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Presentation on Employment Protection – A German Perspective Major (GS) Felix Leendertz SO DEU Delegation NRFC. Agenda. Starting point: civilian occupation and reserve duty Development of German legislation German legislation Further development of the existing framework
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Presentation on Employment Protection – A German Perspective Major (GS) Felix Leendertz SO DEU Delegation NRFC
Agenda • Starting point: civilian occupation and reserve duty • Development of German legislation • German legislation • Further development of the existing framework • Challenges/way ahead
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EMPLOYER: Compensation (money) RESERVIST: Job reservation Qualification Possible further advantages (tax breaks, etc.) No career disadvantages Predictability Support of employers' personnel-related measures (short-time work, sabbaticals, etc.) Meaningful assignments in the armed forces and career prospects Civilian occupation ARMED FORCES: Qualified reservists Flexible terms of availability Mediator between the armed forces and society Operational readiness
The development of German legislation on military service was strongly influenced by the East-West conflict: • Iron Curtain running straight through Germany • Requirement to quickly build up large armed forces • Continuous high level of readiness • Compulsory military service Key legislation: Job Reservation Act Conscripts and Dependants Maintenance Act Military Pay Act
Military Pay Act Conscripts and Dependants Maintenance Act Job Reservation Act Regulates the pay and allowances of the conscripts and reservists Regulates benefits for securing the livelihood of the conscript / reservist and his family Regulates a prohibition of dismissals and discrimination and requirements for reimbursing benefits paid for retirement pensions and surviving dependants' pensions
Military Pay • Unremunerated benefits (accommodation, messing, free medical care) • Support with costs for housing • Support for the self-employed (income compensation, payment of certain operating costs) Prohibition of dismissals Prohibition of discrimination Continued payment of retirement, pension and survivors' benefits
Globalisation Participation in int. operations Free trade routes "Withdrawal" from large areas Migration flows Disaster control Suspension of compulsory military service Comprehensive Approach Asymmetrical threat Demographic change & competition with industry
Statutory regulations for the existing compulsory military service are more focused on protecting the conscript (employee) The principle of voluntariness grants employers greater influence on exemption for reserve duties Good news: 85% of employers who received an application for exemption for reserve duty accepted it (status: 2009). But: Those are only the ones we know about AND there was still compulsory military service...
- Adaptation of legislation (modernisation) - Communication with employees - Consideration of employers' interests - Making or keeping reserve duty attractive
Presentation on Employment Protection – A German Perspective Major (GS) Felix Leendertz SO DEU Delegation NRFC