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Law to ensure work performed for purposes of Defense including the protection of civilians (work guarantee Act) ASG Ausfertigung date: 09.07.1968 full quotation: "work guarantee Act of 9 July 1968 (BGBl. I S. 787), most recently by article 3 paragraph 2 of the Act of June 29, 2015 (BGBl. I p. 1061) is has been modified" stand: last amended by art. 3 par. 2 G v. 29.6.2015 I 1061 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 1.1.1977 +++) table of contents first section: basic rules priority of free employment contract § 1 actions ensure work services § 2 prerequisites for ensuring work article 3 scope of application article 4 exemptions § 5 opposed to military service and other services § 6 second section: restriction for termination of employment in the defence case and voltage times approval means of the termination of an employment relationship article 7 exceptions to the consent means section 8 approval procedure § 9 third section : Commitment contracts in the defense case and voltage times 1 subsection: commitment rules content § 10 obligation commitment authorities § 11 principles governing the obligation of article 12 obligation decision article 13 2. subsection: legal status of the debtor content of employment established by obligation, § 14 influence of the obligation on a work or contract relationship in the private sector section 15 influence of the obligation on a service or employment in the public service 16 payment difference amounts and replacement for agent costs and ongoing operating expenses article 17 3. subsection : Social security, unemployment insurance, long-term care insurance General § 18 health insurance article 19 § 20 accident insurance pension insurance; Insurance freedom and responsibilities § 21 pension insurance; Fees and contributions.
Section 22 unemployment insurance article 23 care insurance § 23a fourth section: supplementary provisions accountability section 24 personal introduction § 25 cost of the commitment and approval procedure § 26 recourse § 27 fifth section: special provisions 1. subsection: voluntarily application of sections 14 to 23 § 28 employment established under section 2: training events, training events section 29 keep letter § 30 3. subsection: special imposition of hazards section 31 sixth section: final provisions violation of safety rules § 32 (dropped out) § 33 coordination and covers section 34 authority to the Federal Agency for employment services and unemployment insurance § 35 definition section 36 public service conditions § 37
Ordinance section 38 restriction of fundamental rights article 39 entry into force § 40 input formula the Bundestag has decided with the consent of the Federal Council the following law: first section general rules section 1 priority of free employment contract the basic right of free choice of employment (article 12 of the Basic Law) applies even in times of stress and in the defense case. Only use may be made of the requirement powers regulated in § 2, if and as far as the work listed in that provision on the basis of voluntariness can be ensured.
§ 2 may be limited according to the provisions of this Act 1 the right to the termination of employment of 18 years of age until attaining the age after the sixth book of the social code measures ensuring services for purposes of Defense including the protection of the civilian population, 2. a conscript in an employment relationship are required, 3. a woman from the consummate eighteenth up to eighteen years of age in the civilian public health or medical system, as well as in the stationary military hospital organisation in an employment relationship should be required.
§ 3 conditions for ensuring labor restrictions and obligations under section 2 are allowed in the defense case. Restrictions and obligations according to § 2 No. 1 and 2 also are accordance with Article 12a paragraph 5 sentence 1 and paragraph 6 sentence 2 of the basic law allowed. The commitment to training activities (section 29) is also permitted if the requirements of in sentences 1 and 2 are not met.
§ 4 scope of application (1) obligations and restrictions referred to in paragraph 2 are permitted to ensure work performed 1st in the Bundeswehr and allied forces, 2. with services of federal, the States, the associations of municipalities, the municipalities and of other legal persons of governed by public law, 3. associations and institutions of civil protection, 4 in operations of water and energy supply as well as wastewater and waste disposal , 5 in hospitals and other institutions where elderly people are looked after, 6 in enterprises of the oil supply, 7 in transport companies including company of passenger and goods transport industry in the maritime and inland waterway transport, are 8 at Deutsche Post AG, Deutsche Postbank AG and Deutsche Telekom AG, as well as for companies according to § 2 No. 2 and 3 of the postal and telecommunications back-up Act, insofar as it due to a legal regulation according to § 3 of the aforementioned Act obliges , 9 at the according to § 31b para 1 of the air transport Act instructed air traffic control organisation.
(2) of paragraph 1, the Federal Government can determine after the occurrence of the conditions to ensure the provision of services (section 3) by means of an Ordinance, that obligations and restrictions in other areas within the scope allowed para 3, 4 and 6 of the basic law referred to in Article 12a. The Decree may also restrict the scope or delineate. The Federal Government has to repeal the decree if the Bundestag demanded it.
§ 5 exemptions (1) section 2 applies not for 1 severely disabled within the meaning of § 2 para 2 of the ninth book of the social code, 2 other persons, their disability or their degree of injury consequences not only on a temporary basis is at least 50, people, the needy family members or other people in need have 3 legal or moral obligation to maintain, unless, of course, that the necessary care is guaranteed , 4 members of Supreme Constitutional organs of the Federal and State Governments, 5 judges for life or time, 6 ordained clergy of Evangelical confession, 7 clergy of Roman Catholic confession, received the Sub diaconate ordination, 8 full-time clergy of other confessions, their AMT of the an ordained clergyman is Protestant or a spiritual of Roman Catholic confession, having received the Sub diaconate ordination, do.
(2) No. 2 and 3 does not apply to members of the operation and staff councils § 2.
(3) No. 2 and 3 does not apply to persons whose Verpflichtung would disrupt an already largely funded training section if this means an unreasonable hardness for them § 2.
(4) No. 1 and 3 does not apply section 2 women from the beginning of pregnancy to up to four months after childbirth, as well as women with a child under 15 years of age who lives with them in the same household.
(5) the Federal Ministry of labour and Social Affairs may exempt more groups Nos. 2 and 3 by regulation from the application of § 2, if the continuation of their activities or vocational training in the public interest and is incompatible with the obligation under this provision.
§ 6 deferred to military service and other services that commitment to service in the armed forces, in the Federal Border Guard, in a civil defence organisation and in the civil service before a measure to ensure work performed pursuant to section 2. Articles 13 and 13a of the compulsory military service act and §§ 14 and 16 of the Civil Service Act remain unaffected.
Second section limit for termination of employment in the defence case and voltage times article 7 consent means of the termination of an employment relationship (1) workers and private employers within the scope of the Act (section 4) require after the occurrence of the conditions to ensure the provision of services (section 3) for termination of employment of the approval of the employment agency. The employment agency has to agree to the termination, provided that they ensure is unaffected by labor or the continuation of the employment relationship is unacceptable. section 1 must be observed.
(2) by the approval is not decided legal permission of the termination of employment.
Article 8 exceptions to the consent means (1) a consent pursuant to § 7 is not required 1 in working conditions on certain time, when the time has expired, 2. occasional services or jobs for a minor fee, which is not subject to the mandatory health insurance.
(2) the Federal agency may exempt workers and employers of certain establishments and areas from the obligation, to obtain the approval of the employment agency before solution of employment. The exemption is in writing notify the employer and the Works Council (HR Council). The employer has workers operating companies way to advertise. The exemption may be limited and issued for certain operating divisions; It is revoked at any time.
§ 9 assent procedure (1) consent to the termination of employment is by the contracting party who intends terminating at the employment agency in writing to request, in whose district is its service or its operation; for the travelling personnel of maritime and inland waterway transport also is the Agency for work in urgent cases, the ship is located in the district.
(2) the approval shall be communicated in writing to both parts. She considered granted if the rejection of the request within two weeks, in the case of extraordinary termination within one week after its arrival at the employment agency has gone to the applicant.
(3) if the application is refused, the decision to place the applicant is.
Third section obligation in an employment relationship in the defence case and voltage times 1 obligation provisions § 10 subsection content which is a commitment by the commitment decision (§ 13) a relationship established.
§ 11 commitment authorities (1) commitment authority is the Agency for work. The Agency, whose district lies in the operating or service, in is committed to mandatory is jurisdiction. For the travelling personnel of maritime and inland waterway transport also is the Agency for work in urgent cases, the ship is located in the district. For cross-border workers and no workers the employment agency is responsible, in whose district it their permanent residence or the absence of such have their respective residence.
(2) in the case of danger in delay, the communities in the States of Berlin, Bremen and Hamburg the positions of the Senates, as well as the authorities of the General Administration at the district level can perform obligations up to a period of three days. In this case, they have the tasks related to the employment agency as a commitment authority.
Principles for requiring (1) commitment authority should undertake § 12 persons only in reasonable working conditions. Where are training, professional activity, to take into account the physical and mental abilities and the social and economic circumstances of the person to compulsory, as well as the particular conditions of the workplace. section 1 must be observed. The concerns of the previous employer is possible to take into account. The Federal Ministry of labour and Social Affairs may issue general regulations for this purpose; they require the consent of the Federal Council for the commitment authorities referred to in article 11, paragraph 2.
(2) in the case of persons who are in a service or employment relationship with the Federal Government, a country, a municipality or a municipal Association, requires the obligation of prior consent of the authority responsible for personnel matters. The consent may be refused only if the person to perceive life and defence of important functions of the authority.
Article 13 obligation decision (1) the obligation of notification has to (1) means the legal basis of the obligation, 2. the commitment authority, 3. the debtor, 4. the employer, 5. the type of employment, 6 conditions essential for employment, 7 place and time of the commencement of work, 8 the estimated duration of the commitment.
The commitment decision must also include a notice on the rules for the economic and social protection of the debtor, an appeal and a briefing about that an infringement of the obligation as a misdemeanor or crime can be punished.
(2) the notice of the obligation may include requirements for the employer, in particular for the protection of the debtor.
(3) the commitment decision is to grant writing and workers and employers, as well as the previous employer or employer and, in work at home employed to deliver the previous principal (intermediate champions), at least a year exclusively or predominantly has occupied it.
(4) in the case of danger in delay, the obligation may be pronounced also orally or by telephone. She must be confirmed immediately in writing.
2. subsection legal position of the debtor § 14 content of the employment relationship (1) justified by the obligation the mutual rights and obligations of employment are based on the conditions that are common in the operation, in the Office or in appropriate establishments or departments for work performed of similar kind; existing employer an additional old-age and survivor's pension arrangements are not applied. The employer has to refund arising from the arrival and departure necessary expenses including the cost of moving the employee and to pay him a separate compensation.
(2) the Federal Ministry of labour and Social Affairs is authorised to adopt further provisions about requirements, height and extent of separation compensation and the reimbursement of relocation expenses by means of an Ordinance.
§ 15 influence of the commitment on an employment or contractual relationship in the private sector (1) an employee in an employment relationship will be required, so his previous employment relationship rests during the duration of the commitment. Article 1, par. 4 and 5, paragraphs 2, 3 and 4 para 1 sentence 1, paragraph 2 to 4, §§ 6, 12 para 1, § 13, 14a para. 3 and 6 and § 14 b paragraphs 1 and 5 of the workplace protection act shall apply mutatis mutandis; However, 14b (1) and 5 apply subject to the proviso that the new employer is subject to a refund § 14a para. 3 and 6 and §. This may withhold any employee share of the remuneration of the obligated persons.
(2) for in work at home employees and the paragraphs 7 and 8 of the workplace protection act shall apply for commercial agents.
§ 16 influence of the obligation on a service or employment in the public service (1) is an official, obliges a judge to test in an employment relationship, it is so for the duration of the commitment with emoluments or maintenance allowance on leave; § 9 para 3 to 11 of the workplace protection law also applies paragraph 8 only insofar as it relates to the call-up to active duty training, and paragraph 9, insofar as it refers to article 4, paragraph 1, 2 and 4. Rate applies for a teacher at a private school of approved replacement, which is insurance-free according to § 6 para 1 No. 5 of the fifth book of the social code, 1.
(2) an employee of the public service in an employment relationship an obligation the employer of continuing employment for the duration of the obligation to continue paying the wage has. After the end of the commitment, the pay is to continue to pay, as long as sickness benefit from the statutory health insurance or corresponding benefits under the statutory accident insurance are granted; overall, workers with disability may no longer receive than he would receive if he would not have been obliged in an employment relationship. Article 1, paragraph 1, 4 and 5, paragraphs 2, 3, 4 para 1 to 4, §§ 6, 12 apply to continuing employment, 13 and 14a para. 1 of the jobs protection act according to.
(3) counted towards the pursuant to paragraphs 1 and 2 of continue to be granted remuneration, maintenance grants, allowances or remuneration you are granted running money withdrawals from the employment relationship the committed workers. Sickness benefit from the statutory health insurance, corresponding benefits under the statutory accident insurance, short-time money and the Schlechtwettergeld are these cash withdrawals equal to that.
§ 17 goodwill and replacement for agent costs and ongoing operating expenses (1) an in an employment of contractors, which falls under section 16 receives payment, as far as is reduces the difference by the competent maintenance backup authority at the expense of the Federal Government; his net income within the meaning of § 10 of the maintenance Safety Act by the obligation, This is also after the end of the obligation to continue to pay, as long as sickness benefit from the statutory health insurance or corresponding benefits under the statutory accident insurance are granted; § 16 para 2 sentence 2 second half-sentence, shall apply mutatis mutandis. The difference may together with the ongoing net cash withdrawals from the new employment relationship the calendar day of the obligation for debtor with family dependants letter maintenance backup a particular in § 13 para 4 maximum amount and for the other debtor in § 13 para 4 point (b) of the maintenance assurance Act certain maximum amount each no more than around 135 per cent exceed the. The difference is subject to not tax the income and earnings.
(2) a contractors in an employment relationship, its commercial operation, operation of agriculture and forestry or self-employment during the commitment will continue, does not receive the amount of the difference. However reasonable expenses for replacement forces or representatives shall reimburse him, that act in his place for the duration of the obligation. The ongoing net cash remuneration from the new employment relationship are to be.
(3) an in an employment of contractors, which can continue its commercial operation, operation of agriculture and forestry or his self-employment during the obligation by a replacement force or a representative and its operation rests, receives in addition to the amount of the difference referred to in paragraph 1 reimbursement of the expenses for rent of professional site as well as for other operational expenditure within the meaning of the income tax Act, unless he can prove continuous payment obligations for the duration of the commitment.
(4) the services are granted pursuant to paragraphs 1 to 3. The third party applies to the jurisdiction and the procedure section of the maintenance assurance act according to.
(5) section 23 of the Act of maintenance assurance is applied with the proviso that the Federal Ministry of labour and Social Affairs takes the place of the Ministry of defence.
3. subsection social security, unemployment insurance, nursing care insurance section 18 General who are obliged in an employment relationship are subject to the insurance requirement in the statutory health, accident and pension insurance, unemployment insurance and social long-term care insurance in accordance with the General provisions, unless the following provisions determine otherwise.
Article 19 (1) officials, spare schools approved private teacher, judge on trial and workers in the public service, which on the basis of § 6 para 1 No. 2, 5 or 6 of the fifth book the social law in the statutory health insurance are insurance free, remain health insurance during its obligations in an employment relationship insurance free, as long as according to § 16 with emoluments or maintenance grant are on leave or continue to receive their pay.
(2) persons who are not employed and for reasons other than because of exceeding the year working fee limit in the statutory health insurance insurance free, be free during its obligations in an employment relationship at their request from compulsory insurance statutory health insurance. The liberation looks on from the beginning of the obligation if the application is, otherwise made by the receipt of the application within one month after that date. The competent sickness fund decides on the application. She has to exhibit a certificate of exemption to the applicant, which must be presented to the new employer.
(3) the services according to § 16, exceeding the current money withdrawals from the employment relationship, and the differential amounts pursuant to § 17 para 1 be considered as payment only when calculating the year working charge limit (§ 6 section 6 or 7 of the fifth book of the social code).
Article 20 accident insurance (1) in the statutory accident insurance the year earnings authoritative in the insurance is considered during the commitment in an employment relationship annual earnings of an insured who at the time was already assured its commitment last before the obligation, if it is more favourable to the beneficiary.
(2) someone else accident care is guaranteed after bibliographical rules or principles, while section 61 (1) and § 82 par. 4 of the seventh book social law with the proviso that the year earnings calculated according to § 82 par. 1 and 2 of the seventh book of the social code, if it is more favourable to the beneficiaries an insured event, its obligations in an employment relationship suffers.
§ 21 pension insurance freedom and responsibility (1) in the statutory pension insurance are during the commitment in an employment insurance free 1 persons who employed employed and according to § 5 ABS. 1 of the sixth book of the social code are insurance free or free on request from the insurance requirement in the pension insurance pursuant to section 6 of the sixth book of the social code at the time of their commitment, 2. persons, who at the time of their commitment as self-employed under a mandated by law or based on law obligation member of a public service insurance institution or Utility of their profession are, 3 persons, that the obligation under the Act on the pension of farmers were only resident and still are.
(2) for persons who are compulsorily insured at the time of its obligations in an employment relationship in the statutory pension insurance, belonging to the branch of the statutory pension insurance does not change during the obligation, unless that they exercise an employment on the basis of the commitment, which is different than so far in the miners pensions insurance to insure.
Section 22 pension insurance fees and contributions (1) persons who are compulsorily insured during its obligations in an employment relationship in the statutory pension insurance, are also the services according to § 16, exceeding the current money withdrawals from the employment relationship, and the differences according to § 17 para 1 as pay, if these persons have already been insured at the time of their commitment in the statutory pension insurance. For craftsmen who are registered in the role of craft, sentence 1 not apply.
(2) wear insured the previous employer or employers, and the for the services according to § 16, exceeding the current money withdrawals from the employment relationship, the mandatory contributions to the general pension insurance half and compulsory contributions to the miners pensions insurance the relationship designated in the sixth book of the social code. The Federal Government is compulsory contributions attributable to the differential amounts pursuant to § 17 para 1.
§ 23 unemployment insurance (1) stay (3) and (4) persons who were directly in front of the obligation in an employment relationship not as an employee or employed not for their vocational training, even during their obligation in an employment insurance-free.
(2) the services are not considered in calculating the contribution to the Federal Agency for employment services and unemployment insurance according to §§ 16 and 17.
(3) If an employee in an employment relationship is obliged, so no disadvantage may arise in the event of unemployment with regard to the level of unemployment him. The more determined the Federal Agency for employment services and unemployment insurance with the approval of the Federal Ministry of labour and Social Affairs. The Federal Government contributes additional expenses incurred by the Federal Agency in effect of sentence 1.
(4) the footnote section 23 para 2 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" article 7 G v. 23.12.2003 replaced by 'Federal agency' com. I 2848 76 no mWv renewals section 23, paragraph 3, sentence 2 & 3 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" replaced by "Federal Agency" according article 76 No. 7 G v. 23.12.2003 I 2848 mWv 1.1.2004 § 23a care insurance § 61 of the eleventh book of the social code is with the proviso apply, that the employer or the employer of the public service, to pay salaries, maintenance allowance or remuneration according to section 16 has, and the new employer contribution grant pro rata according to the amount of remuneration to be awarded , Have to pay maintenance grants and wages.
Fourth section supplementary provisions article 24 information disclosure (1) conscripts and women who may be required in an employment relationship, have to provide the information the Agency for work on request and to prove, that are required for the implementation of the Act. Masters of public law and employer have the same obligation they have to teach the operating or staff Council to supply the information.
(2) the obligated party for issuing a report providing information on such questions, may refuse the answer himself or an expose of the Nos. 1 to 3 of the code of civil procedure referred to members of the danger of criminal prosecution or proceedings would in section 383, paragraph 1 according to the law of administrative offences.
(3) the knowledge obtained pursuant to paragraph 1 and documents is not allowed for a taxation, a criminal case due to a Steuerstraftat or a fine proceedings a tax offence because of. The provisions of § ABS. 5 in conjunction with article 105, paragraph 1, and article 116, paragraph 1, of the tax code do not apply section 93, 97, 105 para 1, § 111 in that regard.
§ 25 personal presentation (1) after entry the requirements to ensure the provision of services (section 3) conscripts, which may be required in an employment relationship must, log on to prompt the employment agency or imagine. The invitation is issued in writing; She may be in danger in delay also orally, by telephone or by public call in the press, the broadcasting or other kind.
(2) after the occurrence of the conditions to ensure the provision of services (section 3) the persons referred to in paragraph 1 are obliged to order the Agency to determine their physical fitness and mental performance, medical and professional psychological study to leave and this medical investigation measures to allow, as far as these are necessary and usual investigations and measures for determining a worker's employability.
(3) the Agency may order the presentation of a person, that a prompt to imagine or to be examined by a doctor, does not follow without sufficient reason.
(4) for falling through the obligations under paragraphs 1 and 2 hours of work, the employer or employer has continued to pay the salaries or pay. The same is true when in work at home employees for the client or, if she employed by an intermediate master are for the intermediate champions, at least a year exclusively or predominantly has occupied them. The person charged by the employment agency has to inform set 2 second half-sentence that person immediately in the case of a request referred to in paragraph 1, immediately submit the written charge to their employer, their employer or their principal (intermediate champions).
§ 26 cost of the commitment and approval procedure the procedure before the Agency is free of charge. Necessary expenses incurred by a person through the process, will be reimbursed her the employment agency. According to § 25 paragraph 2, the Agency takes over the costs of the investigations. The employment agency on behalf of the Federal frontier workers, replaced in work at home employees as well as self-employed insofar as they are not covered by article 25, paragraph 4, the loss of earnings; the provisions of the Justizvergütungs-and Compensation Act apply mutatis mutandis. These expenses will be reimbursed to the Federal Agency for employment services and unemployment insurance from the Federal Government.
Footnote 26, set 5 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" replaced by "Federal Agency" according article 76 No. 10 book. e G v. 23.12.2003 I 2848 mWv renewals section 27 (1) legal disputes concerning measures under this Act or the way of administrative law is a law-based regulation.
(2) opposition and legal challenge have no suspensive effect.
(3) paragraph 2 does not apply to disputes concerning services according to § 17 of this Act.
Fifth section special rules 1 application of sections 14 to 23 will voluntarily subsection reasonable working conditions section 28 after the occurrence of the conditions for the provision of labour services (§ 3) in the scope of application of the law (§ 4) voluntarily established a working relationship, could be required in the a conscript so the Agency at the request of the employee may arrange the sections 14 to 23a are applicable. Should, be not complied with until the previous employment relationship exists, the request if contrary to the former employer and the arrangement for him would have an unreasonable burden resulted. § 11 and 13 para 3 and 4 for the arrangement, the section shall apply mutatis mutandis.
2. subsection training events keep decision section 29 training events (1) conscripts who after the occurrence of the conditions to ensure the provision of services (section 3) in the scope of application of the Act (section 4) for a task that requires special knowledge and skills, to be used may be required to training events. The priority of voluntary (section 1) shall apply mutatis mutandis. The initial training may 28 days, repeat events shall not exceed 14 days per year.
(2) the Federal Government can by regulation 1 determine for which of the tasks referred to in paragraph 1 training sessions can be organised, 2. determine the winners of the education and the expenses borne govern, 3. regulate the procedure at the obligation to participate in training sessions and 4. regulate the rights and obligations of participants according to following principles: a) the participants may not be no disadvantage in his service or employment relationship , b) recourse to insured persons of the statutory health and pension insurance and unemployment insurance and social care insurance touched the insurance contract does not, c) the participants entitled to continue pay is to grant paid further pay including the contributions by the employer to social and unemployment insurance, as well as to the social long-term care insurance for a loss of more than two hours will be reimbursed the private employer , d) the participant is to grant, a replacement of earnings which may be subject to a maximum amount, e) the participants are the necessary expenses and put with damage to things to replace, f) training the protection of statutory accident insurance is to make sure.
Article 30 a conscript of the decree referred to in section 29, paragraph 2 can be applied and which is trained for purposes of Defense including the protection of civilians should be required at a certain time after the occurrence of the conditions to ensure the provision of labour services (§ 3) within the scope of the Act (section 4) in an employment relationship keep decision (1), so the commitment decision after completion of the training can be placed (keep decision). The determination of the moment can be reserved to a public call in the press, the broadcasting or other kind.
(2) a notice of availability can be placed also conscripts, who have volunteered to work services, ensuring their commitments can be made.
(3) from the delivery of a keep decision not within an existing service or employment, home employment or trade representative relationship may disadvantage the receiver.
3. subsection an employee within the scope of the Act (section 4) imposition of threats after the occurrence of the conditions for the provision of services (article 3) is committed special provisions article 31 for the accomplishment of tasks, serve the purposes of the Act, reasonable as far as according to the circumstances and his personal circumstances, to take risks and difficulties on their.
(Sixth violation of safety rules (1) any person is section final provisions § 32, who is 1 as an employee who commits in an employment relationship or to the termination of his employment of the approval of the employment agency requires no commendable reason a) his job leaves or is absent from her, and is intentionally or negligently longer than three full calendar days absent or b) has persistently refused, one he applied and reasonable work to do , the purposes of the defence including the protection of the civilian population serves 2 as an employer, which is required, directs a worker to an act referred to in point 1 or promotes it to the termination of employment of the approval of the employment agency.
(2) any person that is not also, who violates intentionally or negligently 1 a circulation according to § 13 para 2, 2. contrary to article 24, paragraph 1 information inaccurate, incomplete or not in time granted or submit documents not, not fully or not in a timely manner, 3. neglects a message according to § 25 para 1 or 4 leaves a training event section 29, to which he's been committed, or stay away from her and is intentionally or negligently longer than three full calendar days absent.
(3) the offence can be punished with a fine.
(4) administrative authority no. 1 of the code of administrative offences is the Agency for work within the meaning of § 36 para 1.
(5) a person who commits any of the acts referred to in paragraph 1, is punishable by up to one year or, if the Act is appropriate, objectives, ensuring from labor to serve in general or in a particular case determines which is punished with fines, noticeably compromising.
§ 33 - article 34 coordination and needs adopts the Federal Government relating to the cooperation of the Federal Agency for employment services and unemployment insurance Ordinance with professionally competent federal and regional authorities in the establishment and manpower needs. This governs how the available workers are distributed, if this is not enough to meet the demand.
Footnote section 34 sentence 1 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" replaced by "Federal Agency" according article 76 No. 14 G v. 23.12.2003 I 2848 mWv 1.1.2004 § 35 right of instruction to the Federal Agency for employment services and unemployment insurance (1) the Federal Ministry of labour and Social Affairs may on the implementation of the law of the Federal Agency for employment and unemployment grant instructions. He leads in this respect also the service supervision.
(2) the Federal Agency for employment services and unemployment insurance assumes you from performing this Act costs. You shall reimburse by the Federal Government.
§ 35 heading and paragraph 1 sentence 1 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" article replaced by 'Federal agency' com. I 2848 15 G v. 23.12.2003 76 no mWv renewals section 35, paragraph 2, sentence 1 italic: now work gem. § 243 Federal AFG 810-1; "Federal Agency" article replaced by 'Federal agency' com. I 2848 15 G v. 23.12.2003 76 no mWv renewals section 36 definition workers within the meaning of this Act are workers and employees including their vocational training workers.
§ 37 public service conditions as far as referred to in Article 12a para 3 of the basic law public service conditions can be justified, are these according to the rules settled, that apply to the service conditions in the respective area.
Section 38 legal regulation (1) for workers in the German armed forces apply article 7, paragraph 1, article 9, paragraph 1 and 2, and article 32, paragraph 1 No. 1 and paragraph 4 with the proviso that point to the location of the employment agency by the Federal Ministry of certain defense by a regulation occurs.
(2) the Ordinance requires not the consent of the Federal Council.
§ 39 restriction of fundamental rights fundamental rights of bodily integrity (article 2 para 2 sentence 1 of the Basic Law), the freedom of the person (article 2 para 2 sentence 2 of the Basic Law), freedom of movement (article 11 para 1 of the Basic Law) and the free choice of employment (article 12 para 1 of the Basic Law) are restricted in accordance with this Act.
§ 40 entry into force this law enters into force on the day after its promulgation.
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