Release from military service

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In Germany , exemption from military service is basically a measure for professional development for soldiers on time (SaZ) of the Bundeswehr .

Legal right to exemption

Legal entitlement to release from military service exists if the employment relationship of a temporary employment service was established before July 26, 2012 (entry into force of the Bundeswehr Reform Accompanying Act) and no further obligation occurred after May 23, 2015. The legal basis is § 102 i. V. m. § 5 a. F. Soldiers Supply Act (SVG). For long-term volunteers with a commitment period of at least six years, there is an entitlement to three months of leave of absence, for long-term volunteer workers with at least eight years of commitment period of 15 months and for temporary workers with at least twelve years commitment period of 24 months before the end of the service period. The exemption is only granted if a school or professional training or further education sponsored by the vocational training service of the Bundeswehr is carried out.

During the release phase the soldiers are to a service post similar construct (DPäK) added ; either at your last military post or at one in close proximity to your training facility. The disciplinary superior of the military service formally exercises disciplinary authority over the released soldier. In 2018, 5,900 soldiers were transferred to a post-like structure due to their exemption from military service.

If a qualification that can be used in a civilian profession has been acquired during the period of employment, the claim for indemnification according to § 5 Paragraph 6-10 a. F. SVG abbreviated.

Officers with a degree are not entitled to exemption ( Section 5 (9) old version SVG). There is also no legal entitlement to leave of absence for taking up a regular employment relationship (no training relationship).

The institute of legal entitlement to exemption from military service in order to participate in professional development measures is expiring. SaZ, whose employment relationship was established from July 26, 2012, instead have an extended right to professional advancement after their military service. Participation in a career orientation internship is an exception . SaZ who were not recruited to a higher rank due to their civilian professional training or who did not receive any civilian vocational training or further education (including university studies for officers) during their period of service are entitled to three of them before the end of their period of service To participate in professional orientation internships, each lasting one month, provided that they have committed themselves for at least twelve years. If you have committed yourself for at least 20 years (SaZ 20 and higher), you are entitled to an additional one-month internship.

The rights and duties as a soldier basically continue to exist during the release phase, with the exception of the duty to provide service.

Discretionary exemption

As far as the implementation of the Promotion Plan of the Vocational Training Service for integration into civilian working life required , may exceptionally be granted by the military service exemption ( § 5 para. 11 SVG). For this purpose, the Vocational Promotion Ordinance (BFöV) specifies that a full-time vocational training measure can exceptionally be funded up to three months before the end of the service period (for 20-year-olds and above: six months) if the start of the measure cannot be changed and the funding means that one Delay in the implementation of the funding plan is avoided. As a discretionary measure, those eligible for funding can be released from the military service to participate in the measure. The Bundeswehr Career Center - Vocational Promotion Service - decides on the exemption on the basis of an opinion from the next disciplinary superior and in agreement with the personnel processing office. The exemption can be revoked in accordance with Section 20 (3) sentence 2 BFöV .

The exemption period reduces the reference period of the transition fees , except for temporary employment service 20 and above.

According to Section 7 (3) SVG, a temporary employment service with an obligation of at least four years with an increased need for professional orientation can take part in a professional orientation internship with a duration of one month before the end of his service life while being released from military service. SaZ 20 and higher can enable participation in two professional orientation internships. An increased need for professional orientation is regularly recognized by the professional development service. Every professional soldier whose employment relationship ends due to incapacity to work can be granted exemption from military service in order to take part in a necessary professional orientation internship ( Section 40 SVG).

Leave of absence outside of professional development

Incidentally , a Level 1 disciplinary superior can grant time off work to the extent of the necessary absence, provided there is no entitlement to special leave , e.g. B. for necessary administrative procedures. In other cases, e.g. B. Parental leave, we do not speak of exemption from military service, but of leave with or with no benefits in kind or in cash.

Web links

Individual evidence

  1. ^ Information from the Commissioner for the Armed Forces - Annual Report 2018 (60th report). In: http://dip21.bundestag.de/ . Defense Commissioner of the German Bundestag , January 29, 2019, accessed on September 7, 2019 .