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Law to ensure employment for the purposes of defence, including the protection of the civilian population

Original Language Title: Gesetz zur Sicherstellung von Arbeitsleistungen für Zwecke der Verteidigung einschließlich des Schutzes der Zivilbevölkerung

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Law to ensure employment services for the purposes of defence, including the protection of the civilian population (Employment Protection Act)

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ASG

Date of completion: 09.07.1968

Full quote:

" Employment Protection Act of 9 July 1968 (BGBl. 787), as last amended by Article 3 (2) of the Law of 29 June 2015 (BGBl). I p. 1061).

Status: Last amended by Art. 3 sec. 2 G v. 29.6.2015 I 1061

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1977 + + +) Unofficial table of contents

Content Summary

First section:
Basic provisions
Priority of the free employment contract § 1
Measures to ensure the provision of work § 2
Conditions for ensuring the provision of work services § 3
Scope § 4
Exemptions § 5
Demarcation of military service and other services § 6
Second section:
Limitation of termination of an employment relationship in defence case and in voltage times
Consent to the termination of an employment relationship § 7
Exceptions to the need for consent § 8
Consent procedure § 9
Third section:
Commitment to an employment relationship in the case of defence and in times of tension
1. Subsection:
Commitment rules
Content of the commitment § 10
Commitment Authorities § 11
Principles of commitment § 12
Commitment notice § 13
2. Subsection:
Legal status of the person responsible
Content of the employment relationship established by obligation § 14
Influence of the obligation on a labour or contractual relationship in the private economy § 15
The influence of the obligation on a service or employment relationship in the civil service § 16
Payment of goodwill and replacement for representative costs and current operating expenditure § 17
3. Subsection:
Social security, unemployment insurance, long-term care insurance
General § 18
Health insurance § 19
Accident insurance § 20
Pension insurance; freedom of insurance and responsibility Section 21
Pension insurance; pay and contributions. Section 22
Unemployment insurance Section 23
Care insurance Section 23a
Fourth section:
Supplementary provisions
Obligation to provide information § 24
Personal presentation Section 25
Costs of the commitment and assent procedure Section 26
Legal Way § 27
Fifth section:
Special provisions
1. Subsection:
Voluntary work conditions
Application of § § 14 to 23 § 28
2. Subsection:
Training events, training events § 29
Encitation § 30
3. Subsection:
Special arrangements
Imposition of risks Section 31
Sixth section:
Final provisions
Breach of seizage rules Section 32
(dropped) § 33
Coordination and needs coverage Section 34
Right of instructions to the Federal Employment Agency and unemployment insurance § 35
Definition § 36
Public service relations Section 37
Regulation § 38
Limitation of fundamental rights § 39
entry into force § 40
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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law:

First section
Basic provisions

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§ 1 Priority of the free employment contract

The fundamental right of the free choice of the workplace (Article 12 of the Basic Law) also applies in times of tension and in the case of defence. Only use may be made of the commitment powers provided for in § 2, if and to the extent that the work services listed in that provision cannot be ensured on the basis of the voluntary nature of the work. Unofficial table of contents

§ 2 Measures to ensure the provision of work services

For the purposes of defence, including the protection of the civilian population, under the provisions of this Act,
1.
the right to terminate the employment relationship of the completed 18. Age until the rule age limit is reached in accordance with the Sixth Book of the Social Code,
2.
a conscription to a working relationship shall be obliged to:
3.
A woman from the completed eighteenth to the completed fifty-fifth year of life in the civil health or healing nature as well as in the fixed military military hospital organization are obliged to work.
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§ 3 Conditions for the safeguarding of work services

Restrictions and obligations pursuant to § 2 shall be permitted in the case of defence. Restrictions and obligations pursuant to § 2 Nos. 1 and 2 shall also be permitted under the conditions laid down in the first sentence of Article 12a (5) and the second sentence of the second sentence of the Basic Law. The obligation to attend training events (§ 29) is also permissible if the conditions of the sentences 1 and 2 are not fulfilled. Unofficial table of contents

§ 4 Scope

(1) Obligations and restrictions in accordance with § 2 shall be permitted to ensure the provision of work services
1.
for the Bundeswehr and the allied armed forces,
2.
at the offices of the Federal Government, the Länder, the municipal associations, the municipalities and the other legal persons under public law,
3.
in the case of associations and civil protection bodies,
4.
in water and energy supply companies, as well as in waste water and waste disposal,
5.
in hospitals and other institutions in which care is taken for dependent persons,
6.
in companies in the mineral oil supply,
7.
in transport undertakings, including undertakings for the carriage of passengers and goods by sea and inland waterway,
8.
at Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG, as well as in companies pursuant to § 2 (2) and (3) of the Swiss Post and Telecommunications Assurance Act, insofar as they are based on a legal regulation pursuant to § 3 of the above mentioned the law,
9.
in the case of the air traffic control organisation responsible under Section 31b (1) of the Air Transport Act.
(2) In addition to the provisions of paragraph 1, the Federal Government may, after the conditions for ensuring the provision of employment services (§ 3), determine by means of a decree law that obligations and restrictions also apply in other areas within the The application area referred to in Article 12a (3), (4) and (6) of the Basic Law is admissible. The legal regulation may also restrict or limit the scope of application. The Federal Government has to repeal the legal regulation if the Bundestag demands it. Unofficial table of contents

§ 5 Liberation

(1) § 2 shall not apply to:
1.
Severely disabled persons within the meaning of Section 2 (2) of the Ninth Book Social Code,
2.
other persons whose disability is not only temporarily at least 50, or the degree of damage to which the person is responsible for the damage,
3.
persons who have to take care of persons in need of assistance or other persons in need of assistance from a legal or moral obligation, unless the necessary care is guaranteed,
4.
Members of the Supreme Constitutional Institutions of the Federal Government and of the Länder,
5.
Judges at the time of life or at the time,
6.
ordained clergy of evangelical confession,
7.
Spiritual Roman Catholic confession that received the subdiaconate consecration,
8.
full-time working clergy of other confessions, whose office corresponds to that of an ordained cleric evangelical or of a spiritual Roman Catholic confession, who received the subdiaconation ordination.
(2) § 2 and 3 shall not apply to members of the holding and staff councils. (3) § 2 nos. 2 and 3 shall not apply to persons whose obligation would interrupt an already largely funded training section if this is an unreasonable (4) § 2 nos. 1 and 3 does not apply to women from the beginning of pregnancy until four months after the birth, as well as to women with a child under the age of 15 who are living with them in the home community. (5) The Federal Ministry of Labour and social affairs may be subject to legal regulation by other groups of persons from the application of § 2 No. 2 and 3, if the continuation of their activity or vocational training is in the public interest and is incompatible with the obligation under this provision. Unofficial table of contents

Section 6 delimitation of military service and other services

The obligation to serve in the armed forces, in the Federal Border Guard, in a Civil Protection Association and in the Civil Service is subject to a measure to ensure the provision of work in accordance with § 2. § § 13 and 13a of the German Wehrpflichtgesetz (Wehrpflichtgesetz) and § § 14 and 16 of the Civil Service Act remain unaffected.

Second section
Limitation of termination of an employment relationship in defence case and in voltage times

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§ 7 Consent in need of termination of employment

(1) Employees and private employers within the scope of the law (§ 4) require the consent of the Agency for the termination of an employment relationship after the conditions for the provision of work benefits (§ 3) have entered into force. Work. The Agency for Work shall agree to the termination provided that it does not adversely affect the safeguarding of work performance or if the continuation of the employment relationship is unreasonable. § 1 shall be observed. (2) The consent shall not be decided on the employment rights entitlement of termination of the employment relationship. Unofficial table of contents

Section 8 Exceptions to the need for consent

(1) A consent in accordance with § 7 is not required
1.
in the case of work conditions, at a certain time, when the time has elapsed,
2.
in the case of occasional services or employment for a minor charge, which are not subject to the health insurance obligation.
(2) The Federal Employment Agency (Bundesagentur für Arbeit) may exempt employees and employers of certain establishments and areas from the obligation to obtain the approval of the Agency for work prior to the solution of an employment relationship. The exemption shall be notified in writing to the employer and the works council (staff council). The employer shall make it known to the employees in the usual manner. The exemption may be granted for a limited period and for certain operating departments; it is at any time revocable. Unofficial table of contents

Section 9 assent procedure

(1) The consent to the termination of an employment relationship shall be the part of the contract which the termination intends to apply to the Agency for work in writing, in the district of which its office or establishment is situated; for the end of the journey In urgent cases, maritime and inland waterway personnel are also responsible for the work of the Agency, in whose district the vessel is located. (2) The agreement is to be communicated to both parts in writing. It shall be deemed to have been granted if the refusal of the application has not been received within two weeks, in the case of exceptional termination within one week of its receipt by the Agency for the work of the applicant. (3) If the application is rejected, the applicant shall: the decision shall be notified to the applicant.

Third Section
Commitment to an employment relationship in the case of defence and in times of tension

1. Subsection
Commitment rules

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§ 10 Content of the obligation

The letter of commitment (§ 13) establishes an employment relationship. Unofficial table of contents

Section 11 Commitment authorities

(1) The commitment authority shall be the Agency for Work. The Agency shall be responsible for work, in the district of which the establishment or department is located, in which the person to whom the undertaking is to be engaged is employed. In urgent cases, the Agency shall also be responsible for the work of the travelling personnel of sea and inland waterway transport in whose district the vessel is situated. For frontier workers and for non-employed persons, the Agency is responsible for work in whose district they have their permanent residence or lack of such a stay. (2) In the event of danger in default, the municipalities in which they are located may also be responsible. States Berlin, Bremen and Hamburg, the authorities designated by the senates, as well as the authorities of the general administration at the county level obligations up to a duration of three days. In this case, they shall have the tasks assigned to the Agency for Work as a Commitment Authority. Unofficial table of contents

§ 12 Principles of commitment

(1) The commitment authority may only require persons to be subject to reasonable employment conditions. The training, professional activity, physical and mental capacities and the social and economic conditions of the person to be compulsory, as well as the special circumstances of the workplace, must be taken into account. § 1 shall be observed. It is possible to take account of the concerns of the former employer as far as possible. For this purpose, the Federal Ministry of Labour and Social Affairs may adopt general administrative provisions; for the commitment authorities referred to in Article 11 (2) they require the approval of the Federal Council. (2) For persons who are in a service or Employment relationships with the federal government, a country, a municipality or a community association, require the obligation of prior approval of the authority responsible for personnel matters. Consent can only be refused if the person has to carry out the duties of the Authority's life and defence. Unofficial table of contents

Section 13 Commitment

(1) The Letter of Commitment has to be called
1.
the legal basis of the obligation,
2.
the commitment authority,
3.
the pledge,
4.
the employer,
5.
the nature of employment,
6.
the essential conditions for the employment relationship,
7.
the place and time of the work,
8.
the expected duration of the commitment.
The letter of commitment must also contain a reference to the rules on the economic and social security of the food, a statement of the right to appeal and an information that an infringement of the (2) The notice of commitment may contain conditions for the employer, in particular for the protection of the pledge. (3) The letter of commitment shall be given in writing. and employees and employers as well as the previous employer or (4) In the event of danger in default, the obligation may also be oral, or, if necessary, to the person employed in the home. (4) by telephone. It shall be confirmed in writing without delay.

2. Subsection
Legal status of the person responsible

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§ 14 Content of the employment relationship established by obligation

(1) The mutual rights and obligations arising out of the employment relationship shall be determined in accordance with the conditions which are common in the establishment, service or equivalent establishments or departments for work of a comparable nature; Employers do not apply existing regulations on supplementary retirement and survivor's care. The employer must reimburse the employee for the expenses incurred as a result of the arrival and departure, including the removal costs, and to pay him a severance compensation. (2) The Federal Ministry of Labour and Social Affairs will be Authorized to adopt, by means of a regulation, more detailed provisions relating to the conditions, the amount and the extent of the compensation for separation, and the replacement of removal costs. Unofficial table of contents

§ 15 The influence of the obligation on a working or contractual relationship in the private economy

(1) If a worker is obliged to work in a working relationship, his previous employment relationship shall rest during the period of the obligation. § 1 (4) and (5), § § 2, 3 and 4 (1) sentence 1, para. 2 to 4, § § 6, 12 (1), § § 13, 14a (3) and (6) and § 14b (1) and (5) of the Employment Protection Act apply accordingly; § 14a (3) and (6) and § 14b (1) and (5) shall apply, however, to the The requirement that the new employer be subject to the requirements of the new employer. This may retain any employee shares from the remuneration of the persons obliged to pay. (2) For employees working in home and for commercial agents, § § 7 and 8 of the Employment Protection Act shall apply accordingly. Unofficial table of contents

§ 16 The influence of the obligation on a service or employment relationship in the civil service

(1) If an official or a judge is obliged to work in a working relationship, he shall be on leave for the duration of the obligation with a remuneration or maintenance allowance; § 9 (3) to (11) of the Employment Protection Act shall apply mutagenically, Paragraph 8 only insofar as it relates to the convocation to military exercises and paragraph 9, insofar as it refers to Article 4 (1), (2) and (4). In the case of a teacher at a private approved replacement school, which is insurance-free in accordance with Article 6 (1) (5) of the Fifth Book of Social Code, the first sentence shall apply. (2) A worker in the public service shall be employed in a working relationship , the employer of the continuing employment relationship shall continue to pay the remuneration for the duration of the obligation. After the end of the obligation, the pay is to be repaid as long as sickness benefit is paid out of the statutory health insurance or corresponding benefits from the statutory accident insurance; in total, the employee is allowed to Incapacity for work no longer received than would be obtained if it had not been committed to employment. § 1 (1), (4) and (5), § § 2, 3, 4 (1) to (4), § § 6, 12, 13 and 14a (1) of the Employment Protection Act shall apply accordingly. (3) On the remuneration to be granted under paragraphs 1 and 2, Maintenance grants, remuneration or remuneration shall be credited to the current cash benefits paid to the employee. These cash benefits are equal to the sickness benefit from statutory health insurance, corresponding benefits from statutory accident insurance, the short-time allowance and the bad-weather allowance. Unofficial table of contents

Section 17 Payment of goodwill and replacement for representative expenses and current operating expenses

(1) A commitment to an employment relationship which is not covered by Section 16 shall be given, in so far as its net income is reduced by the obligation within the meaning of Section 10 of the Maintenance Safeguards Act, the amount of the difference being reduced by the competent authority. Maintenance authority at the expense of the federal government; this is also to be repaid after the end of the obligation as long as sickness benefit is granted from the statutory health insurance or corresponding benefits from the statutory accident insurance , Section 16 (2), second sentence, second half-sentence shall apply accordingly. The amount of the difference may, together with the current net monetary benefits arising from the new employment relationship, per calendar day of the obligation to pledge with dependants with dependent members of the family, as defined in § 13 (4) (a) of the The maintenance insurance act, and for the other pledges, the maximum amount determined in section 13 (4) (b) of the maintenance insurance act in each case no more than 135 of the hundred. The amount of the difference shall not be subject to the taxes on income and income. (2) A commitment in an employment relationship, the commercial operation of which, the operation of agriculture and forestry or its self-employed activity during the undertaking , the difference will not be paid. However, he/she shall be reimbursed for reasonable expenses for the replacement or representative, who shall act in his place during the period of the commitment. The current net cash benefits from the new employment relationship are to be calculated. (3) A commitment in an employment relationship that is committed to its commercial operation, to the operation of agriculture and forestry or to its self-employed activity during the commitment shall not be continued by a substitute or a representative and the holding of which shall be based, shall be replaced by the difference referred to in paragraph 1 and shall be replaced by the replacement of the expenses for the rental of the place of work and for the other operating expenses in the sense of the Income Tax Act, provided that it has corresponding current payment obligations for the duration of the commitment. (4) The benefits referred to in paragraphs 1 to 3 shall be granted on request. The third section of the maintenance law shall apply mutamatters to the jurisdiction and the proceedings. (5) § 23 of the maintenance insurance act is applied with the proviso that the Federal Ministry of Defence shall be replaced by the Federal Ministry of Defence. Federal Ministry of Labour and Social Affairs.

3. Subsection
Social security, unemployment insurance, long-term care insurance

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§ 18 General

Persons who are obliged to work in an employment relationship shall be subject to compulsory insurance in the statutory health, accident and pension insurance as well as in the unemployment insurance and social care insurance in accordance with the conditions laid down in the general provisions, in so far as the following provisions do not determine any deviation. Unofficial table of contents

§ 19 Health insurance

(1) Officials, teachers at private approved replacement schools, judges on rehearsals and employees in the civil service, who are in the statutory health insurance pursuant to § 6 (1) no. 2, 5 or 6 of the Fifth Book of Social Code (2) Persons who are not entitled to an insurance-free employment, as long as they are on a leave of absence or on their remuneration in accordance with § 16 with remuneration or maintenance allowance. (2) Persons who do not employed on a non-self-employed basis and for reasons other than the exceeding of the Annual earnings limit in statutory health insurance are free of insurance, are exempt from the insurance obligation in the statutory health insurance during their obligation to work ratio on their application. The exemption shall be effective from the start of the obligation if the application is made within one month after that date, otherwise the application shall be received. The competent sickness insurance fund shall decide on the application. It has to issue to the applicant a certificate of exemption which must be submitted to the new employer. (3) The benefits in accordance with § 16, which exceed the current monetary benefits from the employment relationship, and the difference amounts. Pursuant to Section 17 (1), consideration shall be given as remuneration only in the calculation of the annual wage limit (Section 6 (6) or (7) of the Fifth Book of the Social Code). Unofficial table of contents

Section 20 Accident Insurance

(1) The statutory accident insurance applies during the obligation to an employment relationship as the annual work earnings of a insured person who was already insured at the time of his obligation, who was last insured in the insurance before the (2) A person who is otherwise insured under the law or principles of civil service law shall be obliged to enter into an obligation to pay annual work for the person concerned. Employment relationship an insurance case, apply § 61 (1) and § 82 (4) of the Seventh Book Social Code, with the proviso that the annual work earnings are calculated in accordance with § 82 (1) and (2) of the Seventh Book of Social Code, if it is more favourable to the person entitled to work. Unofficial table of contents

§ 21 Pension insurance insurance and jurisdiction

(1) In the statutory pension insurance, during the obligation to a working relationship are also insurance-free
1.
Persons who, at the time of their obligation, employed unselfemployed persons and, in accordance with Section 5 (1) of the Sixth Book of the Social Code, insurance-free or on request from the insurance obligation in the pension insurance pursuant to § 6 of the Sixth Book the Social Code,
2.
Persons who, at the time of their obligation as self-employed persons, are members of a public insurance institution or supply facility of their own, on the basis of a law-based or regulated obligation is a professional group,
3.
Persons who, before the obligation, were only subject to insurance under the age-saving law of the farmers and who continue to do so.
(2) For persons who are compulsorly insured in the statutory pension insurance at the time of their obligation to work in the statutory pension insurance, the affiliation to the branch of the statutory pension insurance does not change during the obligation, unless, on the basis of the obligation, they exercise employment which is to be insured in a different way than in the case of pension insurance. Unofficial table of contents

§ 22 Pension insurance remuneration and contributions

(1) In the case of persons who are compulsorly insured in the statutory pension insurance during their obligation to work in the statutory pension insurance, the benefits under § 16, which exceed the current monetary benefits from the employment relationship, shall also apply. Different amounts pursuant to section 17 (1) as remuneration if these persons were already insured under the statutory pension insurance scheme at the time of their obligation. In the case of craftsmen who are registered in the craft trades, the first sentence does not apply. (2) The previous Dienstherr or employer and the insured person bear for the services in accordance with § 16, which exceed the current monetary benefits from the employment relationship, the compulsory contributions to the general pension insurance cover in each case and the compulsory contributions to the pension insurance scheme in accordance with the relationship defined in the Sixth Book of Social Insurance. The compulsory contributions to the difference amounts pursuant to section 17 (1) are borne by the federal government. (3) and (4) Unofficial table of contents

Section 23 Unemployment insurance

(1) Persons who were not employed as employees or not in their vocational training immediately prior to the obligation to work shall also remain free of insurance during their commitment to employment. (2) Measurement of the contribution to the Federal Employment Agency and unemployment insurance are not taken into account in accordance with § § 16 and 17. (3) If an employee is obliged to work in a working relationship, he/she shall be entitled to it in the case of the employment contract. Unemployment is not a disadvantage with regard to the level of unemployment benefits are created. The Federal Employment Agency (Bundesagentur für Arbeitsvermittlung und unemployment insurance), with the approval of the Federal Ministry of Labour and Social Affairs, is responsible for this. Additional expenses incurred by the Federal Agency in the effect of the sentence 1 are borne by the Federal Government. (4)

Footnote

Section 23 (2) italics: now Bundesanstalt für Arbeit gem. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 N ° 7 G v. 23.12.2003 I 2848 mWv 1.1.2004
Section 23 (3) sentence 2 and 3 italic print: Now Federal Institute for Work according to. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 N ° 7 G v. 23.12.2003 I 2848 mWv 1.1.2004 Unofficial table of contents

§ 23a care insurance

§ 61 of the Eleventh Book of the Social Code is to be applied with the proviso that the dienstherr or employer of the public service, who according to § 16 has to pay further in remuneration, maintenance allowance or remuneration, and the new employer the Contribution grant shall be paid in proportion to the amount of the remuneration to be paid in each case, maintenance grants and pay.

Fourth Section
Supplementary provisions

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§ 24 Information to be provided

(1) Conscripts and women who may be obliged to work in an employment relationship shall, on request, provide the Agency with the information necessary for the implementation of the law. The same obligation is required by the servants of the public law and employer; they must inform the holding or the staff council before the information is issued. (2) The information provided for the purposes of the provision of information can be obtained from the information provided by the employer. Refuse to answer questions whose answer to him or one of the members of the civil procedure referred to in Article 383 (1) (1) to (3) of the Code of Civil Procedure is subject to criminal prosecution or to proceedings under the Law on Administrative Offences (3) The knowledge and documents obtained in accordance with paragraph 1 shall not apply to: Tax procedures, criminal proceedings for a tax offence or a fine for a non-administrative offence are used. The provisions of § § 93, 97, 105 (1), § 111 (5) in conjunction with § 105 (1) and § 116 (1) of the German Tax Code do not apply to this extent. Unofficial table of contents

§ 25 Personal presentation

(1) Upon the entry of the conditions for ensuring the provision of work services (§ 3), conscripts who can be obliged to work in an employment relationship must register or present themselves at the request of the Agency for Work. The request shall be made in writing and may also be issued orally, by telephone or by public calls in the press, in broadcasting or in any other form, in the event of danger. (2) Following the entry into force of the conditions for ensuring Work services (§ 3) are the persons referred to in paragraph 1 who are obliged to be examined by medical and specialist psychologists on the basis of an arrangement of the Agency for the determination of their physical fitness and mental performance. and, in so doing, to tolerate medical examination measures in so far as these (3) The Agency for Work may order the presentation of a person who is invited to present himself or to a doctor. (4) For the working time resulting from the obligations referred to in paragraphs 1 and 2, the service worker or employer shall continue to pay the remuneration or the remuneration. The same shall apply to persons employed in home employment for the adjudicating entity or, if they are employed by an intermediate master, to the intermediate master who has employed them exclusively or predominantly for at least one year. The person charged by the Agency for work shall submit the written summons without delay to her servant, employer or principal (intermediate master), in the case of a request referred to in the second sentence of paragraph 1, the second half-sentence to inform the person immediately. Unofficial table of contents

Section 26 Costs of the commitment and consent procedure

The procedure in front of the Agency for Work is free of charge. Any necessary expositions that have been incurred by a person through the proceedings will be reimbursed by the Agency for work. The costs of the investigations pursuant to section 25 (2) shall be borne by the Agency for Work. The Agency for Work shall, on behalf of the Federal Government, supersede frontier workers, employees in homework, insofar as they are not covered by Article 25 (4), as well as self-employed persons, the loss of earnings; the provisions of the Justice Remuneration and Enforcement of the Work -the compensation law shall apply mutatily. These expenses are reimbursed by the Federal Employment Agency (Bundesagentur für Arbeitsvermittlung und unemployment insurance).

Footnote

§ 26 Sentence 5 italic pressure: now Bundesanstalt für Arbeit gem. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 (10), (e) G v. 23.12.2003 I 2848 mWv 1.1.2004 Unofficial table of contents

§ 27 Legal Way

(1) For legal disputes concerning measures under this law or a legal regulation based on this law, the administrative right is given. (2) The appeal and the action of appeal do not have a suspensive effect. (3) Paragraph 2 does not apply for litigation concerning benefits under Section 17 of this Act.

Fifth Section
Special provisions

1. Subsection
Voluntary work conditions

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§ 28 Application of § § 14 to 23

If, after entry of the conditions for the safeguarding of work services (§ 3) within the scope of the law (§ 4), there is a voluntary employment relationship, into which a conscription may be obliged, the Agency may for Arrange work at the request of the employee to apply the § § 14 to 23a. The application should not be complied with as long as the previous employment relationship exists, if the previous employer contradicts and the order would lead to an unreasonable burden on him. § § 11 and 13 (3) and (4) apply analogously to the arrangement.

2. Subsection
Training events Ready to be held

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§ 29 Training Events

(1) Conscripts who, after the conditions for ensuring the provision of work services (§ 3), are to be used within the scope of the law (§ 4) for a task requiring special knowledge and skills, can be used to: Training events are committed. The priority of voluntariness (§ 1) shall apply accordingly. The initial training may not exceed 28 days, and repeat events may not exceed 14 days a year. (2) The Federal Government may, by means of a legal regulation
1.
for which the tasks referred to in paragraph 1 may be carried out in the course of training events,
2.
determine the institution of the training and regulate the cost of the training,
3.
rules on the obligation to take part in training events; and
4.
the rights and obligations of the participants shall be governed by the following principles:
a)
the participant may not suffer any disadvantages in his/her service or employment relationship,
b)
The insurance ratio does not affect the use of insured persons of the statutory health and pension insurance, unemployment insurance and social care insurance,
c)
the participant shall be entitled to a further payment of the remuneration, whereby the private employer shall pay the additional remuneration, including the contributions to the social and unemployment insurance scheme, and the contributions paid by the employer to the employer. social care insurance is reimbursed for a loss of more than two hours,
d)
the participant shall be granted a replacement for the default of merit, a maximum amount may be fixed,
e)
the participant shall be replaced by the necessary equipment and damage to the goods brought to the participant,
f)
during training, the protection of statutory accident insurance shall be ensured.
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§ 30 Letter of preparation

(1) Should a conscription to which the legal regulation referred to in Article 29 (2) may be applied and which is designed for the purposes of defence, including the protection of the civilian population, be applied at a given time after the entry into force of the Requirements for the safeguarding of work services (§ 3) in the scope of application of the law (§ 4) into an employment relationship, the letter of commitment can be sent after completion of the training (certificate of preparation). The determination of the point in time can be reserved for a public call in the press, in the radio or in a different kind. (2) A letter of preparation can also be sent to conscripts who voluntarily report to work (3) The addressee shall not be entitled to any disadvantages within an existing service or employment relationship, home employment relationship or any other drawback of the delivery of a holding certificate. Trade representation ratio.

3. Subsection
Special arrangements

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§ 31 Imposition of risks

After the entry of the conditions for the safeguarding of work services (§ 3), an employee is obliged to the scope of the law (§ 4), in the performance of tasks, serve the purposes of the law, insofar as according to the circumstances and to take on his personal circumstances, dangers and obstacles to himself.

Sixth Section
Final provisions

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Section 32 Violation of seizage provisions

(1) The offence is unlawful.
1.
as an employee who is obliged to work in an employment relationship or who is required to terminate his employment relationship with the approval of the Agency for work, without any recognition of reason
a)
leave his place of work or stay away from it and be intentionally or negligently absent for more than three full calendar days; or
b)
Persistently refuses to carry out a work that is carried out and reasonable for the purposes of defence, including the protection of the civilian population,
2.
as an employer who requires the approval of the Agency for work to end an employment relationship, directs or promotes a worker to an act referred to in point 1.
(2) The offence also acts as a deliberate or negligent act.
1.
an obligation pursuant to section 13 (2);
2.
Contrary to Article 24 (1), no information is provided, incorrect, incomplete or not provided in good time or does not submit documents in time, in full or in time,
3.
a notification pursuant to section 25 (1) is not required; or
4.
A training event in accordance with § 29, to which he has been obliged to leave, to leave or to stay away from it and to be intentionally or negligently absent for longer than three full calendar days.
(3) The administrative offence may be punishable by a fine. (4) The administrative authority within the meaning of Section 36 (1) (1) of the Code of Administrative Offences shall be the Agency for Work. (5) Anyone who is committing any of the acts referred to in paragraph 1 shall be shall be punishable by a custodial sentence of up to one year or a fine if the deed is appropriate for the achievement of the objectives intended to ensure the provision of work in general or on a case-by-case basis, to be appreciable damage. Unofficial table of contents

§ 33

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Section 34 Coordination and requirements

By means of a regulation, the Federal Government shall adopt provisions concerning the cooperation of the Federal Employment Agency and the unemployment insurance agency with the competent federal and state authorities in the determination and coverage of the Labour demand. It regulates how the available workers are to be distributed, if they are not sufficient to meet the needs.

Footnote

§ 34 Sentence 1 italic print: now Federal Institute for Work according to the law. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 N ° 14 G v. 23.12.2003 I 2848 mWv 1.1.2004 Unofficial table of contents

Section 35 The right to give instructions to the Federal Employment Agency and the unemployment insurance agency

(1) The Federal Ministry of Labour and Social Affairs may issue instructions for the implementation of the law of the Federal Employment Agency (Bundesagentur für Arbeitsvermittlung und unemployment insurance). The Federal Employment Agency (Bundesagentur für Arbeitsvermittlung und unemployment insurance) is responsible for the costs arising from the implementation of this law. You will be reimbursed by the federal government.

Footnote

Section 35, title and title 1 sentence 1 italic pressure: now Federal Institute for Work according to the provisions of the German Federal Employment Agency. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 N ° 15 G v. 23.12.2003 I 2848 mWv 1.1.2004
§ 35 para. 2 sentence 1 italic pressure: now Federal Labour Office in accordance with. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 N ° 15 G v. 23.12.2003 I 2848 mWv 1.1.2004 Unofficial table of contents

Section 36 Definitions

Workers within the meaning of this Act are workers and employees, including those employed for their vocational training. Unofficial table of contents

Section 37 Public service relations

To the extent that public service relations can be justified under Article 12a (3) of the Basic Law, they shall be governed by the rules applicable to the service conditions in the respective area. Unofficial table of contents

§ 38 Legal Regulation

(1) For employees of the Bundeswehr, § 7 (1), § 9 (1) and (2) and § 32 (1) (1) and (4) shall apply, with the proviso that the agency responsible for work shall be replaced by the body designated by the Federal Ministry of Defence by means of a legal regulation. (2) The Regulation does not require the approval of the Federal Council. Unofficial table of contents

Section 39 Restriction of fundamental rights

The fundamental rights of physical integrity (Article 2 (2) sentence 1 of the Basic Law), the freedom of the person (Article 2 (2) sentence 2 of the Basic Law), the free movement of persons (Article 11 (1) of the Basic Law) and the free choice of the Workplace (Article 12 (1) of the Basic Law) shall be restricted in accordance with this Act. Unofficial table of contents

Section 40 Entry into force

This law shall enter into force on the day after it is announced.