Aptitude Exercise Act

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Basic data
Title: Law on the influence of aptitude exercises of the armed forces on contractual relationships of employees and commercial agents as well as on civil servant relationships
Short title: Aptitude Exercise Act
Abbreviation: EÜG
Type: Federal law
Scope: Federal Republic of Germany
Legal matter: Military law , labor law
References : 53-5
Issued on: January 20, 1956
( Federal Law Gazette I p. 13 )
Entry into force on: January 26, 1956
Last change by: Art. 11a G of 11 December 2018
( Federal Law Gazette I p. 2387 )
Effective date of the
last change: 		December 15, 2018
(Art. 34 G of August 4, 2019)
Weblink: Text of the EÜG
Please note the note on the applicable legal version.

The Suitability Exercise Act ( EÜG ) provides for participants in a suitability exercise of the Bundeswehr comparable regulations as the Workplace Protection Act for people who are called up for basic military service or for a military exercise . A proficiency exercise is an exercise to select volunteer soldiers. As a federal law, the law goes beyond the state regulations, e.g. B. in state civil servant law. As a lex specialis , it takes precedence over other provisions of labor law .

Regulations for employees

If an employee takes part in a fitness exercise, his employment relationship is suspended for up to four months. ( § 1 1 para. S. EUEG 1) A temporary employment is determined by the convening not extended to a fitness exercise. ( § 3 Hs. 1 EÜG) The employer may not terminate the employment relationship during the aptitude exercise; the employee enjoys protection against dismissal . ( Section 2 (1) sentence 1 EÜG) If the employee remains in the armed forces as a voluntary soldier after the fitness exercise, the employment relationship ends at the end of the fitness exercise. ( Section 3 (1) sentence 1 EÜG) A work apartment must be granted for the duration of the aptitude exercise. ( Section 4 (1) sentence 1 EÜG) The contractual relationship between a commercial agent and an entrepreneur is not resolved by the commercial agent's participation in an aptitude exercise. ( Section 5 (1) sentence 1 EÜG) Participation in an aptitude exercise must not result in any disadvantage for the employee in professional or operational terms and the commercial agent in his contractual relationships with the entrepreneur; there is a prohibition of discrimination ( § 6 Abs. 1 S. 1 EÜG)

Regulations for civil servants and judges

An official or judge who is called up for a fitness exercise is for the duration of fitness exercise without remuneration on leave. ( Section 7 (1) sentence 1 EÜG) The civil servant or judge may not be dismissed on the occasion of participating in a fitness exercise. ( Section 7 (2) sentence 1 EÜG) The civil servant or judge must not suffer any disadvantage from participating in a fitness exercise. ( Section 7 (3) sentence 1 EÜG) The preparatory service is extended by the time of the aptitude exercise. ( Section 7 (4) sentence 1 EÜG) If the civil servant or judge remains in the armed forces as a voluntary soldier after the fitness exercise, he is dismissed from his previous employment upon takeover. ( Section 7 (5) EÜG) If the civil servant or judge voluntarily continues the aptitude exercise beyond four months, he is generally released from his previous employment at the end of the four months. ( Section 7 (6) sentence 1 EÜG)

Effects on social security

Participation in a fitness exercise does not affect existing compulsory or voluntary insurance with a statutory health insurance provider or existing long-term care insurance . ( Section 8 (1 ) sentence 1; Section 8a (1) EÜG) If the participant in a fitness exercise was last compulsorily insured in the statutory pension insurance before the start of the fitness exercise and if he does not remain in the armed forces, the federal government generally has the contributions upon request for the periods of participation in the fitness exercise in the amount in which they have been paid on average over the last three calendar months with full compulsory contributions before the beginning of the fitness exercise. ( Section 9 (1) sentence 1 EÜG) People who take part in a fitness exercise are subject to unemployment insurance; however, the federal government pays the full contribution. ( § 10 S. 1 f. EÜG)

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