Law To Ensure Work Performed For Purposes Of Defense Including The Protection Of Civilians

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

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Act to ensure services for the purposes of defence, including protection of the civilian population (law on employment protection)

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ASG

Date of expulment: 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) "

:Last modified by Art. 3 para. 2 G v. 29.6.2015 I 1061

See Notes

Footnote

(+ + + Text credits: 1.1.1977 + + +) for more details on the stand specification. name="BJNR007870968BJNE001303308 "/>Non-Official Table of Contents

Content Summary

First section:
Basic rules
The priority of free Labor Contract§ 1
Measures to ensure work performance§ 2
Prerequisites for ensuring work performance§ 3
Scope§ 4
liberations§ 5
demarcation of military service and others Services§ 6
Second section:
Restrictions on termination of an employment relationship in the case of defence and in voltage times
Consent of the termination of an employment relationship § 7
Exceptions to the consent requirement§ 8
assent procedure§ 9
Third Section:
Commitment to an employment relationship in the case of defence and to tension times
1. Subsection:
Commitment rules
Content of commitment§ 10
 Commitment Authorities§ 11
Principles for commitment§ 12
Commitment Letter§ 13
2.Subsection: 
obligated person legal status
Content of the Duty-based employment relationship§ 14
The effect of the obligation on a working or contractual relationship in the private economy § 15
The effect of the obligation on a service or employment relationship in the public service § 16
Payment of difference amounts and replacement for representative costs and current operating expenses§ 17
3.Subsection:
Social insurance, unemployment insurance, care insurance 
General § 18
Health Insurance § 19
Accident Insurance§ 20
Pension insurance; insurance freedom and responsibility§ 21
Pension insurance; pay and contributions.§ 22
Unemployment Insurance § 23
Care Insurance § 23a
Fourth Section:
Supplemental rules
obligation to provide information§ 24
Personal presentation§ 25
The cost of the commitment and consent procedure§ 26
legal path§ 27
Fifth Section:
Special Rules
1. Subsection:
Volunteer Work relationships
Application of § § 14 to 23§ 28
 2.Subsection:
Training events, training events § 29
Ready-to-Use § 30
3. Subsection:
Special rules
 Hazards of hazards§ 31
Sixth Section:
Final specifications
Violation of Enforcement rules§ 32
(dropped) § 33
Coordination and Demand Coverage§ 34
Weisungsrecht vis-a-vis the Federal Employment Agency and Unemployment Insurance Agency§ 35
Definition§ 36
 Public Service relationships§ 37
Legal Regulation § 38
restriction of Fundamental Rights § 39
Entry into force§ 40
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input formula 

The Bundestag, with the approval of the Bundesrat, has approved the following law:

First section
Basic rules

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§ 1 priority of the free employment contract

The fundamental right of free choice of workplace (Article 12 of the Basic Law) is also applicable in times of tension and in the Defense case. 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. Non-official table of contents

§ 2 Measures to ensure work performance

For the purposes of defense, including the protection of the Civilian population can, in accordance with this law,
1.
the right to terminate the The working relationship of the completed 18. Year of life until the rule age limit is limited according to the Sixth Book of the Social Code,
2.
a conscription is obliged to work in a working relationship
3.
a woman from the completed eighteenth to the completed fifty-fifth year of life in the civil health or health care system as well as in the fixed-place military military hospital organization in an employment relationship.
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§ 3 Conditions for the Guarantee 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. Non-official table of contents

§ 4 Scope

(1) Obligations and restrictions in accordance with § 2 shall be permitted to ensure Work performance
1.
with the Bundeswehr and the allied forces,
2.
at federal, state, municipal, municipal and other legal entities of public law,
3.
in Civil Protection Associations and Institutions,
4.
in Water and Energy Supply as well as waste water and waste disposal,
5.
in hospitals and other facilities in which people in need of care are cared for,
6.
in mineral oil supply companies,
7.
in transport companies including people's businesses- and freight transport in sea and inland waterway transport,
8.
at Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG as well as with companies pursuant to § 2 (2) and (3) of the Swiss Post and Telecommunications Enforcement Act, insofar as they are required by a regulation pursuant to § 3 of the aforementioned Act,
9.
in accordance with § 31b (1) of the Aviation Act.
(2) In addition to paragraph 1, the Federal Government may, after the entry of the conditions, In order to ensure the provision of work services (§ 3) by means of a decree law, obligations and restrictions shall also be permitted in other areas within the scope of application under Article 12a (3), (4) and (6) of the Basic Law. 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. Non-official table of contents

§ 5 Liberations

(1) § 2 does not apply to
1.
severely disabled people within the meaning of § 2 para. 2 of the Ninth Book Social Code,
2.
other people whose disability reduction is not only temporarily at least 50,
3.
People who have to care for relatives or other persons in need of assistance from a legal or moral obligation, unless the necessary care is taken
4.
Members of the Supreme Constitutional Institutions of the Federation and of the Länder,
5.
Lifetime Or Time,
6.
Ordained Clerical Evangelical Confession,
7.
The spiritual Roman Catholic confession that received the subdiaconary consecration,
8.
full-time clergy of other confessions, whose office is the one of an ordained cleric evangelical or of a spiritual Roman Catholic confession, who is the (
)
2 (2) and (3) does not apply to members of the holding and staff councils.(3) Paragraph 2 (2) and (3) shall not apply to persons whose obligation would interrupt an already largely funded training section if this means an unreasonable hardship for them.(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 live with them in the home community.(5) The Federal Ministry of Labour and Social Affairs may exempt additional categories of persons from the application of § 2 (2) and (3) if the continuation of their work or vocational training is in the public interest and with the Obligation to comply with this provision. Non-official table of contents

Section 6 demarcation of military service and other services

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

Second Section
Restrictions on termination of an employment relationship in the case of defence and in Voltage Times

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§ 7 Consent requirement of termination of an employment relationship

(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

§ 8 Exceptions to the consent requirement

(1) A consent in accordance with § 7 is not required
1.
for work relationships at a specified time when the time has expired
2.
in the case of occasional services or activities against a minor charge that is not subject to the health insurance obligation.
(2) The Federal Employment Agency can To exempt workers 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. Non-official table of contents

§ 9 consent procedure

(1) The consent to the termination of an employment relationship is from the contract part, which is 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 mobile staff of sea and inland waterway transport, in urgent cases the Agency for Work is also in the district of which the ship is located.(2) The consent shall be notified in writing to both parts. 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 decision shall be submitted to the applicant.

Third Section
Committed to an employment relationship in the case of defence and in tension periods

1. Subsection
Commitment rules

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§ 10 Content of commitment

An employment relationship shall be established in the form of a commitment notice (§ 13). Non-official table of contents

§ 11 Commitment Authorities

(1) Commitment Authority is the Agency for Work. The Agency shall be responsible for work, in the district of which the establishment or service is situated, 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 shall be responsible for work in the district of which they have their permanent residence or, in the absence of such a stay, their respective residence.(2) In case of danger in default, the municipalities, in the Länder of Berlin, Bremen and Hamburg, the authorities designated by the senates, as well as the authorities of the general administration at the county level, can also fulfil obligations up to a period of three days . In this case, they shall have the tasks assigned to the Agency for Work as a Commitment Authority. Non-official table of contents

§ 12 Principles of commitment

(1) The Commitment Authority may only be allowed to work in reasonable terms of work commit. The training, professional activity, physical and mental capacities and the social and economic conditions of the person to be compulsory, as well as the particular 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 shall require the approval of the Federal Council.(2) In the case of persons who are in a service or employment relationship with the Federal Government, a country, a municipality or a community association, the obligation of prior consent of the authority responsible for personnel matters shall be subject to prior agreement. Consent can only be refused if the person has to carry out the duties of the Authority's life and defence. Non-official table of contents

§ 13 Commitment notice

(1) The commitment notice has to be named
1.
the legal basis of the commitment,
2.
the Commitment Authority,
3.
the pledge,
4.
the employer,
5.
the type of employment,
6.
the labor-related conditions,
7.
location and time of the Work entry,
8.
the expected duration of the commitment.
The letter of commitment must also provide an indication of the rules on the economic situation. and the social security of the pledge, an instruction for the right to appeal and an information to the effect that an infringement can be punished as an offence against the obligation as an offence or an offence.(2) The commitment notice 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 servant, and, in the case of home employment, to the previous adjudicating entity (intermediate master), to which they shall be responsible. at least one year has been employed exclusively or predominantly.(4) In case of danger in default, the obligation may also be issued orally or by telephone. It must be confirmed in writing immediately.

2. Subsection
Committed Person Legal Status

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§ 14 Content of the by obligation

(1) The mutual rights and obligations arising out of the employment relationship shall be governed by the conditions laid down in the establishment, the office of employment or in the corresponding establishments or departments for work of a comparable type; employers ' existing schemes for supplementary retirement and survivor's care are not applied. The employer shall reimburse the employee with the necessary expenses arising from the arrival and departure, including the removal costs, and to pay him a severance compensation.(2) The Federal Ministry of Labour and Social Affairs is authorized to adopt by means of law more detailed provisions on the conditions, the amount and extent of the compensation for separation and the replacement of removal costs. Non-official table of contents

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

(1) If a worker is obliged to work, his/her work relationship shall be based on the duration 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 must be subject to the requirements of the new employer. The employee may withhold any employee shares from the remuneration of the persons who are obliged to pay.(2) Articles 7 and 8 of the Employment Protection Act shall apply mutadenly to employees working in the home and to commercial agents. Non-official table of contents

§ 16 Influence of the obligation on a service or employment relationship in the public service

(1) becomes an official or an official In accordance with Article 9 (3) to (11) of the Employment Protection Act, paragraph 8 shall apply only to the extent that he/she is responsible for the duration of the obligation with respect to remuneration or maintenance allowance. Convocation to military exercises, and paragraph 9, insofar as it refers to § 4 (1), (2) and (4). In the case of a teacher at a private approved replacement school, which is insurance-free pursuant to Article 6 (1) (5) of the Fifth Book of Social Insurance Code, the first sentence shall apply accordingly.(2) If an employee of the public service is obliged to work in an employment 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 granted from 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 Workplace Protection Act shall apply mutas to the continuing employment relationship.(3) In respect of the remuneration, maintenance grants, allowances or remuneration to be paid under paragraphs 1 and 2, the current cash benefits paid to the employed worker shall be deducted from the employment relationship. 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. Non-official table of contents

§ 17 Payment of difference amounts and replacement for representative expenses and current operating expenses

(1) An in a Employment relationship of the Committeeter, which is not covered by § 16, insofar as his net income is reduced by the obligation within the meaning of Section 10 of the Maintenance Safeguard Act, the amount of the difference from the competent 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 dependent members of the family to the persons referred to 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 difference shall not be subject to taxes on income and income.(2) The amount of the difference shall not be paid to an undertaking which is committed to an employment relationship, its commercial operation, the operation of the agriculture and forestry sector or its self-employed activity during the undertaking. However, he/she shall be reimbursed reasonable expenses for the replacement or representative, who shall act in his place during the period of the undertaking. The current net cash benefits from the new employment relationship are to be calculated.(3) A commitment to an employment relationship, which shall not continue to be carried out by a substitute or a representative in the course of the undertaking's business, in the operation of the agricultural or forestry sector or in its own self-employed capacity, and the latter In addition to the difference referred to in paragraph 1, the operation shall be replaced by the replacement of the expenses for the rental of the place of work and for the other operating expenses as defined in the Income Tax Act, provided that the 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 Assurance Act applies accordingly to the jurisdiction and the proceedings.(5) § 23 of the Maintenance Assurance Act shall be applied with the proviso that the Federal Ministry of Labour and Social Affairs shall take the place of the Federal Ministry of Defence.

3. Subsection
Social Security, Unemployment Insurance, Care Insurance

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§ 18 General

Persons who are obliged to work in an employment relationship shall be subject to the 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 general provisions, in so far as the following provisions do not determine any deviation. Non-official table of contents

§ 19 Health Insurance

(1) Officials, teachers at private approved replacement schools, judges on the sample, and employees in the Public services, which are in the statutory health insurance free of insurance pursuant to § 6 (1) Nos. 2, 5 or 6 of the Fifth Book of Social Code, also remain insurance-free during their obligation to work, as long as they are on leave of absence or absence of remuneration in accordance with § 16 with remuneration or maintenance grant.(2) Persons who are not self-employed and who, for reasons other than those for exceeding the annual employment limit in statutory health insurance, are free of insurance, shall be included in a work relationship during their obligation shall be exempted from the insurance obligation in the statutory health insurance scheme. 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 shall issue the applicant with a certificate of exemption which must be submitted to the new employer.(3) The benefits in accordance with § 16, which exceed the current amounts of money from the employment relationship, and the difference amounts in accordance with § 17 (1) shall be deemed to be paid only in the calculation of the annual work wage limit (§ 6 para. 6 or 7 of the Fifth Book) Social Code). Non-official table of contents

§ 20 Accident Insurance

(1) The statutory accident insurance applies during the obligation to a work relationship as the annual earnings of a insured person who had already been insured at the time of his obligation, the annual work service, which was the last in the insurance undertaking before the undertaking, if it is more favourable to the person entitled to work.(2) If a person who is otherwise insured under the law of civil service law or principles is insured during his/her obligation in an employment relationship an insurance case, § 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. Non-official table of contents

§ 21 Pension Insurance Insurance Freedom and Responsibility

(1) In the statutory pension insurance, the following are: the obligation to enter into an employment relationship also actuarial
1.
persons who at the time of their Obligation on an unselfemployed basis and, according to § 5 (1) of the Sixth Book of the Social Code, exempt from insurance or on request from the insurance obligation in the pension insurance in accordance with § 6 of the Sixth Book of Social Code ,
2.
Persons who, at the time of their obligation, become self-employed persons on the basis of a law-based or law-based obligation of a public-law insurance institution or a supply facility of their professional group,
3.
persons who only prior to the obligation (
)
persons who, at the time of their obligation, are covered by the statutory pension insurance in the statutory pension insurance scheme. , it does not change during the obligation to belong to the branch of the statutory pension insurance, unless they exercise, on the basis of the obligation, an employment other than previously held in the crunchable Pension insurance is to be insured. Non-official table of contents

§ 22 Pension insurance charges and contributions

(1) For persons who have a working relationship during their obligation to work in of the statutory pension insurance, the benefits in accordance with § 16, which exceed the current cash benefits from the employment relationship, and the difference amounts in accordance with § 17 (1) as remuneration if these persons are already covered by the statutory pension insurance at the time of their obligation under the statutory pension insurance scheme. Set 1 does not apply to craftspeople who are registered in the craft.(2) The previous Dienstherr or employer and the insured bear for the services in accordance with § 16, which exceed the current monetary deductions from the employment relationship, the compulsory contributions to the general pension insurance per half and the Compulsory contributions to the pension insurance scheme in accordance with the relationship defined for this purpose in the Sixth Book of the Social Code. The compulsory contributions to the difference amounts pursuant to section 17 (1) shall be borne by the Federal Government.(3) and (4) Unofficial table of contents

§ 23 Unemployment insurance

(1) Persons who are directly involved in an employment relationship before the obligation were not employed as employees or not in their vocational education and training, but also remain free of insurance during their commitment to employment.(2) In the assessment of the contribution to the Federal Employment Agency and the unemployment insurance agency, the benefits are not taken into account in accordance with § § 16 and 17.(3) If a worker is obliged to work in a working relationship, he/she may not suffer any disadvantage in the event of unemployment in respect of the level of unemployment benefits. 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 impact of the sentence 1 shall be borne by the Federal Government.(4)

Footnote

§ 23 para. 2 italic print: now Federal Institute for Work in accordance with. § 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
§ 23 para. 3 sentence 2 u. 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 Non-official table of contents

§ 23a Nursing care insurance

§ 61 of the Eleventh Book of Social Code is subject to the following conditions: , the employer or employer of the public service who has to pay further in accordance with § 16 remuneration, maintenance allowance or remuneration, and the new employer, the contribution grant pro rata according to the amount of the respectively to be paid

Fourth Section
Complementary Provisions

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§ 24 obligation to provide information

(1) conscripts and women who can be required to work in an employment relationship have the work of the agency on request To provide and verify information necessary for the implementation of the law. The same obligation has to be made by public law and employer. They have to inform the operational or staff council before the information is issued.(2) The person responsible for providing information may refuse to provide information on such matters, the answer to which he or she himself or one of the members of the risk judicial system referred to in section 383 (1) to (3) of the Code of Civil Procedure of the Civil Procedure It would suspend prosecution or proceedings in accordance with the Code of Administrative Offences.The knowledge and documents obtained in accordance with paragraph 1 shall not be used for a tax procedure, a criminal procedure for a tax offence or a fine on the grounds of non-tax lawfulness. 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. Non-official table of contents

§ 25 Personal performance

(1) After entry of the conditions for the provision of work services (§ 3) Conscripts which can be obliged to work in a working 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 a risk.(2) Following the entry into force of the conditions for the provision of work services (§ 3), the persons referred to in paragraph 1 shall be obliged to arrange for work to establish their physical fitness and mental health. to allow medical and technical examination to be examined and to be subject to medical examination measures, in so far as such investigations and measures are necessary to establish the employability of a worker; and are common.(3) The Agency for Work may order the presentation of a person who does not follow a request to present himself or to have a medical examination without sufficient reason.(4) For the working time resulting from the obligations referred to in paragraphs 1 and 2, the employer 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 employer, employer or principal (intermediate master), and in the case of a request referred to in the second sentence of paragraph 1, the second half-sentence shall be submitted to the person responsible for the to inform the person immediately. Non-official table of contents

§ 26 Cost of the commitment and consent procedure

The procedure before the agency for work is free of charge. Any necessary outlays, which have been incurred by a person through the procedure, will be reimbursed to 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), and 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 print: 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 Non-official table of contents

§ 27 Legal Way

(1) For litigation on measures under this Act or any other Legal regulation based on this law is the administrative right.(2) The appeal and the action of appeal do not have suspensive effect.(3) Paragraph 2 shall not apply to litigation concerning benefits under Section 17 of this Act.

Fifth Section
Special Rules

1.
Subsection Volunteer Work relationships

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§ 28 Application of § § 14 to 23

After entry of the conditions for the securing of work services (§ 3) within the scope of the law (§ 4) voluntarily a work relationship is established, into which a conscription could be obliged, so the agency can work for work , at the request of the employee, order that the provisions of Sections 14 to 23a shall apply. 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 para. 3 and 4 apply analogously to the arrangement.

2. Subsection
Training Events Ready to Cure

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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 per year.(2) The Federal Government may determine, by means of legal regulation
1.
, for which the provisions referred to in paragraph 1 Tasks Training events can be carried out,
2.
Determine the institution of the training and regulate the cost of the training,
3.
the procedure in the obligation to participate in training events and
4.
the rights and obligations of the participants shall be governed by the following principles:
a)
The participant may in his or her
b)
The use of insured persons in the statutory health and pension insurance as well as of the insurance companies. Unemployment insurance and social care insurance does not affect the insurance relationship,
c)
The participant is entitled to a further payment of the Pay for work pay, whereby the private employer is responsible for the continuing pay, including contributions to social and unemployment insurance and social care insurance for a failure of the employer. more than two hours,
d)
The participant shall be granted a replacement for the default of earnings, with a maximum amount being fixed
e)
The participant must be replaced by the necessary equipment and damage to the items brought to it,
f)
during training, to ensure the protection of statutory accident insurance.
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§ 30 certificate of preparation

(1) Should a conscription be able to apply the legal decree referred to in § 29 (2), and for the purposes of the Defence, including the protection of the civilian population, is formed, at a certain point in time after the conditions for ensuring the provision of work services (§ 3) within the scope of the law (§ 4) into a If an employment relationship is required, the letter of commitment may be sent after completion of the training (certificate of preparation for the preparation of the contract). The determination of the point in time may be reserved for a public call in the press, in broadcasting or in any other way.(2) A certificate of preparation may also be sent to conscripts who have volunteered to provide work services, in order to ensure that they are subject to obligations.(3) The recipient shall not be able to suffer any disadvantages within an existing service or employment relationship, home employment relationship or commercial agency relationship from the delivery of a holding certificate. name="BJNR007870968BJNG001100319 " />

3. Subsection
Special Rules

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§ 31 Rising risk

After the prerequisites have been met, the the safeguarding of work services (§ 3) is an employee within the scope of the law (§ 4) obligated, in the performance of tasks, to serve the purposes of the law, as far as according to the circumstances and his personal circumstances

Sixth Section
Final Provisions

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§ 32 violation of security regulations

(1) "contrary to law", who is
1.
as an employee who is committed to an employment relationship or to end his or her work employment relationship requires the approval of the Agency for work, without any significant reason
a)
its Leaving work place or staying away from it and being intentionally or negligently absent for more than three full calendar days, or
b)
persistently refusing to do so to carry out work carried out and to be reasonably expected to serve the purposes of defence, including the protection of the civilian population
2.
as an employer who shall Termination of an employment relationship requires the approval of the Agency for work, leads or promotes a worker to an act in accordance with point 1.
(2) An administrative offence is also responsible for who intentionally or negligently
1.
rebutted to an edition in accordance with § 13 paragraph 2,
2.
contrary to § 24 paragraph 1, an information is not, inaccurate, incomplete or not timely, or documents not, not complete or not in good time ,
3.
leaves a message in accordance with § 25 (1) or
4.
Training event according to § 29, to which he has been obligated to leave, leave or stay away with intent or negligence for longer than three full calendar days.
(3) The administrative offence can be punished with 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) Those who commit any of the acts referred to in paragraph 1 shall be punished with imprisonment of up to one year or a fine if the deed is appropriate, the achievement of the objectives to which the safeguarding of work benefits in general or intended to be used in individual cases, to be appreciably affected. Nonofficial table of contents

§ 33

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§ 34 Coordination and demand cover

The Federal Government shall adopt by means of law provisions on cooperation between the Federal Employment Agency and the unemployment insurance agency with the technical competent federal and state authorities in identifying and covering the needs of the labour force. It regulates how the available workers are to be distributed, if they are not sufficient to meet the requirements.

Footnote

§ 34 Sentence 1 italic print: Now Federal Institute for Work in accordance with the provisions of the German Federal Employment Agency. § 243 AFG 810-1; "Bundesanstalt" (Bundesanstalt) replaced by "Bundesagentur" (Federal Agency) in accordance with Art. 76 No. 14 G v. 23.12.2003 I 2848 mWv 1.1.2004 Non-official table of contents

§ 35 Weisungsrecht vis-a-vis the Federal Employment Agency and Unemployment insurance

(1) The Federal Ministry of Labour and Social Affairs can issue instructions for the implementation of the law of the Federal Employment Agency (Bundesagentur für Arbeitsvermittlung und unemployment insurance). In this respect, he also carries out the service supervision.(2) The Federal Employment Agency and the unemployment insurance agency shall bear the costs incurred by the Federal Agency for the implementation of this law. You will be reimbursed by the federal government.

Footnote

§ 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 Institute for Work according to the law of the Federal Republic of Germany. § 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 Non-official table of contents

§ 36 Definition

Workers within the meaning of this Act are manual workers and employees including those employed for their vocational training. Unofficial Table Of Contents

§ 37 Public Service Relationships

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

§ 38 Legal regulation

(1) For employees of the Bundeswehr, § 7 (1), § 9 (1) and (2) and § 32 (1) (1) (1) and (4) with the proviso that the agency responsible for work shall replace the agency designated by the Federal Ministry of Defence by means of a decree-law.(2) The Legal Regulation does not require the consent of the Federal Council. Unofficial table of contents

§ 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 freedom of movement (Article 11 (1) of the Basic Law) and the free choice of the job (Article 12 (1) of the Basic Law) shall be subject to the conditions laid down in this Act restricted. Non-official table of contents

§ 40 Entry into force

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