Law on the influence of the aptitude exercises of the armed forces on contractual relations of employees and commercial agents as well as on civil servants ' relations (suitability exercise act)

Unofficial table of contents

EÜG

Date of completion: 20.01.1956

Full quote:

" Suitability exercise law in the adjusted version published in the Federal Law Gazette, Part III, outline number 53-5, the latest by Article 15, paragraph 77, of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status:

Last amended by Art. 15 Abs. 77 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 31.12.1977 + + +)
The rule applies in the Saarland in accordance with. § 1 No. 59 V v. 26.8.1957 I 1255 Unofficial table of contents

§ 1 Employment relationship when convening

(1) If a worker is convened on the basis of voluntary commitment to an exercise for the selection of volunteer soldiers (aptitude exercise), the employment relationship shall rest during the exercise exercise up to a period of four months. The commencement of the exercise is to be notified to the person who is to be appointed and his employer at least four weeks before the beginning of the exercise; the period may be shortened with the consent of the person who is to be appointed and his employer. (2) The employer is entitled to pay a temporary contract for two persons at the same place of work, so the employer shall be entitled to a refund. The employer shall be entitled to pay the employer for a period of time. (3) the additional expenses incurred by him without his fault. (3) fixed-term employment shall not be extended by the convening of a certificate of aptitude; the same shall apply if, for other reasons, an employment relationship would have ended during the exercise of the aptitude test. Unofficial table of contents

§ 2 Prohibition of dismissal for the employer

(1) The employer shall not terminate the employment relationship during the fitness exercise. The right to extraordinary dismissal for reasons not included in the employee's participation in a fitness exercise shall remain unaffected. (2) The employer shall be entitled to take the opportunity of taking part in the exercise of an aptitude exercise. Do not terminate the employment relationship before and after the aptitude exercise. If the employer has to dismiss workers from urgent operational requirements (Section 1 (2) of the Termination Protection Act), the participation of a worker in the exercise of an aptitude exercise must not be allowed in the selection of the person to whom he/she is to be made redundant. For the benefit of the project. If, within six months of notification of the employee's notification to the armed forces to take part in an aptitude test, the employer announces or within three months following the exercise of the aptitude test, the employer shall be terminated: Suspects that the dismissal is issued on the occasion of participation in an exercise of aptitude and that, in the event of urgent business requirements, redundancies occur in the selection of the employee, his participation in an exercise of aptitude for his or her own (3) The provisions of paragraph 2 shall also apply where: the employer has terminated the employee prior to the entry into force of this law because of an intended participation in the exercise of the exercise. Unofficial table of contents

§ 3 End of the employment relationship

(1) If the employee remains a soldier in the armed forces following the exercise of fitness, the employment relationship shall end with the exercise of the exercise of the aptitude exercise. The competent service of the armed forces shall immediately inform the employer of the intended further use of the worker in the armed forces and the end of the fitness exercise no later than two weeks before the end of the exercise of the aptitude exercise. (2) If the employee voluntarily continues the exercise exercise beyond four months, the employment relationship ends at the end of the four-month period. This shall not apply if, by the end of the four-month period, the suitability of the worker for illness of more than four weeks has not been definitively assessed and for that reason the worker is voluntarily continuing the exercise of aptitude; in this case The working relationship rests for a maximum of four months. It ends when the employee continues to voluntarily continue the fitness exercise beyond that date. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

§ 4 Working flat

A work apartment is to be passed on for the duration of the fitness exercise. If the free transfer of the work apartment forms part of the remuneration of the work (§ 21 of the Mieterschutzgesetz), the employee has to pay the employer as compensation for the repayment of this part of the remuneration. If no amount is fixed, appropriate compensation shall be paid for the continued payment. The same applies to other benefits in kind from the employment relationship. Unofficial table of contents

§ 5 Rules applicable to commercial agents

(1) The contractual relationship between a commercial agent and an entrepellant shall not be resolved by the participation of the commercial agent in an aptitude exercise. The beginning of the aptitude exercise shall be communicated to the person who is to be appointed and to the entrepreneurs with whom he is in a contractual relationship at least four weeks before the beginning of the exercise; the time limit may be shortened with the consent of the parties concerned. Section 1 (3) shall apply mutatily. (2) From the occasion of the participation of the commercial agent in an aptitude exercise, the entrepellant shall not terminate the contractual relationship. If the trader announces within six months of receiving notification from the commercial agent's notification to the armed forces to take part in an exercise of aptitude, or during the exercise of the aptitude test, it shall be presumed that the termination of the contract shall be: (3) The provisions of paragraph 2 shall also apply where, before the entry into force of this law, the trader is to be the trader for an intended participation in an (4) The commercial agent shall not have any such exercise during the exercise of the fitness The right to commission pursuant to § 87 (2) sentence 1 of the Commercial Code as well as no claim to an agreed fixed remuneration or to the replacement of expenses incurred in the regular business operation. (5) The commercial agent shall remain in connection with the contract after the the aptitude exercise as a volunteer soldier in the armed forces, the contractual relationship ends with the conduct of the aptitude exercise. The competent service of the armed forces shall, no later than two weeks before the end of the exercise, have the intended further use of the commercial agent in the armed forces and, without delay, the end of the exercise of the aptitude test (6) If the commercial agent voluntarily continues the exercise of aptitude for four months, the contractual relationship shall end at the end of the four-month period. This shall not apply if, by the end of the four months, the suitability of the commercial agent for illness of more than four weeks has not been finally assessed and the commercial agent for this reason voluntarily continues the exercise of aptitude; in this case ends the contractual relationship after another four months, if the commercial agent continues to voluntarily continue the exercise of aptitude beyond that date. Paragraph 5, second sentence, shall apply mutagenically. (7) If the contractual relationship referred to in paragraph 5 or 6 ends, the commercial agent shall not be entitled to compensation in accordance with Section 89b of the Commercial Code. Unofficial table of contents

§ 6 Exclusion of disadvantages

(1) From the participation in an aptitude exercise, the employee must not have a disadvantage in his contractual relations with the entrepellant in professional and operational terms and the commercial agent. (2) The Federal Government regulates by Legal Regulation concerning the holiday, additional old-age and survivors ' pension, company pension and holiday insurance funds, allowances and other rights, which are exclusively based on the duration of the membership of the Occupation, operation or administration or from the duration of the contractual relationship , it must be determined that the Federal Government makes contributions. The employer can be obliged to pay contributions in advance. Unofficial table of contents

Section 7 Rules applicable to civil servants and judges

(1) An official or judge who is convened for an aptitude exercise shall be on leave for the duration of the exercise of the aptitude exercise without remuneration. (2) The official or judge shall not be dismissed on the occasion of the participation in an exercise of fitness. A dismissal which was issued prior to the entry into force of this Act with regard to an intended participation in an exercise of aptitude shall be ineffective. § 2 para. 2 sentence 2 and 3 shall apply mutatily. (3) The official or judge shall not have to suffer any disadvantage from the participation in an exercise of aptitude. The Federal Government regulates, by means of a decree law, the extent to which the holiday holiday is granted by the armed forces as a civil servant or judge. (4) The preparatory service is extended by the time of the exercise of the exercise. The delays resulting from the extension of the preparatory service for the beginning of the Diätendienstalter and in the case of direct employment for the beginning of the salary earner or, in the case of officials and judges of the Federal Government, for the beginning of the experience period, are to be compensated. The non-scheduled minimum period of service and the probative period are reduced by the time of the delay. (5) If the official or judge remains a volunteer in the armed forces following the exercise of the aptitude test, he/she shall be taken over from his/her own (6) If the official or judge voluntarily continues the exercise of aptitude for more than four months, he shall be dismissed from his previous employment relationship with the end of the four months. This shall not apply if, by the end of the four months, the suitability of the official or judge for illness of more than four weeks has not been finally assessed and the official or judge for this reason voluntarily continues the exercise of aptitude; in this case, the holiday shall be extended by a further four months. If the official or judge voluntarily continues the exercise of aptitude beyond that date, the first sentence shall apply. (7) In the cases referred to in paragraphs 5 and 6, the second sentence of Article 3 (1) shall apply mutatily; the dismissal shall be deemed to be dismissal on his own request.

Footnote

Section 7 (4): italic pressure cf. now § 5 BBG 2030-2 u. § § 1.2 and 6 BBesG 2032-1 Unofficial table of contents

§ 8 Legal health insurance

(1) The participation in an aptitude exercise does not affect an existing obligation or voluntary insurance in the case of a bearer of the statutory health insurance. For the time of participation, the claim is based on benefits of statutory health insurance. This does not apply to the claims of family members who are insured pursuant to § 10 of the Fifth Book of Social Code. (2) In the case of employees who are insured with care, the employer has, in the case of unemployed persons, the Agency for Work Start and End of the The competent institution of the sickness insurance institution shall be notified without delay. Other mandatory insured persons and voluntarily insured persons have to reimburse this notification. (3) For the periods of participation in the exercise of aptitude, the Federal Government shall pay the competent institutions of the sickness insurance a tenth of the contribution, the last of which shall be The beginning of the fitness exercise was due. Changes in the contribution rate and the annual earnings limit during the aptitude exercise are to be taken into account. Unofficial table of contents

§ 8a Care insurance

(1) Participation in an aptitude exercise does not affect an existing nursing care insurance. (2) For the period of participation in an aptitude exercise, the Federal Government shall pay half of the contribution to the social care insurance or to pay a contribution grant for Private insured according to § 61 of the Eleventh Book of the Social Code. Unofficial table of contents

§ 9 Legal pension insurance

(1) If the participant in an aptitude exercise was last insured before the start of the qualifying exercise in accordance with the Sixth Book of Social Code and he does not remain in the armed forces, the Federal Government, subject to the regulation in paragraph 5, has, upon request, the To pay contributions for the periods of participation in the qualifying exercise in the amount in which they are paid on the average of the last three calendar months, full of compulsory contributions, prior to the commencement of the exercise. The same applies to insured persons who, during the fitness exercise, will be able to work or die. The post-paid contributions are considered to be compulsory contributions paid in due time. (2) Changes in the contribution rate and the contribution rate limit (Sixth Book of Social Code) are to be considered during the aptitude exercise. (3) Has the Participants in an aptitude exercise for the period of participation in such exercise voluntary contributions to the statutory pension insurance are paid, so the federal government has the participant not remaining in the armed forces of the aptitude exercise on request to reimburse the amount spent. At the most, the contribution class corresponding to the applicant ' s average gross earnings in the last three calendar months prior to the commencement of the exercise of the aptitude test shall be based on the contribution class in which a full employment service is available. (4) The applications referred to in paragraphs 1 and 3 shall be submitted within a time limit of one year from the end of the exercise of the exercise of the Federal Minister of Defence or of the body designated by him. The owner of the aptitude shall be informed of the exclusion period before the completion of the qualifying exercise. If, after the completion of the exercise of the aptitude test, the owner of the person is informed of the time limit for exclusion, the period of exclusion of the sentence of sentence 1 shall not commence until the date on which the communication is received. (5) Handwerkers, who shall be entitled under the Sixth Book of Social Code , as well as persons who are obliged to pay contributions under the age insurance act of the farmers, the contributions shall be reimbursed on application for periods of participation in an aptitude exercise. Paragraphs 2 and 4 shall apply accordingly. Unofficial table of contents

Section 9a Public health insurance or utilities

(1) If the participant was a member of a public-sector insurance or pension scheme of his/her professional group, until the beginning of the exercise, on the basis of a law-based or law-based obligation, and if he has therefore been exempted from the compulsory insurance obligation in the statutory pension insurance scheme, the Federal Government has to reimburse him/her the contributions to this institution for the period of participation in the fitness exercise, in which it was last before the aptitude exercise under the Articles of Association or the insurance conditions as (2) The application for reimbursement of contributions must be made within one year of the completion of the exercise of the aptitude test. Unofficial table of contents

§ 10 Unemployment insurance

Persons who participate in an aptitude exercise are subject to insurance under the Third Book of Social Code. For periods of participation in the aptitude exercise, the Federal Government contributes to the promotion of employment. The contribution shall be paid at the same level as the last prior to the commencement of the exercise. Unofficial table of contents

§ 11 (omitted)

-