Law On The Influence Of Fitness Exercises Of The Armed Forces On Contractual Relations Of Workers And Sales Representatives, As Well As On Staff Relations

Original Language Title: Gesetz über den Einfluß von Eignungsübungen der Streitkräfte auf Vertragsverhältnisse der Arbeitnehmer und Handelsvertreter sowie auf Beamtenverhältnisse

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

Act on the influence of the forces of aptitude of the armed forces on contractual relations between employees and commercial agents and on civil servants ' relations (Suitability Exercise Act)

Non-official Table of Contents

EÜG

Date of expiry: 20.01.1956

Full quote:

" The Suitability Exercise Act in the revised version published in the Bundesgesetzblatt, Part III, outline number 53-5, the latest by Article 15, paragraph 77, of the Law of the 5th February 2009 (BGBl. I p. 160) has been amended "

:Last modified by Art. 15 para. 77 G v. 5.2.2009 I 160

For details, see Notes

Footnote

(+ + + Text credits: 31.12.1977 + + +)
See the specification is valid in the Saarland in accordance with § 1 No. 59 V v. 26.8.1957 I 1255 Non-official table of contents

§ 1 Employment relationship when convened

(1) If a worker is to be employed on a voluntary basis an exercise for the selection of volunteer soldiers (aptitude exercise), the employment relationship rests during the aptitude exercise up to a period of four months. The beginning of the aptitude exercise must be communicated to the person who is to be appointed and his employer at least four weeks before the beginning of the exercise; the time limit may be shortened with the consent of the person who is to be appointed and his employer.(2) If the suitability exercise is terminated prematurely and if the employer has the obligation to pay wages or salary temporarily for two persons at the same job, the employer shall have the obligation to pay the employer for a temporary period of time. Entitlement to reimbursement of the additional expenses incurred as a result of this without the fault of his or her fault.(3) A fixed-term employment relationship shall not be extended by the convocation to an aptitude exercise; the same shall apply if, for other reasons, an employment relationship would have ended during the exercise of the exercise. Non-official table of contents

§ 2 Prohibition of dismissal for the employer

(1) The employer shall not be entitled to the employment relationship during the exercise of the fitness cancel. The right to extraordinary dismissal for reasons not included in the employee's participation in an aptitude exercise shall remain unaffected.(2) The employer shall not terminate the employment relationship before and after the exercise of the aptitude exercise on the occasion of the participation of the employee in an exercise of aptitude. 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 be dismissed. 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 announce: 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 It has been taken into account.(3) The provisions of paragraph 2 shall also apply where, before the entry into force of this law, the employer has terminated the employee for his intended participation in an exercise of fitness. Non-official table of contents

§ 3 End of employment relationship

(1) The employee remains a volunteer following the fitness exercise. the armed forces, the employment relationship ends with the conduct 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 exercise.(2) If the worker voluntarily continues the exercise of fitness for more than four months, the employment relationship shall end 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 point in time. The second sentence of paragraph 1 shall apply accordingly. Unofficial table of contents

§ 4 Werkwohnung

A work apartment is to be passed on for the duration of the aptitude 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 pay. If no amount is fixed, appropriate compensation shall be paid for the repayment. The same applies to other benefits in kind from the employment relationship. Non-official table of contents

§ 5 Rules for commercial agents

(1) The contractual relationship between a commercial agent and an entrepre 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) On the occasion of the participation of the commercial agent in an aptitude exercise, the contractor shall not terminate the contractual relationship. If the trader announces within six months of notification by the commercial representative of the dispute 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 dismissal shall be cancelled The reason for the participation in an aptitude exercise has been pronounced.(3) The provisions of paragraph 2 shall also apply where, before the entry into force of this law, the trader has terminated the commercial agent for an intended participation in an exercise of suitability.(4) The commercial agent shall not be entitled to a commission pursuant to section 87 (2) sentence 1 of the Commercial Code during the exercise exercise and shall not be entitled to an agreed fixed remuneration or to the replacement of the regular business operations. Expenses.(5) If the commercial agent remains in the armed forces following the exercise of aptitude as a voluntary soldier, the contractual relationship shall end at the end of the exercise of the aptitude exercise. The competent service of the armed forces shall notify the contractor of the intended further use of the commercial agent in the armed forces and immediately the end of the fitness exercise no later than two weeks before the end of the exercise of the aptitude exercise.(6) If the commercial agent voluntarily continues the exercise of aptitude for more than four months, the contractual relationship shall end at the end of the four months. 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. The second sentence of paragraph 5 shall apply accordingly.(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. Non-official table of contents

§ 6 Exclusion of drawbacks

(1) Participation in an aptitude exercise may result in the worker being allowed to work in a professional and/or professional way. from the operational point of view and the commercial agent in its contractual relations with the entreprenter no detriment to the contractor.(2) The Federal Government regulates, by means of a legal regulation, the details of the holiday, the additional retirement and survivor's pension, the company pension and holiday funds, the allowances and other rights which are exclusively based on the duration of the membership of the profession, the holding or the administration or 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. Non-official table of contents

§ 7 Regulations for civil servants and judges

(1) An official or judge who is convened to exercise an aptitude test is the duration of the aptitude exercise without remuneration is on the leave of absence. Section 1 (1) sentence 2 and (3) shall apply mutatily.(2) The official or judge shall not be dismissed on the occasion of the participation in a fitness exercise. A dismissal which was issued prior to the entry into force of this law with regard to an intended participation in an aptitude exercise shall be ineffective. § 2 para. 2 sentence 2 and 3 shall apply mutatily.(3) The official or judge shall not be allowed to suffer any disadvantage from participating in a fitness exercise. The Federal Government regulates, by means of a decree law, the extent to which the holiday holiday is granted by the armed forces as an official or a judge.(4) The preparatory service shall be extended by the time of the exercise of the aptitude 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 service period and the probaation period shall be reduced by the time of the delay.(5) If the official or judge is a voluntary soldier in the armed forces following the exercise of aptitude, he/she shall be dismissed from his previous service relationship with the acquisition.(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 at the end of the four-month period. 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, sentence 1 shall apply accordingly.(7) In the cases referred to in paragraphs 5 and 6, § 3 (1) sentence 2 shall apply mutadenly; the dismissal shall be deemed to be dismissal on his own request.

footnote

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

§ 8 statutory health insurance

(1) Participation in an aptitude exercise affects an existing one Compulsory or voluntary insurance not provided by a statutory health insurance institution. For the time of participation, the claim is based on the 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 employed persons insured, the employer, in the case of unemployed persons, has to report to the competent institution of sickness insurance without delay the Agency for Work Start and End of the Suitability Exercise. Other mandatory insured persons and voluntarily insured persons have to refund this report.(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 which was to be paid last before the commencement of the exercise of aptitude. Changes in the contribution rate and the annual earnings limit are to be taken into consideration during the exercise of the aptitude exercise. Non-official table of contents

§ 8a Nursing Insurance

(1) Participation in an aptitude exercise does not affect existing nursing care insurance.(2) For the period of participation in an aptitude exercise, the Federal Government shall pay half of the contribution to social care insurance or pay a contribution grant for private insured persons in accordance with section 61 of the Eleventh Book of Social Code. Non-official table of contents

§ 9 Legal Pension Insurance

(1) The participant was last subject to an aptitude exercise prior to the start of the fitness exercise The Federal Government, subject to the provisions of paragraph 5, shall, subject to the provisions of paragraph 5, apply the contributions for the periods of participation in the exercise of aptitude, subject to the provisions of paragraph 5 of this Article. to be paid on the average of the last three calendar months, full of compulsory contributions, before the start 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 shall be deemed to be compulsory contributions paid in good time.(2) Changes in the contribution rate and the contribution rate limit (Sixth Book of Social Code) are to be taken into account during the exercise of the aptitude exercise.(3) If the participant has paid voluntary contributions to the statutory pension insurance for the period of participation in such exercise, the Federal Government shall have the participant not remaining in the armed forces to exercise the fitness for a pension. shall, on request, reimburse the amount to be paid. In this case, the maximum contribution class corresponding to the applicant ' s average gross earnings during the last three calendar months prior to the commencement of the exercise in which a full employment service is paid shall be based on the contribution class. has been achieved.(4) The applications referred to in paragraphs 1 and 3 shall be submitted within a time limit of one year after the completion 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 closing date before the completion of the qualifying exercise. If, after the completion of the exercise of the aptitude test, the owner of the certificate is referred to the closing time limit, the time limit for the first sentence of the first sentence shall not start until the date on which the notification is sent to the person concerned.(5) Handwerkers who are subject to insurance under the Sixth Book of Social Code, as well as persons who are obliged under the Law on the Protection of Retirement of Farmers to pay contributions shall, upon request, contribute to the periods of time of the Participation in an aptitude exercise. Paragraphs 2 and 4 shall apply accordingly. Non-official table of contents

§ 9a Public insurance or utilities

(1) If the participant was in an aptitude exercise, the on the basis of an obligation, whether by law or by law, to be a member of a public-law insurance or supply facility of his/her professional group and, therefore, has the obligation to take insurance in the statutory pension insurance scheme, the Federal Government shall reimburse him for the contributions to this institution for the period of participation in the exercise of aptitude, in which they last prior to the exercise of aptitude in accordance with the Articles of Association or the Insurance conditions were to be paid as compulsory contributions if it was not left in the armed forces.(2) The application for reimbursement of contributions shall be submitted within one year of the completion of the exercise of the aptitude exercise. Non-official table of contents

§ 10 Unemployment insurance

Persons participating in an aptitude exercise are subject to insurance under the following conditions: 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. Non-official table of contents

§ 11 (omitted)

-