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DEU HoD Presentation on Employment Protection – A German Perspective Major (GS) Felix Leendertz SO DEU Delegation NRFC Agenda DEU HoD Starting point: civilian occupation and reserve duty Development of German legislation German legislation Further development of the existing framework Challenges/way ahead DEU HoD 100% 100% DEU HoD EMPLOYER: RESERVIST: Compensation (money) Job reservation Qualification No career disadvantages Possible further advantages (tax breaks, etc.) Predictability 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 Support of employers' personnel-related measures (short-time work, sabbaticals, etc.) 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 Act Conscripts and Dependants Maintenance Act Military 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 - 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 DEU HoD Globalisation Free trade routes Participation in int. operations Comprehensive Approach "Withdrawal" from large areas Migration flows Disaster control Asymmetrical threat Demographic change & competition with industry Suspension of compulsory military service DEU HoD Statutory regulations for the existing compulsory military service are more focused on protecting the conscript (employee) 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... The principle of voluntariness grants employers greater influence on exemption for reserve duties 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 Leendertz SO DEU Delegation NRFC