Workplace Protection Act
| Basic data | |
|---|---|
| Title: | Law on the protection of the workplace when called up for military service |
| Short title: | Workplace Protection Act |
| Abbreviation: | ArbPlSchG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Military law , labor law |
| References : | 53-2 |
| Original version from: | March 30, 1957 ( Federal Law Gazette I p. 293 ) |
| Entry into force on: | April 1, 1957 |
| New announcement from: | July 16, 2009 ( BGBl. I p. 2055 ) |
| Last change by: |
Art. 17 G of 4 August 2019 ( Federal Law Gazette I p. 1147, 1162 ) |
| Effective date of the last change: |
January 1, 2020 (Art. 34 G of August 4, 2019) |
| GESTA : | H002 |
| Weblink: | Text of the ArbPlSchG |
| Please note the note on the applicable legal version. | |
The Workplace Protection Act governs the protection law , the prohibition of discrimination for workers in home working employees, sales representatives , officials and judges in connection with the convocation for military service or a military exercise . During this time the employment relationship is suspended . From the date of notification of the convening of communication to be submitted to the employer without delay to the completion of basic military service and during a military exercise of employee enjoys protection against dismissal . Accordingly, a civil servant or judge may not be dismissed. Before and after military service, homeworkers on the occasion of military service may not be disadvantaged when it comes to the issuance of homework compared to other homeworkers of the same client or interim master. The contractual relationship between a commercial agent and an entrepreneur is not dissolved by convening.
A temporary employment relationship is not extended by the convocation. Does the employer compulsory redundancies make, can the ends to Dismiss the military service of an employee will not be considered for its disadvantage in the selection; the burden of proof for this lies with the employer. The right to terminate for an important reason remains unaffected by the Occupational Safety and Health Act, whereby the convocation does not count as an important reason. Exceptions apply to small businesses.
As a federal law, the Occupational Safety and Health Act is of higher value. As a lex specialis , the law intervenes in civil service law as well as in labor law .
Participants in a fitness exercise are not covered by the Workplace Protection Act. It protects the aptitude exercise law .
literature
- Heinz Sahmer, Andreas Busemann: Workplace Protection Act . Loose-leaf commentary, status: 2007, Erich Schmidt Verlag, ISBN 978-3-503-00832-2 .
- Beck Verlag, Erfurt commentary on labor law.
- Fürst, General Commentary on Public Service Law, Volume 1, Civil Service Law of the Federation and the States, Judicial Law and Military Law, Lose-Leaf Collection.
Individual evidence
- ↑ See BAG v. November 14, 1963, AP No. 2 to § 4 ArbPlSchG.
- ^ Federal Ministry of Labor and Social Affairs: Jo B. Das Job-Lexikon. Clausen & Bosse. Leak, 2006.
Web links
- Text of the Workplace Protection Act
- Federal benefits under the Workplace Protection Act (ArbPlSchG) and the Fitness Exercise Act (EÜG). In: https://www.personal.bundeswehr.de/ . Organizational area personnel of the Bundeswehr, December 17, 2018, accessed on August 26, 2019 .
