Incorporation certificate

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An integration certificate ( E-certificate ) entitles former soldiers in Germany for a period of time in the Bundeswehr to apply for reserved positions in the public service . It enables the immediate transition from the employment relationship of a soldier to that of an official . The integration of soldiers into the public service is part of the duty of care ( Section 31, Paragraph 1 of the Soldiers Act (SG)) of the federal employer towards his (including former) soldiers and an expression of the bond between the state and soldiers through mutual loyalty. ( § 1 Paragraph 2 SG)

If a soldier seeks employment as a public service employee , he cannot assert any claims from the incorporation certificate. Rather, the registration certificate (Z certificate) would be an option for him .

Eligibility requirements

There is a right to an integration certificate at the end of the service period if the soldier's service relationship ends due to the expiry of a fixed period of service of twelve or more years. Alternatively, there is a claim if the soldier has committed himself to a service period of twelve or more years, but his service period has initially been set for a shorter period with regard to special training and he has served a service period of at least four years. ( Section 9 (1) Soldiers Supply Act (SVG)) An integration certificate is only granted upon application . A legally binding conviction in judicial disciplinary proceedings for a downgrading of rank excludes the issuing of an integration certificate ( Section 9 (3) sentence 3 SVG), as does a legally binding removal from the employment relationship because this did not end at the end of the fixed period of service.

Procedure

The integration certificate is handed out at the end of the term of employment. Before that, the soldier receives a certificate stating that he will be given the incorporation certificate at the end of his service life. The receipt of the integration certificate must be confirmed in writing. After being hired as a civil servant, the original incorporation slip is added to the civil servant's personnel file. In practice, the soldier can get it back after making a copy.

Those who are entitled to the integration certificate must formally register with the reservation office . These are set up in every federal state and for the federal government (there at the Federal Office of Administration ). As a rule, soldiers de facto regularly apply for a job advertisement from a recruiting authority, whereby they should indicate their status as beneficiaries. The reservation unit provides them with information on advertisements from the authorities for which they have expressed an interest in hiring the reservation unit. De jure, holders of an integration certificate apply to the reservation units and are assigned to the recruiting authorities by them according to their suitability and inclination. ( Section 10 (4) SVG)

Legal consequences

Upon receipt of the integration certificate, the entitlement to school and vocational training under the Soldiers' Welfare Act by the Bundeswehr's vocational advancement service expires . The soldier can apply for reserved positions with the integration certificate. Federal, state and local authorities with more than 10,000 inhabitants must reserve every sixth position for employment in the middle service and every ninth position in the upper service for holders of an integration certificate. ( § 10 Abs. 1 SVG) This does not apply to the police force . ( Section 10 (3) No. 1 SVG) There are also no reserved positions in the higher service .

As a rule, the soldier has to pass a selection procedure for the civil service position, but only competes with the applicants for the reserved positions, not with the other applicants. If you pass the preparatory service career test (or a comparable one), the employer must take on the incorporation certificate holder into a permanent employment relationship (usually a probationary civil servant ).

Extension of service and dismissal

The period of service of a soldier who has been informed of the existence of the right from the incorporation certificate and who has not yet been appointed as a civil servant (usually a civil servant on revocation ) at the end of the fixed period of service is necessarily extended by a maximum of up to his appointment as a civil servant a year and a half. ( Section 40 (3) SG). Claims resulting from the originally set period of service remain unchanged. During the extension of the service period, measures by the Bundeswehr vocational promotion service are no longer approved. If a soldier applies for the expiry of the right from the incorporation certificate within this period of service, the period of service ends at the end of the month in which the expiry of the right from the incorporation certificate has been determined beyond dispute. ( Section 54, Paragraph 1, Clause 2 of the Soldiers Act (SG)) The contestation period ends one month after it has been established, unless the soldier irrevocably waives his right of objection beforehand, which means that he can reach an earlier release date.

If the soldier is appointed civil servant, he is released from military service by law. ( Section 55, Paragraph 1, Clause 3 in conjunction with Section 46, Paragraph 3a, Clause 1 SG) A dismissal order ( administrative act ) is not required.

Compensation payments

Holders of an incorporation certificate are entitled to compensation payments . ( § 11a SVG) In return, you are no longer entitled to payment of transitional fees . ( Section 11 SVG) The transitional allowance is reduced by 75 percent. ( Section 12 (3) sentence 1 SVG)

The amount of compensation is the difference between the basic salary of the last month of service as a soldier and the salary as a civil servant. Initially, these are mostly candidates (civil service law) salaries as civil servants on revocation in the preparatory service. Since only the basic salary is relevant, z. B. position allowances as a soldier or civil servant not taken into account, d. H. if a position allowance is granted as a civil servant, this does not reduce the compensation payments. For the remuneration of the last month of service as a soldier, the salary group and the level of experience are decisive, but not the actual amount. As a result, pay increases for soldiers lead to increases in compensatory pay, unless the civil servant's pay increases to a greater extent at the same time. The former soldier is obliged to report changes to his civil servant pay to the compensation payment office (Federal Office of Administration - Service Centers) as long as he is entitled to compensation payments.

The compensation payments are paid for a maximum of ten years or until the basic salary from the employment relationship as a civil servant exceeds that of the last salary as a soldier. The entitlement also ends if the civil servant relationship ends after being appointed civil servant for life .

Expiry of the right from the incorporation certificate

The right from the integration certificate, including the right to payment of compensation, expires for its owner if he culpably fails to comply with a request to participate in the integration procedure, if he no longer strives to be a civil servant or if he no longer strives for employment with the help of the integration certificate has been rejected for reasons of civil service law, the civil service relationship established with the aid of the integration certificate has ended for a reason for which he is responsible before the appointment as civil servant for life or the civil service relationship established with the aid of the integration certificate has ended for disciplinary reasons. ( Section 9 (5) SVG)

A registration certificate can be applied for after the incorporation certificate has been returned ( Section 9 (3) sentence 2 SVG).

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