Law on the Federal Volunteer Service

Original Language Title: Gesetz über den Bundesfreiwilligendienst

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Law on the Federal Voluntary Service Act (Bundesvoluntary Service Law-BFDG)

Unofficial table of contents

BFDG

Date of completion: 28.04.2011

Full quote:

" Federal Voluntary Service Act of 28 April 2011 (BGBl. I p. 687) "

Footnote

(+ + + Text evidence from: 3.5.2011 + + +) 

The G was decided by the Bundestag as Article 1 of the G v. 28.4.2011 I 687. It's gem. Article 18 (1) of this Act entered into force on 3 May 2011. Section 17 (3) is in accordance with Article 18 (2) shall enter into force on 1 July 2011. Unofficial table of contents

§ 1 Tasks of the Federal Volunteer Service

In the Federal Voluntary Service, women and men are committed to the common good, especially in the social, ecological and cultural fields, as well as in the field of sport, integration and civil protection. The Federal Volunteer Service promotes lifelong learning. Unofficial table of contents

§ 2 Volunteer

Volunteers within the meaning of this Act shall be persons who:
1.
have fulfilled full-time compulsory education,
2.
a voluntary non-profit-making service, outside vocational training and comparable to full-time employment, or, if that is the case, the 27. , also comparable to full-time or part-time employment of more than 20 hours per week,
3.
have committed themselves to the performance of a Federal Voluntary Service for a period of at least six months and a maximum of 24 months on the basis of an agreement pursuant to § 8; and
4.
for the service only free of charge accommodation, meals and work clothes, as well as an appropriate pocket money or instead of accommodation, meals and work clothes to receive the corresponding financial compensation; a pocket money is then appropriate when it is
a)
6 per cent of the contribution ceiling in force in the general pension insurance (§ 159 of the Sixth Book of the Social Code) does not exceed
b)
corresponding to the pocket money of other persons who perform a youth voluntary service under the Youth Voluntary Service Act and carry out comparable activities in the same application,
c)
in the case of a service comparable to part-time employment, and
d)
for volunteers, the 25. Have not yet completed their life year and for which there is no entitlement to an allowance pursuant to § 32 (6) of the Income Tax Act or child benefit is increased.
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§ 3 Areas of operation, duration

(1) The Federal Voluntary Service is generally carried out all day as a predominantly practical assistance in public-service facilities, in particular in the areas of child and youth welfare, including the facilities for Extracurricular youth education and youth work, welfare, health care and care for the elderly, disability assistance, culture and heritage preservation, sport, integration, civil protection and civil protection, and facilities, in the area of environmental protection, including nature conservation, and of education for sustainability. The Federal Volunteer Service is to be designed to be neutral on the labour market. (2) The Federal Voluntary Service is usually carried out for a period of twelve consecutive months. The service lasts at least six months and a maximum of 18 months. It may exceptionally be extended up to a period of 24 months if justified by a special pedagogical approach. In the context of an overall pedagogical concept, it is also possible to have a performance in separate sections if a section lasts for at least three months. The total duration of all sections as well as several of the federal volunteer services may be up to 27 years. In the case of a lifetime, the total length of time allowed shall not exceed 2 and 3, and shall be five years between each performance of the total duration permitted by the rates 2 and 3 and the total duration of the total duration shall be: Youth voluntary service in accordance with the Youth Voluntary Service Act (Jugendvoluntary service). Unofficial table of contents

§ 4 Pedagogical accompaniment

(1) The Federal Volunteer Service will be accompanied pedagogically with the aim of conveying social, ecological, cultural and intercultural competences and to strengthen the sense of responsibility for the common good. (2) The volunteers receive from the Technical instructions for use. (3) During the Federal Voluntary Service, seminars are held for which attendance is compulsory. The seminar period is considered to be a service period. The total duration of the seminars is at least 25 days in the case of a 12-month participation in the Federal Voluntary Service; volunteers, who are the 27. They shall take part in the seminars to a reasonable extent. If a service is agreed or extended beyond the period of twelve months, the number of seminar days shall be increased for each additional month by at least one day. In the case of a shorter service than twelve months, the number of seminar days is reduced by two days each month. The volunteers will be involved in the design and implementation of the seminars. (4) The volunteers will participate in a five-day seminar on political education in the framework of the seminars referred to in paragraph 3. In this seminar, the treatment of political issues must not be restricted to the presentation of a one-sided opinion. The overall picture of the teaching is to be designed in such a way that the service ends are not influenced in favour or in favour of a particular political direction. (5) The seminars, in particular the seminar on political education, can be taken together. for volunteers and people who do voluntary service or military service. Unofficial table of contents

§ 5 Other service abroad

The existing recognitions as well as the possibility of new recognitions of carriers, projects and operational plans of the Other Service abroad pursuant to § 14b paragraph 3 of the Civil Service Act remain unaffected. Unofficial table of contents

§ 6 Application points

(1) The volunteers shall provide the Federal Voluntary Service in a recognised application. (2) An application may be accepted by the competent federal authority on their application if they
1.
Tasks in particular in children's and youth welfare institutions, including non-curricular youth education and youth work, in welfare, health care and care for the elderly, disability assistance, culture and heritage preservation, sport, integration, civil protection and civil protection, as well as in institutions active in the field of environmental protection, including nature conservation and sustainability,
2.
provides assurance that the employment, management and care of volunteers comply with the provisions of this Act, and
3.
The volunteers are personally and professionally supported and qualified personnel for their management and supervision.
The recognition is pronounced for certain places. It may be subject to conditions. (3) The employment offices and places of service of the civil service recognized on 1 April 2011 in accordance with § 4 of the Civil Service Act shall be considered as recognised places of application and places in accordance with paragraph 2. (4) The recognition shall be , if any of the conditions referred to in paragraph 2 have not been or are no longer in place. It may also be revoked for other important reasons, in particular if an edition has not been fulfilled or has not been fulfilled within the set deadline. (5) The site of the application may be subject to the fulfilment of legal requirements or to the agreement , with the consent of the institution or body, the task of the institution shall be assigned to a institution This shall be recorded in the proposal in accordance with Article 8 (1). Unofficial table of contents

Section 7 Central offices

(1) Carriers and applications may form central offices. The central offices shall ensure that the institutions and operational bodies belonging to them are duly involved in the implementation of the Federal Voluntary Service. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, by means of a regulation which does not require the consent of the Federal Council, determine minimum requirements for the formation of a central office, in particular with regard to the establishment of a central body for the formation of a central body. (2) The competent federal authority shall, at the request of the competent federal authority, set up a separate institution for the purposes of the application and the carrier, which shall not belong to a federal institution. One central station. (3) Each site is assigned to one or more Central offices. (4) The central offices may issue conditions attached to them, in particular for the connection to a carrier and for the organization and organization of the pedagogical support of the volunteers. (5) The competent authorities After the entry into force of the annual budget law, the authority shall inform the central authorities of how many places in the area of competence of the respective central office can be occupied from August of the year until 31 January of each year. The central offices shall be responsible for the regionally appropriate distribution of these places on their assigned institutions and their respective offices. You can link the allocation of places with conditions. Unofficial table of contents

§ 8 Agreement

(1) Before the start of the Federal Voluntary Service, the Federal Government and the voluntary service shall conclude a written agreement on the joint proposal of the volunteer or the volunteer and the site of application. The agreement must include:
1.
The name, family name, date of birth and address of the volunteer, the address of the legal guardian and the consent of the legal representative,
2.
an indication of whether the volunteer or the volunteer is entitled to an allowance pursuant to Article 32 (6) of the Income Tax Act or child benefit,
3.
the name of the point of application and, where the latter belongs to a carrier, the name of the carrier;
4.
an indication of the period for which the volunteer is committed to the Federal Voluntary Service and a system for early termination of the service,
5.
the fact that the provisions of this law must be observed during the implementation of the Federal Voluntary Service,
6.
Information on the type and amount of cash and in kind, and
7.
an indication of the number of holidays and the days of the seminar.
(2) The site of the application may commission a carrier or a central office with the performance of statutory or consequential tasks. This shall be recorded in the proposal referred to in paragraph 1. (3) The operational authority shall submit the proposal to the competent federal authority in consultation with the central office to which it is affiliated. The Central Office shall ensure that an occupied place is available in accordance with § 7 (5). The competent federal authority shall inform the volunteers or the volunteers, the operational authority, the institution and the central body, where appropriate, of the conclusion of the agreement, or inform them of the reasons for the conclusion of an agreement. Contrary to the Agreement. Unofficial table of contents

§ 9 Liability

(1) For damages caused intentionally or negligently by the voluntary or the volunteer, the Federal Government shall be liable if the harmful act has been carried out on its request. In this respect, the volunteer may require the Federation to exempt it or him from claims for damages by the injured party or the injured party. (2) For damages in the performance of their duties, volunteers are only liable to workers and employees. Unofficial table of contents

Section 10 Participation of the volunteers

The volunteers elect speakers who represent their interests in relation to the employment offices, institutions, central offices and the competent federal authority. The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth regulates the details of the electoral procedure by means of a regulation which does not require the approval of the Federal Council. Unofficial table of contents

§ 11 Certificate, Certificate

(1) The office of application shall issue a certificate of service to the volunteer or volunteers after the service has been completed. A two-way copy of the certificate is to be sent to the competent federal authority. (2) At the end of the voluntary service, the volunteer receives a written certificate of the nature and duration of the voluntary service from the application site. Service. The certificate shall be extended to cover the services and guidance during the service period. In this context, the Certificate of Professional Qualification of the Federal Voluntary Service must be included in the certificate. Unofficial table of contents

§ 12 Data Protection

The service centres, central offices and institutions may collect, process and use personal data in accordance with the second sentence of paragraph 8 (1), insofar as this is necessary for the implementation of this law. The data must be deleted after completion of the Federal Voluntary Service. Unofficial table of contents

§ 13 Application of labour law, employment protection law and other provisions

(1) For an activity within the scope of a federal voluntary service within the meaning of this law, the employment protection provisions, the Youth Labour Protection Act and the Federal Law on Voluntary Work are to be applied accordingly. (2) Insofar as no explicit social insurance legislation, the Federal Voluntary Service applies the social insurance legislation applicable to the youth volunteer services under the Youth Voluntary Service Act. In addition, the following provisions shall apply accordingly:
1.
Section 3 of the special leave regulation,
2.
Section 45 (3), first sentence, subparagraph (c) of the Federal Supply Act,
3.
Article 1 (1) (2) (h) of the Regulation on the compensation of public services in the field of road passenger transport,
4.
Section 1 (1) (2) (h) of the Regulation on compensation for public service in rail transport.
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§ 14 State competent authority

(1) This Act shall be carried out in the federal administration, unless otherwise specified. The Federal Office of Civil Service (Bundesamt für den Zivildienst) is to be transferred to the Federal Office for Civil Service (Bundesamt für die Bundesamt für Familie und civilians) (Federal Office for Family and Civil Society) and the Federal Ministry for Family Affairs, Senior citizens, women and youth are subject to further tasks. (2) Further tasks can be assigned to the Federal Office. Unofficial table of contents

Section 15 Advisory Council for the Federal Volunteer Service

(1) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is a member of the Advisory Board for the Federal Volunteer Service. The Advisory Board advises the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth on the issues of the Federal Voluntary Service. (2) The Advisory Board is a member of the Advisory Board:
1.
up to seven federal spokespersons of the volunteers,
2.
up to seven representatives of the central offices,
3.
A representative of the Protestant Church and of the Catholic Church,
4.
one representative or one representative of the trade unions and the employers ' associations,
5.
four representatives of the Länder and
6.
a representative or a representative of the municipal leaders ' associations.
(3) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth shall, as a rule, convene the members of the Advisory Board for a period of four years. The bodies referred to in paragraph 2 shall make proposals for this purpose. The members referred to in paragraph 2 (1) shall be appointed for the duration of their service. A personal deputy will be appointed for each member. (4) The meetings of the Advisory Board shall be held by the representative or representative appointed by the Federal Minister for Family Affairs, Senior Citizens, Women and Youth for this purpose. convened and managed. Unofficial table of contents

§ 16 Transfer of tasks

The service centres, central offices and institutions can be entrusted with their understanding of the performance of tasks. The resulting costs may be reimbursed in an appropriate manner. Unofficial table of contents

§ 17 Costs

(1) Insofar as the voluntary accommodation, food and work clothes or the corresponding compensation payments are received, the applications shall provide these services at their expense for the federal government. They bear the administrative costs incurred by them from the employment of the volunteers. (2) For the Federal Government, the volunteers pay the pocket money to the volunteers, to the extent that a pocket money is agreed. The reporting, assessment and payment obligations of the social security law shall apply to the application sites. The places of application bear the costs of the pedagogical support of the volunteers. (3) The expenditure for the pocket money, the social security contributions and the pedagogical support will be provided within the framework of the budget. The Federal Ministry of Family Affairs, Senior Citizens, Women and Youth, in agreement with the Federal Ministry of Finance, shall lay down uniform ceilings for the refund. The allowance for the expenses for the pedagogical accompaniment shall be determined in accordance with the guidelines of the federal government which apply to the voluntary social year in Germany.