Service obligation
A service obligation is a state obligation of people to perform certain services, such as military service or comparable services. In a figurative sense, the term is also used for work ordered by the employer in an emergency .
history
Since the Wars of Liberation in 1813/14, the introduction of general conscription in Prussia through the law on compulsory military service of September 3, 1814, was an integral part. This was associated with a fundamental upgrading of the soldier's status, because until then common soldiers had been considered socially declassed. Military service, to which the sons of the nobility and the bourgeoisie were drafted, was now regarded as service of honor and the army as the “school of the nation”. Conscripts from the “educated classes” could register as “ one-year volunteers ” and after this year had the prospect of being able to train to become reserve officers (which was associated with a lot of social prestige). As a result of the entry into force of the obligation to do military service for the North German Confederation
Conscription , abolished after the First World War , was reintroduced with the Defense Act of May 21, 1935. As a result, for the first time in German history, women could also be conscripted into military service.
"In addition to compulsory military service, every German man and woman is obliged to serve the fatherland during the war."
This created the legal prerequisites for the Wehrmacht assistant , who was used in the war. In addition, according to the law for the Reich Labor Service, a six-month labor service had to be performed beforehand, which could actually only be started from the age of 18, but which was used during the war at 17. In 1943, the National Socialists introduced a service obligation for “tasks of the Reich Defense” in order to use all available resources in the Total War , which included men between the ages of 16 and 65 and women between the ages of 17 and 45, and which extended their working hours extended up to 14 hours.
Article 12a of the Basic Law for the Federal Republic of Germany , which was introduced in the course of rearmament in 1956, standardized military service and other civilian service obligations under the designation "service obligations". In the event of tension or a state of defense, the Federal Government can issue an obligation to provide civilian services for defense purposes including the protection of the civilian population in employment relationships within the framework of the Occupational Safety and Health Act.
An obligation to serve the current German labor law in terms of a full management rights of the employer there is not it. The limits of this right of the employer to issue instructions result from the employment contract , the job description, a collective agreement , corresponding works agreements , any duty rosters and finally from the existing legal regulations. The workers must follow in exceptional cases of emergency because of its fiduciary duty to the employer but also instructions in his work-free time and need for. B. perform a job if an otherwise impending irreparable damage cannot be averted by the company in any other way. However, unreasonable instructions from the employer do not have to be followed, not even temporarily, by the employee.
literature
- Human rights, civil liberty, state constitution. Kamp, Bochum 1964, ISBN 3-592-87010-6 .
- Andreas Ahammer, Stephan Nachtigall: 5 plus 1 - conscription of the future in social service. Nomos, Baden-Baden 2009, ISBN 978-3-8329-4710-1 .
- Right of instruction . Online manual labor law
Individual evidence
- ↑ The law concerning the obligation to do military service for the North German Confederation should later become relevant for the entire German Empire .
- ^ Reichsgesetzblatt 1935 I, pp. 769–771.
- ↑ Wolfgang Hromadka , Unreasonable instruction not binding !? , NJW 2018, 7
