Law On Defense Personnel (Defense Personnel Above)

Original Language Title: Lov om forsvarspersonell (forsvarspersonelloven)

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Read the untranslated law here: https://lovdata.no/dokument/NL/lov/2004-07-02-59

Law on defense personnel (defense personnel above)


Date LOV-2004-07-02-59


Ministry Defense Ministry

Edited

LOV-2015-08-07-82 from 01/01/2016


Published in 2004 Booklet 10


Commencement 01.01.2005

Changes


Promulgated
07/02/2004

Short Title
defense personnel Oven

Chapter Overview:

Chapter I. Introductory provisions (§§ 1-3)
Chapter II. Administrative Provisions (§§ 4-10)
Chapter III. Serving in international operations (§§ 11-17)
Chapter IV. Final provisions (§§ 18-20)

Act repealed by Act of August 12, 2016 No.. 77 (ikr. From the King decides). Act title amended by Act 21 June 2013 no. 77 (ikr. June 21, 2013 acc. Res. 21 June 2013 no. 690). - Ref. Former lover 8 June 1973 no. 36, June 10, 1977 no. 66 and 23 February 1996, no. 9

Chapter I. Introductory provisions

§ 1. Purpose The purpose of this Act is to facilitate an appropriate use of the Armed Forces personnel resources to ensure implementation of defense tasks nationally and internationally.
Force has a special responsibility for the personnel involved in international operations and their families are well catered for before, during and after service.

§ 2. Scope The Act applies to military employees of the Ministry of Defense and their subordinate agencies, unless otherwise provided in or pursuant to this Act.

§ 3. Definitions military staff meant officers, officers, grenadiers and policemen who are employed in the Armed Forces.
With defense personnel meant conscripts, military staff and civilian personnel employed in the Defence Ministry and subordinate agencies.
With international operations means any operation abroad require the use of military forces, and approved by the Norwegian authorities.

Chapter II. Administrative Provisions

§ 4. Conditions of employment of military staff officers, officers, grenadiers and constables are added on the conditions laid down in the Act of 4 March 1983 no. 3 on civil servants etc. (civil service) with deviations included in or pursuant this Act.
Military employees are exempt from the prohibition of discrimination on grounds of age for the Working Environment Act § 13-1 first paragraph.
Military employees are obliged to abide by the rules concerning employment, education and disposal advancement etc. as stipulated in the current scheme for military employees. The scheme for military employees are determined by the King in Parliament.
Ministry instructional and organizational authority and can design the necessary adaptations and regulations within the overall framework of the scheme for military employees.
Department state rules about who's appointment authority, and the procedure for appointment. The rules may deviate from the Civil Service.

§ 4 a. Defense personnel are permitted to take on assignments outside the defense sector defense personnel are obliged to exercise particular care to undertake missions outside the defense sector.
Defense personnel duties on its own initiative to provide information to the main employer of paid and unpaid assignments outside the defense sector which is closely related to the work he performs in the main employer.
The entity should disclose the nature of activity, the principal and the scope of defense personnel assignments outside the defense sector.
Ministry of Defence can for some positions and departments introduce specifically required the consent of the employer for the defense personnel should be able to take paid and unpaid assignments outside the defense sector.
This provision does not limit the employee's duty to disclose the assignment pursuant to an agreement or other legal provisions.

§ 5. Tilsettingsforholdets length Officers, officers, grenadiers and constables may be added temporarily or they may be added fast until they reach age 35 or fixed to the age of 60. Those who are employed temporarily, resign his position without notice. Those who are permanently employed, will retire at the first turn of the month after they have completed 35 or 60 years.
Defense can occasionally extend the employment period of up to three years for those who are added to the filling 35 years.
When special circumstances make it necessary, the Ministry may extend the period of employment of up to one year at a time for military employees who have reached the age limit of 60 years.
Ministry issues rules for the duration of the work and the right to renew the temporary employment relationship.

§ 6. (Repealed by Act 7 August 2015 no. 82 (ikr. January 1, 2016 acc. Res. 7 August 2015 No.. 947).)


§ 7. Allocation Military employees are obliged to let themselves predispose to position in Norway and abroad in accordance with the Armed Forces' requirements. Allocation of power may occur when this is obviously necessary for health, safety or specific reasons. Allocation of the position of such special reasons may not occur in cases where the basis for allocation falls under the Civil Service Act §§ 15 and 16 or the Act of 20 May 1988 no. 32 on military disciplinary authority § 1
For serving in international operations apply the provisions of Chapter III.
Military employees are obliged to abide by the requirement to changes in the service and transfers that may be necessary due to organizational changes in the Armed Forces.

§ 8. Termination etc. Military employees with mandatory military service has not the right to resign.
Temporary military employees and those who are permanently employed until they reach 35 or 38 years, can not claim rights and the right to severance pay under the Act of 4 March 1983 no. 3 on civil servants etc.

§ 9. (Repealed by Act 7 August 2015 no. 82 (ikr. January 1, 2016 acc. Res. 7 August 2015 No.. 947).)

§ 10. Compulsory holding Military employees and conscripts shall the period of service not enjoy alcohol or other intoxicating or anesthetic. The Ministry may issue regulations on exemptions from the first sentence. The prohibition does not apply in the absence during leave or holiday, unless otherwise decided by the Ministry.
Military employees and conscripts should not meet to favor the influence of alcohol or other intoxicating or anesthetic. As the influence of alcohol is considered a person having blood alcohol concentration greater than 0.2 per mille, or an alcohol quantity in the body that can lead to such a blood alcohol concentration, or concentration of alcohol in exhaled air than 0.1 milligrams per liter of air .
Subsections do not apply to medicines consumed in accordance with the doctor's prescription, dental or other with requisition. Whoever takes drugs that may seem intoxicating or anesthetic, shall promptly notify their employer about this.
Provisions of the Road Traffic Act of 18 June 1965. 4 § 22a of alkotest, breath test and blood test applies correspondingly.
Violation of the provisions on duty abstinence can chastened disciplinary according to law of 20 May 1988 no. 32 on military disciplinary authority.
Ministry may decide that the prohibition in subsections shall apply to added civilian personnel in the Ministry of Defence and their subordinate agencies.
Ministry may issue further rules requiring abstinence.

Chapter III. Serving in international operations

§ 11. Allocation of service in international operations Military employees can be allocated to service in international operations.
The same applies added civilian personnel in the Ministry of Defence and their subordinate agencies, which belong to specific categories set by the Ministry of Defence.
This appropriation obligation does not go ahead assignment pursuant to law 23 June 2000 No.. 56 on health and social preparedness § 4-1.

§ 12. Allocation pursuant contracted A person who is not obliged to serve in accordance with § 11, may, by written contract commit in advance to serve in one or more international operations.

§ 12 a. Straight to monitoring personnel who are serving and have served in international operations has, if necessary, the right to psychiatric and psychological care from the Armed Forces of one year after service. Armed Forces are obliged to provide such supervision and to ensure that the transition to civilian health care takes place in a for personnel satisfactory manner.
Force has an obligation to offer other assistance for one year after completion of their service to the extent that it is reasonable from the personnel's health and financial situation, tjenesteforholdets duration and other circumstances.
Ministry may issue regulations with supplementary rules on the content and scope of follow-up after the first and second paragraphs.

§ 12 b. Objectively liability in case of injury in international operations state shall regardless of fault replace losses suffered by civilian personnel, military staff or conscripts due to injury or illness arising out of service in an international operation, including mental strain.
State liable on other grounds of injury or illness, including mental strain, which by their nature fall under this provision.
Occupational Injury Act 16 June 1989 no. 65 §§ 12, 13, first paragraph, 14 and 15 shall apply unless otherwise provided by or pursuant to this Act.

Ministry may issue regulations with further provisions relating to the scheme's content and implementation, including rules on the calculation of compensation.

§ 12 c. Gratia Ministry may issue regulations concerning gratia of mental strain as a result of participation in international operations. Payments under these regulations shall be coordinated with compensation payments on other grounds from the state for personnel involved in international operations.

§ 13. Relationship to other laws Under serving in international operations do not apply to the Working Environment Act.
Service Act §§ 2, 4, 5 and 11 shall not apply during service in international operations.

§ 14. Requirements for citizenship The officiating must be a Norwegian citizen.
With the limitations that are recognized in international law or of agreement with a foreign state, the ministry still allow other persons to serve as members of a Norwegian force in an international operation.

§ 15. Repatriation Whoever participates in an international operation can be sent home from service in accordance with provisions stipulated by the Ministry.
The Act of 10 February 1967 relating to procedure in cases concerning Chapter IV and VI do not apply when dealing with cases of repatriation.

§ 15a. Background check defense may require the submission of a complete police in connection with the withdrawal of personnel in international operations.
Military authorities may request that it be carried repute assessment under the provisions of the Police Register Act § 45 of persons belonging to national military power or who are in the civil service in the Armed Forces, if the information may be of importance for deciding whether to take action against them by the disciplinary chastisement or prosecution or where there is otherwise of particular importance for the military authorities to obtain such information because of the service he performs or one contemplates imposing them.

§ 16. Termination mm Supplemented personnel who are predisposed to serve in an international operation, may resign with three months' notice. Retirement from the position of personnel of duty occurs nevertheless not before any remaining duty is completed military in Norway.
Personnel who have signed a contract as referred to in § 12, may terminate the contract with three months' notice after the applicant has been allocated to the service.
Personnel are obliged to serve in an international operation, may at any time apply to be exempted from service obligation. Such application shall be granted if overweight health, welfare or social reasons for doing so.

§ 17. Regulations The King issues regulations concerning:

A)
maximum period of service which may be imposed pursuant to § 11

B)
how selection for international operations to take place, including the qualifications and other requirements for service,

C)
contents of contracts referred to in § 12,

D)
treatment of applications under § 16 subsection

E)
appeal against decision of repatriation and the effects of such a complaint,

F)
working environment to Norwegian forces participating in operations and

G)
disposition and conditions for service for certain categories added civilian personnel as mentioned in § 11 second paragraph.

Chapter IV. FINAL PROVISIONS

§ 18. Commencement This Act applies when the King bestemmer.1 The individual parts of the law can be put into effect at different times.

§ 19. Transitional provisions Civilian personnel referred to in § 11, second paragraph can only be allocated to international operations if he is added after Chapter III entered into force, and after specific categories set by the Ministry of Defence, unless he has accepted being subject to allocation as mentioned in § 11.
Earlier career officers who are employed before 1 January 2005, can only be terminated by law on March 4, 1983 no. 3 on civil servants etc. § 10 no. 2 letter a. | || § 12 a includes the right to follow for personnel serving in international operations after the statute was enacted. § 12 b includes injury and illness that is applied after the statute was enacted.

§ 20. Amendments to other Acts From the King decides, 1 The following amendments to other Acts - - -