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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Read the untranslated law here: http://www.gesetze-im-internet.de/arbplschg/BJNR002930957.html

Law on the protection of the workplace to call-up for military service (workplace protection act - ArbPlSchG) ArbPlSchG Ausfertigung date: 30.03.1957 full quotation: "workplace protection act as amended by the notice of July 16, 2009 (BGBl. I S. 2055), by article 3 paragraph 1 of the law of June 29, 2015 (BGBl. I p. 1061) is has been modified" status: Neugefasst by BEK. v. 16.7.2009 I 2055 last amended by art. 9 para 3 G v. 6.3.2015 I 250 Note: change article 3 para 1 G v. 29.6.2015 I 1061 (No. 26) textually evidenced by, edited documentary has not conclusively about the stand number you see in the menu see remarks footnote (+++ text detection from validity: 14.4.1980 +++) heading: eingef the letter abbreviation. Article 7 No. 1 G v. 20.12.2001 I 4013 mWv 1.1.2002 first section rest of employment (1) is basic military service and military exercises section 1 a worker to basic military service or appointed to a reserve, the employment relationship rests during military service.
(2) the employer must pay an employee in the public service during a duty pay as for a relaxing vacation. Special benefits, which are granted with respect to the vacation includes the remuneration.
(3) the employee has the draft notice to submit his or her employer without delay.
(4) a temporary contracts will not be extended by call-up to basic military service or to a reserve; the same applies if an employment for other reasons would have ended during military service.
(5) shall be repealed the draft notice to basic military service or to a reserve prior to service entry, or prematurely terminates the basic military service or the reserve and must the employer temporarily pay wage or salary for two persons at the same workplace, so the additional expenses incurred this through no fault of his are reimbursed by the Federal Government upon request. The application is six months after the additional expenses incurred, at the place designated by the Ministry of defence.

Section 2 protection from dismissal for workers, continued employment after vocational training (1) delivery of the convening notice to the completion of the basic military service, as well as a duty may not terminate the employer the employment relationship.
(2) in addition, the employer may terminate the employment relationship not on the occasion of the military service. Must he dismissed workers of urgent operational requirements (§ 1 para 2 of the employment protection Act), so he may not consider the military service of a worker which when selecting to redundant to its detriment. Dispute is whether the employer from has announced rise of military service or to dismissing considered when choosing military service to the detriment of the employee, the burden of proof meets the employer.
(3) the right of termination for good cause shall remain unaffected. The convening of the employee for military service is no important reason to terminate the contract; does not only of their vocational training in the case of the military service of more than six months for unmarried workers in industries with typically five or fewer workers employees, if the continued employment of workers cannot be expected to the employer as a result of a replacement force after release from military service. Part-time workers with a regular working week of no more than 20 hours with not more than 30 hours with 0.75 and 0.5 are to consider when determining the number of employed workers pursuant to sentence 2. A pursuant to sentence 2, second half-sentence allowable termination may be pronounced only in compliance with a time limit of two months for the time of discharge from military service.
(4) a notice goes to the workers after the delivery of the convening notice or during military service, the period of 4 sentence 1 of the protection against dismissal act begins until two weeks after the end of military service.
(5) the training employer may refuse the acceptance of a trainee in an employment relationship an indefinite period after termination of the training not on the occasion of the military service. Paragraph 2 sentence 3 shall apply accordingly. The employer may refuse the extension of a fixed-term employment relationship or the transfer of the employee in a permanent employment relationship not on the occasion of the military service.

§ 3 housing and benefits in kind (1) the suspension of the employment relationship (section 1 para 1) is without prejudice to a commitment to the Agency of housing.
(2) for the resolution of a lease on housing, which is up to with regard to the employment relationship to the accommodation of the worker and his family, the absence of the employee not to his detriment caused by the basic military service or a duty may also be taken into account. This also applies for single workers who need the housing during their absence for specific reasons.
(3) the provision of living forms part of pay, the workers for the continuation of the employer has to pay a compensation that corresponds to that part of the remuneration. No specific amount has been agreed, the employee has to pay compensation.
(4) payments in kind are further train during during the basic military service or during a duty upon request. Paragraph 3 shall apply mutatis mutandis.
(5) paragraphs 3 and 4 shall not apply if the employer to continue paying the remuneration during military service has under this Act.

Relaxing holiday (1) can an employer cut the vacation which is available to the employee for a holiday year of employment for each full calendar month of workers makes military service, to one-twelfth § 4. Of his annual leave on request before the start of military service is to grant the workers.
(2) the employee received not or not fully holiday due to him prior to its being convened, the employer has to grant the rest leave for military service in the current or the next holiday year.
(3) if the employment relationship ends during military service or the workers in the wake of military service do not continue the employment relationship, the employer has to apply the still not granted holiday.
(4) the workers received more vacation before his call-up as referred to in paragraph 1 was to him, the employer can shorten the holiday the employee entitled to after his release from military service, to the too much granted holidays.
(5) for the period of military service, the holiday depends on the holiday regulations for soldiers.

§ 5 (dropped out) § 6 is continuation of the employment relationship (1) employees in connection to basic military service or, in connection to a reserve in his previous operation again to work, so no disadvantage may arise from the absence, which was caused by military service, in terms of professional and operational him.
(2) the period of military service or a duty is applicable to the professional and service; for trainees and other vocational training the military service time on the professional affiliation is only counted employees after completion of training. The time of military service or a duty is service and periods of employment within the meaning of tariff regulations and collective agreements of the public service.
(3) the time of military service or a duty is not applicable on trial and training periods.
(4) on probation times, which have been agreed for classification in a higher salary or salary does not count the time of military service. During the period to which the classification in a higher salary or salary this is delayed, the employee receives an allowance in the amount of the difference between his pay and pay, which would be the classification in the higher wage or salary from his employer to pay.

§ 7 rules for in work at home employees (1) for in home-working workers who mostly draw their living from home work, §§ 1 to 4 and § 6 para 2 apply accordingly.
(2) before and after military service employees on the occasion of the military service when the issue of homework compared to the others in home work may not be disadvantaged in work at home employees of the same principal or intermediate master; otherwise, they are entitled to the remuneration lost as a result. The fee basis to lay, which has made employees in the average of the last 52 weeks prior to submission of the draft decision which in homework in the contracting authority or intermediate master is the calculation of lost pay.

§ 8 rules for trading representatives (1) the contractual relationship between an agent and a contractor is not solved by summoning the trade representative to basic military service or to a duty.
(2) the trade representative has the draft notice immediately provide the entrepreneurs with whom he is in a contractual relationship.
(3) a temporary contract is not extended by call-up to basic military service or to a reserve; the same applies if a contractual relationship for other reasons would have ended during military service.
(4) the contractor may not terminate the contractual relationship on the occasion of the convening of the trade representative to basic military service or to a reserve.
(5) a certain area or a certain clientele is the trade representative assigned to and can he fulfill his contractual obligations to the necessary extent during the basic military service or during a duty, so the contractor for this reason may require replaced necessary expenses of the agent. To replace only the expenses incurred by the contractor are that he carries out the incumbent trade representative activity itself or can be exercised by employees or other representatives; as far as the entrepreneur himself engaged in the activity, he may require only incurred travel expenses replaced. The expenses are only up to the amount of the remuneration of the commercial agent to replace; they may be charged with it.
(6) the contractor is, even if the commercial agent to the only representative has been appointed, during the basic military service or a reserve of the commercial agent shall be entitled themselves or by employees or by other commercial agent to try to the mediation or the conclusion of transactions.

An official for the military service regulations for civil servants and judges (1) convened § 9, so he is on leave for the duration of the basic military service without remuneration.
(2) a civil servant to a reserve will be set up, so he is on leave for the duration of duty with references. The employer has to pay him remuneration such as a relaxing vacation during this time. The covers include special benefits, which are granted with respect to the vacation.
(3) paragraph 2 sentence 2 applies to the busy officials with the proviso that the Federal Government has to repay the salaries of officials for the duration of the duty the companies at Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG. The application is six months after the end of military service at the place designated by the Ministry of defence.
(4) the officer has to submit his superiors without delay the draft notice.
(5) employment contracts on time be prolonged by call-up to basic military service or to a reserve.
(6) the officer may be dismissed on the occasion of the call-up to basic military service or to a reserve.
(7) the officer may not be from the absence, which was led by the military, no official disadvantage.
(8) preparatory service and probationary periods be extended by the period of military service. The preparatory service is extended around the time of the military exercises, that exceeds six weeks in the calendar year. The delays, which are for the beginning of the grade seniority or, for officers and judges of the Federal Government, for the beginning of the period of experience, to compensate. Also the resulting professional delays are adequate to compensate.
(9) para 1, 2, 4 and 5 shall apply for civil servants § 4 accordingly.
(10) the setting as a civil servant must not be delayed due to the call-up to basic military service or to a reserve. Adjusts a soldier during the basic military service or a duty, so you apply paragraphs 1, 2 and 4 to 9 in accordance with.
(11) paragraphs 1, 2 and 4 to 10 for judges shall apply mutatis mutandis.

Voluntary military training exercises will convene the conscripts to a duty on the basis of voluntary obligation (§ 4 para 3 sentence 1 and 2 of the compulsory military service Act) § 10, so sections 1 to 4 and 6 to 9 apply only if this duty alone or in combination with other voluntary military training exercises in the calendar year takes no longer than six weeks.

§ 11 (dropped out) § 11a preference in the public service (1) promotes a soldier or soldier discharged until the expiration of six months after completion of the basic military service to hiring in the public service, so he takes precedence over not legally privileged applicants of equal fitness. The same applies to conscripts that pass through one in the connection of the basic military service for the future profession in prescribed by the public service, going beyond the general education education education without impermissible exceeding of the adjustment time, if they apply within six months after completing this training setting.
(2) the professional suitability requirements for hiring in the public service for conscripts in the sense of paragraph 1 increased rate 2 during the military service-related delay of their application for setting, the degree of their professional competence is such requirements to consider, that have passed at a time when they had can compete without the basic military service. The examination leads to the result that a conscript without this delay would have been set, it can be set before candidates without military service. The number of posts that can be reserved for conscripts in a setting date, determined by the numerical ratio of candidates with military service-related delay to those in which such is not available; Fractions of points shall be rounded in favour of conscripts.

§ 12 crediting the military service time and the time of a professional promotion when discharged soldiers (1) is a soldier discharged in the connection of the basic military service or set on a reserve as an employee to apply § 6 par. 2 to 4, after he heard the operation or the Administration for six months. The same applies to conscripts, who will undergo a beneficial, going beyond the general education education education without impermissible exceeding of the control period for the future profession as an employee and following, set it as an employee following the basic military service or a duty. In a company or inter-company pension schemes, a credit limited pursuant to sentence 1 on the inclusion in the non-forfeitability periods under the Pension Act. Is after release from the German armed forces on the basis of the soldier supply Act vocational retraining or vocational training aid entitled the soldiers as a result of damage to military service, the necessary time on the professional and service or as a service and employment time is applied.
(2) the salary laws govern crediting the military service period on the grade seniority for discharged soldiers, which are set the basic military service according to or after a duty as a civil servant or judge considering § 9 para 7 and 11. Setting, set 1 with the proviso that the period of experience takes the place of the grade seniority considered official or a judge of the Federal Government.
(3) a soldier or soldier discharged, which has until the expiry of six months after completion of the basic military service or a reserve setting as a civil servant and he set in the preparatory service, so paragraph 2 and § 9 (8) sentence 4 shall apply mutatis mutandis.
(4) paragraph 3 shall apply accordingly for an employee, whose training is carried out by a fixed multi-year activity in the employment relationship in place of the otherwise prescribed preparation service for a later civil servant.

Article 13 transfer of military service profession later in life (1) is the time of military service and the military exercises on the admission to secondary checks at work applied to demonstrate time of a multi-annual activity after the final apprenticeship examination, unless a period of one year will not fall below.
(2) a soldier discharged following the basic military service or a duty begins an excess for future working as a civil servant or judge of the general education education prescribed training (University, College, technical or other vocational training) or is this interrupted by the basic military service or military exercises, to § 9 (8) sentence 4 and § 12 para 2 apply to civil servants, for judge § 9 para 11 and section 12 paragraph 2 Accordingly , if he applies until the expiry of six months after completing the training setting as a civil servant or judge and is set on the basis of this application.
(3) an employee, whose training is carried out by a fixed multi-year activity in the employment relationship in place of the otherwise prescribed preparation service for a later civil servant § 9 (8) sentence 4 and section 12 paragraph 2 shall apply accordingly.
Second section continue pay (1) prompts an employee message when the registration authorities and Wehrersatzbehörden § 14 under the Conscription Act by the registration authority or a Wehrersatzbehörde, to register personally, or to introduce, as the employer for the dropout working time has to continue to pay the remuneration.
(2) the worker shall immediately submit the charge to his or her employer.
(3) paragraphs 1 and 2 shall apply mutatis mutandis for the employee, which should be used for services after the fourth section of the soldier Act.
Third section of old age and for workers (1) an existing survivor § 14a additional old age and survivor's insurance in the additional old-age and survivor's pension for workers in the public service is not affected by the call-up to basic military service or to a duty.
(2) the employer has contributions (employers and workers share) during military service next to the right, the amount in which they paid would have been, if the employment relationship on the occasion of the convening of the worker would not rest. After the end of military service, the employer reports the contributions attributable to the period of military service at the Federal Ministry of Defense or the place designated by him to reimburse. Does not apply changes in the level of contributions, which occur after the military service in the case of § 1 para 2 sentence 2, shall be disregarded.
(3) for workers who belong to a pension fund or as beneficiaries of an other body or form of company or inter-company old-age and survivor considering come, apply paragraphs 1 and 2 1 and 2 4 set accordingly.
(4) this will be refunded an employee who voluntarily contributes to the statutory pension insurance or an other old-age and survivor's pension from his wages, on request for the duration of military service in the amount, which on average has been paid for the last 12 months before the start of military service, if she at least twelve months included the expenses underlying insurance at the beginning of the military service and the employer according to the paragraphs 1 to 3, not to further pay is required; Income from minor employment within the meaning of article 8 of the fourth book of the social code are not taken into consideration. The services may under this paragraph, if payment of contributions of the Association to the statutory pension insurance for the period of military service, 40 per cent of the maximum fee which can be paid for voluntary insurance in the general pension insurance, otherwise do not exceed the maximum contribution. Sentences 1 and 2 do not apply for payment of the remuneration according to § 1 para 2, for entitlement to benefits under sections 13 to 13d of the maintenance assurance Act or for parental leave.
(5) requests for reimbursement must be within one year after completion of military service.
(6) the Federal Government regulates the reimbursement procedure, as well as details regarding the company or inter-company old-age and survivor's pension by Decree; in it, it can be determined what facilities as company or inter-company old-age and survivor's pension in accordance with the law to be. The Ministry of defence may agree in consultation with the Federal Ministry of finance with the employers a lump-sum refund of the contribution and the payment method.

§ 14 conscripts, who arranged or based on law obligation is a member of public insurance or supply body of his profession on the day before the start of the military service relationship (§ 2 of the soldier Act) on the basis of a law and exempted from the insurance obligation in the statutory pension insurance is (1) a b old age and survivor's pension in special cases or was voluntarily insured before the military service in a branch of the statutory pension insurance , will be refunded the contributions to this facility on request in the amount in which they are to pay according to the articles of association or the terms and conditions for the time of military service. The performance may not exceed the amount, which the Federal Government for the duration of military service in the statutory pension insurance payable if the conscripts would not have been liberated from the insurance obligation. Sentences 1 and 2 do not apply for payment of the remuneration according to § 1 para 2, the references according to § 9 para 2, when claim according to § 13 para 2 and §§ 13a and 13B of the maintenance assurance Act or parental leave benefits.
(2) the posts on request for the duration of military service will be refunded a conscript is not eligible according to § 14a and makes contributions to the statutory pension insurance or an other old-age and survivor's pension. Contributions, which are voluntarily paid to the statutory pension insurance, insofar as they exceed the contributions of the Association to the statutory pension insurance for the period of military service, and contributions to other old-age and survivor's benefit, which volunteered to be paid, will be refunded only in the amount, which on average has been paid for the last 12 months before the start of military service, if the underlying expenses insurance at the start of military service is at least twelve months. These contributions must be done employment or wage-replacement benefits from own income from agriculture and forestry, business, freelance work, Income from minor employment within the meaning of article 8 of the fourth book of the social code are not taken into consideration. Grants to post are been awarded according to § 32 of the Act on the pension of farmers is to offset the subsidies paid for the same period of the refund claim. Sentences 1 to 4 do not apply for payment of the remuneration according to § 1 para 2, the references according to § 9 para 2, for entitlement to benefits under sections 13 to 13d of the maintenance assurance Act or for parental leave.
(3) payments may not exceed if can be be paid contributions of the Association to the statutory pension insurance for the period of military service or contributions reimbursed pursuant to paragraph 1 40 per cent of the maximum contribution, which paid for voluntary insurance in the general pension insurance, otherwise the maximum contribution referred to in paragraph 2.
(4) requests for reimbursement must be within one year after completion of military service.
(5) for the refund procedure, § 14a paragraph 6 shall apply mutatis mutandis.
Fourth section § 15 final provisions definitions (1) workers in the meaning of this law are to their vocational training workers and employees, as well as the employees.
(2) public service within the meaning of this Act is the activity in the service of the Federal Government, a country, a Community (a Community Association) or other authorities, establishments and foundations governed by public law, or associations of such; the joining of public religious societies or their associations is excluded.

§ 16 other validity of Act (1) this Act applies also in the case of open-ended military service in the voltage or defense case with the proviso that the rules for military exercises are to apply.
(2) this law shall apply also in the case of subsequent to the basic military service voluntary additional military service (section 6B of the compulsory military service Act) with the proviso that the provisions of the basic military service are applicable.
(3) this law shall apply also in the case of voluntary military service in special foreign use (§ 6a of the compulsory military service Act) with the proviso that apply are the regulations on military training exercises. section 10 does not apply.
(4) this law is also applicable to employment and service conditions of persons who used to services after the fourth section of the soldier Act, with the proviso that apply are the regulations on military training exercises. Paragraph 3 sentence 2 shall apply with the exception of exercises (§ 61 of the soldier law) according to.
(5) this Act applies in the case of the assistance in the Interior (section 6 c of the compulsory military service Act) and the assistance from abroad (section 6 d of the compulsory military service Act) with the proviso that apply are the regulations on military training exercises. Paragraph 3 sentence 2 shall apply accordingly.
(6) article 1, paragraph 1, 3 and 4 and the sections 2 to 8 of this Act also apply to foreigners employed in Germany, when they are considered in their home country to comply with its existing conscription for military service. This applies only to foreigners, nationals of the Contracting Parties of the European Social Charter of 18 October 1961 (BGBl. 1964 II p. 1262), and who have their legal residence in Germany.
(7) this law applies the law on the soldier with the proviso that the provisions of the military service to apply are also in the case of voluntary military service according to § 58.

section 16a military service as a soldier on time (1) this law shall apply also in the case of military service as a soldier on time 1 for the service set initially for six months, 2. for fixed permanently on a total of not more than two years service time with the proviso that for the basic military service of conscripts regulations are applicable, except § 9 (8) sentence 3 , sections 14a and § 14 b. (2) in the cases of paragraph 1 Nos. 1 and 2 are section 125 subsection 1 sentence 1 of the civil service law framework law or article 31 paragraph 1, sentence 1 of the federal civil servants Act and § 22 subsection 2 sentence 1 of the official State law not to apply paragraph 2.
(3) (dropped out) (4) is set the service time to a total of more than two years, shall immediately notify the employer by the competent services of the armed forces. The same applies if a conscript is appointed during the military service to the troops on time.
(5) paragraphs 1 to 4 shall apply the Defense (§ 54 para 3 of the soldier Act) in case of an extension of the period of service referred to in paragraph 1 for compelling reasons.

17 transitional provisions (1) for qualifying, which have been set prior to January 1, 1990, as a soldier, remain § the provisions of § 14a para 4, § 14 of the b version until then applicable paragraph 1 and 2, of section 16a para 1 in the decisive.
(2) to federal officials, which at the same time an Office is awarded with establishing an official relationship to test, § 9 paragraph 8 set 4 to 6, article 12, para. 3 and § 13 para 2 and 3 as amended by force until February 11, 2009 are to apply.
(3) up to the entry into force of regulations which take into account the requirement of § 9 (8) sentence 4, the law of the respective service § 9 paragraph 8 set 4 to 6 and paragraph 11 are to apply article 12 par. 3 and § 13 para 2 and 3 as amended by force until March 31, 2009.