DEU HoD

Presentation on Employment Protection – A German Perspective

Major (GS) Felix LeendertzSO DEU Delegation NRFC

DEU HoD

Starting point: civilian occupation and reserve duty Development of German legislation German legislation Further development of the existing framework Challenges/way ahead

Agenda

DEU HoD

100%

100%

DEU HoD

EMPLOYER:Compensation (money)

Qualification

Possible further advantages (tax breaks, etc.)

Support of employers' personnel-related measures

(short-time work, sabbaticals, etc.)

ARMED FORCES:Qualified reservists

Flexible terms of availability

Mediator between the armed forces and

society

Operational readiness

Civilian occupation

RESERVIST:Job reservation

No career disadvantages

Predictability

Meaningful assignments in the armed forces and career

prospects

DEU HoD

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 ActConscripts and Dependants Maintenance ActMilitary Pay Act

DEU HoD

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

DEU HoD

Continued payment of retirement, pension and

survivors' benefits

- 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 dismissalsProhibition of discrimination

DEU HoD

Globalisation Free trade routes Comprehensive

Approach

Demographic change &competition with industry

Asymmetrical threat

Migration flows

Suspension of compulsory military service

Disaster control

"Withdrawal" from large areas

Participation in int. operations

DEU HoD

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...

DEU HoD

- Adaptation of legislation (modernisation)- Communication with employees- Consideration of employers' interests- Making or keeping reserve duty attractive

DEU HoD

Presentation on Employment Protection – A German Perspective

Major (GS) Felix LeendertzSO DEU Delegation NRFC