Presentation on Employment Protection – A German Perspective
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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

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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


100%

100%


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


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