) sentence 1 (2) of the Federal Civil Service Act and § 22 (2) sentence 1 of the Staff Status Act are not applicable.(3) (omitted) (4) If the service period is set for a total of more than two years, the employer shall be notified immediately by the competent service of the armed forces. The same is true if a conscription is appointed to the soldier on time during the basic service.(5) 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 (Section 54 (3) of the Soldatengesetz (Soldatengesetz)). Non-official table of contents

§ 17 Transitional rule

(1) For claimers who are before the 1. The provisions of Section 14a (4), Section 14b (1) and (2) as well as § 16a (1) in the version currently in force shall remain the decisive date for the end of January 1990.(2) § 9 (8) sentences 4 to 6, § 12 (3) and § 13 (2) and 3 (2) and (3) of the Federal Civil Service (Bundesbeamte), which are not simultaneously granted an office with the reasons for a trial, are in the up to 11. The Directive shall apply in force in February 2009.(3) Until the entry into force of regulations which take into account the requirement of § 9 (8) sentence 4, in the respective service law are § 9 (8) sentences 4 to 6 and (11), § 12 (3) and § 13 (2) and (3) in the up to the 31. The Commission shall apply in force in March 2009.