Occupational Safety Act
| Basic data | |
|---|---|
| Title: | Law on Ensuring Labor Services for Defense Purposes, including the Protection of Civilians |
| Short title: | Occupational Safety Act |
| Abbreviation: | ASG (not official) |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Disaster and military law |
| References : | 800-18 |
| Issued on: | July 9, 1968 ( Federal Law Gazette 1968 I p. 787 ) |
| Entry into force on: | July 9, 1968 |
| Last change by: | Article 24 of the law of August 4, 2019 ( Federal Law Gazette 2019 I p. 1147 ) |
| Effective date of the last change: |
4th August 2019 |
| Weblink: | Text of the law |
| Please note the note on the applicable legal version. | |
The Law on Ensuring Work for the Purposes of Defense, including the Protection of Civilians , was created in 1968 under the Emergency Acts. In the event of defense or tension, as well as with the express authorization of an absolute majority in the Bundestag ( Art. 12a (5) GG in conjunction with Art. 80a (1) GG), it enables men to be drafted into civilian employment relationships for the purpose of Defense and protection of civilians. It thus standardizes a service obligation to maintain the state order. Women may only be obliged to serve in medical professions ( doctor , nurse ), since under Article 12a, Paragraph 4 of the Basic Law , women may under no circumstances be obliged to serve with a weapon.
May be required to serve in the armed forces , the authorities of the Federal Government, the states and municipalities, the institutions of civil protection, companies in the electricity and water supply and waste and sewage, hospitals and nursing homes, oil refineries, transportation companies , including shipping companies , the Federal successor companies Post , Postbank and Telekom as well as the German air traffic control . Certain groups of people are exempt from compulsory service, including the severely disabled , severely disabled and accident victims, carers, members of the highest constitutional organs of the Federation ( Bundestag and Bundesrat ), judges and clergy of the Protestant and Catholic Church. Civil servants can only be hired with the consent of the employer.
The law has never been applied before.
Restriction of fundamental rights
After Zitiergebot sets § 39 ASG noted that by law, the right to physical integrity (Article 2 para. 2 sentence 1), the freedom of the person (Article 2 para. 2, sentence 2), the freedom of movement (Article 11, para. 1 ) and the freedom of occupation (Article 12 (1)) of the Basic Law can be restricted.
regulation
The Federal Employment Agency can be obliged to carry out the measures contained in the law by means of a federal ordinance . To this end, the federal government has issued the ordinance on the determination and coverage of the demand for labor in accordance with the Occupational Safety Act on the basis of Section 34 of the Act .
