Soldier (Germany)

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Inspector General Eberhard Zorn , highest soldier in Germany

A soldier in Germany is in military service due to compulsory military service or voluntary obligation, which is aimed at ensuring the constant readiness for defense against attacks from outside. Soldiers form the military personnel of the Bundeswehr . The soldier and his employer , the Federal Republic of Germany, are linked by mutual loyalty ( § 1 SG ). After the civil servants and the judges , soldiers form the second largest status group in terms of numbers of people in public service and loyalty . Their number is 185,198 (July 2020) .

Legal basis and status

The Soldiers Act (SG) forms the basis for the legal status of soldiers . There their rights and duties, principles for establishing and terminating employment relationships and various types of employment relationships are regulated. The basic rights of soldiers can be restricted due to the official necessity in accordance with Article 17a of the Basic Law (GG). In addition, the basic right to life and physical integrity is restricted by the duty of faithful service ( Section 7 SG ) and the duty to keep soldiers healthy ( Section 17a SG ).

Contrary to the language practices of times past, between soldiers and officers differed, the term soldier in German law includes all ranks to General .

The soldiers are employed by the Federal Republic of Germany. The employer corresponds to the employer in an employment relationship under private law . In contrast to civil servants, states , community associations or municipalities , corporations , institutions or foundations under public law can not have soldiers.

Types of employment

The types of military service include the employment relationship of a professional soldier (BS), the employment relationship of a temporary soldier (SaZ), the voluntary military service as a special civic commitment (FWD; § 58ff. SG ), the reserve service relationship for the performance of honorary functions in the reserve organization Federal Armed Forces ( § 58a SG in conjunction with § 4 ResG ), military service in the form of services according to the fourth section of the Soldiers Act and - in the event of tension and defense - military service according to the conscription law .

Disabled persons who are in a military service relationship that is not for life can enter into a special type of military service that establishes the legal status of a temporary soldier ( Section 6 EinsWVG ).

Anyone who is called to attend an official event in accordance with Section 81 SG (official projects, in particular for military training, further education and training) is in military service. This also applies to the participants in a business event for information purposes .

Participants in an aptitude exercise have the legal status of a temporary soldier and are therefore in military service.

Services according to the fourth section of the Soldiers Act are:

The types of military service in the event of tension and defense according to the Conscription Act are:

Establishment of the employment relationship

appointment

The military service ratio is at soldiers on time and professional soldiers by appointment (one-sided, to cooperate and form requiring administrative ) reasons. The appointment is made by handing over a certificate of appointment and receiving it without objection. In contrast to employees in the public sector , the employment relationship does not arise from an employment contract . The appointments are to be made according to suitability , qualifications and professional performance ( Section 3 (1) SG in conjunction with Article 33 (2 ) GG ).

A prerequisite for an appointment to the employment relationship of a professional or temporary soldier is that the person is German within the meaning of Article 116 of the Basic Law . The Federal Ministry of Defense can allow exceptions in individual cases if there is an official need for this ( Art. 37 para. 2 SG ). In 2014 was the first time a non-German EU citizens , a Romanian and a medical doctor, a soldier on time in the employment relationship in the career of the officers of the Medical Service appointed.

Furthermore, the person to be appointed must guarantee to stand up for the free democratic basic order at all times and who have the character, mental and physical aptitude required to fulfill his duties as a soldier ( Art. 37 Para. 1 SG ). For this purpose, for example, a medical recruitment examination is carried out, a certificate of good conduct is requested or an unrestricted inspection of the federal central register is taken. He must not have been sentenced by a German court to imprisonment of at least one year for a crime or for an intentional act, be unable to hold public office as a result of a judge's verdict , or be subject to a measure of reform and security ( Art. 38 para. 1 SG ).

For persons whose first appointment as a professional or temporary soldier is intended, a simple security check (Ü 1) is to be carried out according to the Security Checks Act ( Art. 37 Para. 3 SG ). In addition to the career-specific recruitment requirements, for all appointments the person must have reached the age of 17 and completed compulsory schooling ( Section 8 (1) SLV ).

Attraction

In the case of a soldier who is called upon to perform a service (according to Section Four of the Soldiers Act, e.g. a military exercise), the employment relationship begins at the point in time that is specified in the notice of appointment for entry into service.

Actual soldier ratio

In all other cases, the soldier relationship begins with the start of service. With these so-called "factual soldiers", the z. B. may occur in temporary soldiers before the formal appointment, however, integration into the military service is a prerequisite.

Termination of employment

The termination of the military service relationship of a soldier depends on the type of service relationship. However, soldiers cannot terminate or be terminated under civil law , as there is no contractual employment relationship .

Professional and temporary soldiers

The employment relationship of a professional soldier generally ends when he enters or retires ( Section 43 (1) SG ). The entry into retirement takes place on reaching the general retirement age , for generals and Supreme as well as officers in the raceways of the medical service , the military music service and the Bundeswehr Geoinformation Service from age 65, for all other professional soldiers with their 62nd year ( Section 45 (1) SG ). However, the rule is the offset to retire upon reaching the specific age limit for professional officers, the general career perspective Lieutenant Colonel have achieved with the completion of the 61st year of life, for professional NCOs's 55th birthday ( § 45 para. 2 SG ).

The employment relationship of a professional soldier also ends with the conversion into the employment relationship of a temporary soldier, which can be done on request, but is only granted if there is a professional interest (e.g. excess staff) ( Section 45a (1) SG ).

The temporary employment relationship of a soldier ends with the expiry of the period for which he has been appointed to the employment relationship ( Section 54 Paragraph 1 Sentence 1 SG ).

Furthermore, the employment relationship ends with dismissal ( Section 46 SG ). Several facts can be decisive here. The soldier is dismissed (by law) if he loses his German citizenship ( Section 46 (1) SG ) or has been appointed as a civil servant. He is to be dismissed (administrative act) if, as a result of a judge's verdict, he does not have the ability to hold public office or is subject to a measure of reform and security . Other, non-exhaustive cases are if the appointment was brought about by coercion, fraudulent deception or bribery , the professional soldier refuses to take the oath , has been recognized as a conscientious objector or takes up residence outside Germany without authorization.

The soldier loses its status if it by a German court for a crime to imprisonment of one year or convicted is ( § 48 SG ).

Professional and temporary soldiers can be removed from employment in a judicial disciplinary procedure.

The professional soldier can in principle demand his release at any time. A soldier on a temporary basis will only be dismissed on his application if remaining in service would mean particular hardship for him ( Section 55 (3 ) SG ). Temporary soldiers are generally tied to the period of service to which they have voluntarily committed. A common method used by temporary soldiers who still want to be released earlier is to apply for conscientious objection ( § 2 KDVG ). If this is successful, the soldier is to be dismissed for a period of time ( Section 55 (1) No. 1 in conjunction with Section 46 (3 ) SG ), whereby the reasoning for the application is increased due to the previous voluntary obligation to serve in the armed forces Requirements are made. As a matter of principle, the temporary soldier loses all entitlements to professional advancement and service time provision under the Soldier Supply Act ; Costs for civilian usable training or studies are to be reimbursed.

A soldier is to be dismissed and a professional soldier to be retired if he is incapacitated . It can also be regarded as incapacitated if the ability to fulfill official duties cannot be expected to be restored within one year ( Section 44 (3); Section 55 (3 ) SG ).

A temporary soldier can be dismissed during the first four years of his service if he no longer meets the requirements that must be placed on him in his career . A candidate should be dismissed if he is unsuitable for the position he is a candidate for, e.g. B. a candidate officer is not suitable as an officer ( Section 55 (4 ) SG ).

A temporary soldier can be dismissed without notice during the first four years of service if he has culpably violated his official duties and if remaining in his employment relationship would seriously endanger the military order or the reputation of the Bundeswehr ( Section 55 (5 ) SG ).

Service providers

The services of those doing military service according to the Military Service Act (WPflG) and the fourth section of the Soldiers Act as well as of those doing voluntary military service according to § 58b SG end through dismissal, exclusion or conversion into a civil service relationship ( § 28 No. 3 WPflG ).

Dismissal takes place, for example, when the time set for the service has expired, through recognition as a conscientious objector, through being indispensable or because of incapacity to work. Exclusion occurs e.g. B. if a service provider has been sentenced by a German court for a crime to a prison term of at least one year.

Areas of application

Soldiers are generally used in the Bundeswehr.

Soldiers generally serve in the armed forces of the Bundeswehr . The armed forces are the six military divisions of the army: the three branches of the armed forces Army , Air Force and Navy as well as the Central Medical Service of the Armed Forces , the Joint Support and organization area cyber- and information space and the Inspector General of the Bundeswehr directly subordinated to military authorities . In addition, there are also a few posts to be filled with soldiers in the Bundeswehr administration and in the civil organizational areas of military chaplaincy and the administration of justice in the Bundeswehr . Soldiers are also used in the Federal Ministry of Defense , which is not formally part of the Bundeswehr itself, in the Military Counter-Intelligence Service (MAD), the Federal Intelligence Service (BND), which is subordinate to the Federal Chancellery and is responsible for military intelligence abroad , in NATO offices and staffs , the division of the Foreign ministry to embassies as military attaché as well as on leave soldiers in private companies in the federal property, such as BWI , BwFuhrparkService , HIL and LHBw .

The use of soldiers on a post and their position depends on the represented areas of application beyond the branch of service or order of use , from the rank and career as well as the usage service from.

Career paths and career groups

The decisive legal basis for the career paths and career groups of soldiers is the Soldiers' Career Ordinance (SLV). There are 32 careers, 16 of which are reserve careers. Each soldier's career is assigned to a career group ( Section 3 SLV ). The allocation results from Annex 3 (to § 3) of the SLV . The careers are assigned to the careers groups of the teams (six careers), the NCOs (6 careers of the NCOs and 10 of the sergeants) and the officers (10 careers). The careers of the career group of the teams correspond to those of the simple service , the non-commissioned officers of the middle service and the officers of the higher ( rank group of lieutenants and captains ) and higher service (rank group of staff officers and generals ) - measured by the classifications in the federal salary regulations A and B.

Teams

The career group of the teams comprises the following careers:

  1. Career of troop service teams,
  2. Careers of the medical service teams ,
  3. Career of military music service teams ,

NCOs

The career group of NCOs is divided into the careers of specialist NCOs and the careers of sergeants :

Careers of the NCOs are

  1. Career of the NCOs of the general technical service ,
  2. Career of the medical service NCOs,
  3. Career of the NCOs of the military music service.

Careers of sergeants:

  1. Career of sergeant in service,
  2. Career of sergeants in the medical service,
  3. Career of sergeants of the military music service,
  4. Career of sergeants of the geoinformation service of the armed forces ,
  5. Career of sergeants in general specialist service.

Officers

The officer career group comprises the following careers:

  1. Career of military service officers,
  2. Career of medical officers,
  3. Career of military music officers,
  4. Career of officers of the geoinformation service of the Bundeswehr,
  5. Career of officers in the military technical service .

Reserve tracks

There is a reserve career path for each of the three career groups listed above.

Ranks and rank groups

Rank badge of the army

Every soldier has a rank . Soldiers who have retired from military service may add their rank with the addition of “the reserve” (generally speaking), provided they have not lost their rank or, as a former professional soldier, are entitled to add their rank with the addition of “ out of service ” (a. D .) ( § 2 Abs. 1 ResG . The Federal President sets the rank designations of the soldiers in principle ( § 3 Abs. 4 SG ). To this end, he has issued the Federal President's order on the rank designations and the uniform of the soldiers . There are 85 grade designations. army and Air Force have basically the same grade designations. In the medical service of the armed forces partially different grade designations are made by subject direction ( human / dentistry , veterinary , pharmacist ) and Uniform area (army / air force or navy). Only officer members bear the grade designations Fahnenjunker or Seekadett , Ensign or Ensign of the Sea and Oberfähnrich or Oberfähnri ch at sea . Except for the rank designations just mentioned, a corresponding abbreviation in brackets is appended to those of the candidate in written use: ( OA ), ( FA ) or ( BA ), ( UA ) or ( MA ). Only officers of the military technical service can achieve the rank of staff captain or staff captain lieutenant ( BBesO A 13, corresponds to the senior government official ).

In addition to the career groups, soldiers can be divided into rank groups. These are mainly relevant for the authority to command within enclosed military installations in and out of service ( Section 4 (3 ) VorgV ). There are the following seven grade groups:

number

Distribution of military personnel in the Bundeswehr (%)

The Bundeswehr comprises a total of 185,198 active soldiers. They are distributed as follows:

  • Federal Ministry of Defense: 1,123
  • departments directly subordinate to this: 3,257
  • Force Base: 27,915
  • Central medical service: 20,028
  • Army: 64,303
  • Air Force: 27,719
  • Navy: 16,757
  • CIR: 13,439
  • Infrastructure, environmental protection, services: 972
  • Equipment, information technology, use: 1,694
  • Personnel area: 7,991, including up to 5,400 students at the Bw universities

The Bundeswehr currently comprises 54,015 professional and 122,455 regular soldiers (total: 176,470) as well as 8,728 volunteers doing military service.

The Bundeswehr has 23,049 women soldiers.

uniform

Soldiers during an exercise

Soldiers are generally required to wear a uniform. The way of wearing and the design are based on the "Central Regulation A1-2630 / 0-9804 - Dress code for soldiers in the Bundeswehr". Usually the soldier wears the field suit . There is also the service suit , which varies depending on the area of ​​uniform wear (army, air force, navy), as well as the sports suit. Voluntarily and at their own expense can full dress be purchased, which is worn only on ceremonial occasions. There are numerous modifications and additions to all types of suits.

In addition, soldiers have special regulations for hair and beards, cosmetics, fingernails, jewelry, body modifications and body painting, and accessories.

Duties

The soldier has the duty to serve the Federal Republic of Germany faithfully and to defend the rights and freedom of the German people valiantly ( § 7 SG ). This is also referred to as the basic duty of the soldier and is a “catch-all” unless there are special military duties.

The soldier must recognize the free democratic basic order and stand up for its preservation through his entire behavior ( § 8 SG ).

Professional and temporary soldiers have to take an oath of service ( Section 9 (1) SG ). The refusal leads to dismissal. Soldiers who do voluntary military service according to § 58b SG or military service according to the WPflG acknowledge their duties by means of a solemn pledge ( § 9 Paragraph 2 SG ). The refusal to undertake leads to exclusion from promotions.

The superiors' duties ( § 10 SG ) include setting an example through behavior and the fulfillment of duties, supervising the service and taking responsibility for the discipline of the subordinates, taking care of the subordinates, giving orders only for official purposes and only in compliance with the rules of the To issue international law , statutes and service regulations , to take responsibility for orders and to enforce them in the manner appropriate to the circumstances. Officers and NCOs must also maintain the restraint in their statements, both inside and outside of the service, which is necessary in order to maintain trust as superiors.

The soldier must always obey his superiors. To the best of his ability he must carry out your orders completely, conscientiously and immediately. An order must not be obeyed if doing so would commit a crime ; Merely committing an administrative offense (e.g. an order to exceed the permissible maximum speed) is not sufficient. Orders do not have to be obeyed if they were not given for official purposes or if they violate human dignity ( Section 11 SG ).

The duty of comradeship obliges all soldiers to respect the dignity, honor and rights of comrades and to stand by them in need and danger. This includes mutual recognition, consideration and respect for other people's views, because solidarity in the Bundeswehr is essentially based on comradeship ( Section 12 SG ).

The soldier must tell the truth in official matters . A report may only be requested if the service justifies it ( § 13 SG ).

Even after leaving military service, the soldier must maintain secrecy about matters that have come to his attention during his official work ( Section 14 (1 ) sentence 1 SG ).

In service, the soldier is not allowed to work in favor or against a certain political direction, which does not affect the right to express his own opinion in conversation with comrades. The soldier may not wear a uniform at political events and, as a superior, may not influence his subordinates for or against a political opinion ( § 15 SG ).

Abroad, the soldier is denied any interference in the affairs of the country of residence ( Section 16 SG ).

The soldier has to maintain discipline and to respect the official position of the superior in his person also outside of the duty. His conduct must do justice to the reputation of the Bundeswehr as well as the respect and trust that his service as a soldier requires ( Section 17 (1) f. SG ).

The soldier has to do everything in his power to maintain or restore his health. He may not damage his health willfully or through gross negligence . If he mutilates himself in order to evade military service, this is not just a breach of duty, but a military crime ( Section 17 WStG ). The soldier must tolerate medical measures against his will under certain circumstances ( § 17a SG ).

On official orders, the soldier is obliged to live in communal accommodation and take part in communal catering ( Section 18 SG ).

Even after retiring from military service, the soldier may not demand any rewards, gifts or other benefits for himself or a third party in relation to his official work, or allow himself to be promised or accepted ( Section 19 (1) sentence 1 SG ).

Professional soldiers and temporary soldiers must, in principle, obtain approval for the exercise of paid secondary employment ( Section 20 SG ). Under certain circumstances, a permit requirement may also exist for unpaid work and for work after military service ( Section 20a SG ).

Punishment for breaches of duty

If a soldier culpably violates the duties incumbent on him, he commits a service offense ( § 23 SG ), which can have disciplinary consequences. In Germany, formal disciplinary law for soldiers is regulated in the Military Disciplinary Code (WDO). The proceedings can be conducted as simple or judicial disciplinary proceedings .

If facts become known that justify the suspicion of an official offense, the disciplinary superior has the duty to initiate disciplinary proceedings ( Section 32 (1) SG). The soldier must be informed immediately about the initiation of disciplinary proceedings as soon as this is possible without endangering the clarification of the matter ( Section 32 (4) SG).

The nature and severity of the service offense and its effects, the level of guilt of the soldier, his personality, his previous leadership and his motives must be taken into account in the type and extent of the disciplinary measure ( Section 38 (1) WDO ).

If a soldier commits a service offense that is also a criminal offense (e.g. simple bodily harm , damage to property ), the disciplinary superior can inform the public prosecutor if this is necessary to maintain military order or because of the nature of the act or the guilt of the perpetrator. If it is an official offense (e.g. dangerous bodily harm , drunk driving, manslaughter ), the public prosecutor must be informed. Was the misconduct is a military offense (z. B. degrading treatment, desertion , mutilation) committed, it must be informed also the prosecutor.

The soldier can face both criminal prosecution and disciplinary action. This does not violate the prohibition of double punishment under Article 103, Paragraph 3 of the Basic Law , since disciplinary law and criminal law have different intentions. Disciplinary proceedings may be suspended during the criminal proceedings. The employer must continue the judicial disciplinary proceedings at the latest when the criminal proceedings have been legally concluded ( Section 83 Military Disciplinary Code ).

An off-duty offense can also be an offense if the soldier's behavior does not do justice to the reputation of the Bundeswehr or the respect and trust required by his service as a soldier ( Section 17 (2) SG).

The ordinary judiciary is responsible for criminally relevant behavior by soldiers . The establishment of military criminal courts is possible according to Art. 96, Paragraph 2, Clause 1 of the Basic Law , but not mandatory. Military criminal courts can only exercise criminal jurisdiction in a case of defense and against members of the armed forces who are sent abroad or embarked on board of warships. The federal government has not yet made use of this option.

Simple disciplinary procedure

The disciplinary superiors are responsible for the simple disciplinary procedure . In the case of soldiers, simple disciplinary measures in accordance with Section 22 (1) WDO are :

  • Reference,
  • strict reprimand,
  • Disciplinary fine,
  • Exit restriction and
  • Disciplinary arrest.

Disciplinary arrest and exit restrictions can be imposed side by side as well as, in the event of an unauthorized absence of the soldier for more than one day, exit restrictions and disciplinary fines or disciplinary arrests and disciplinary fines ( Section 22 (2) WDO).

Judicial disciplinary proceedings

The judicial disciplinary action takes place in the first instance before a troop service court , which decides by judgment ( § 58  ff. SG ). The troop service courts have a professional judge and two soldiers as honorary judges . Appellate instance either the first or the second conscientious Senate at the Federal Administrative Court , which are composed solely of professional judges.

Judicial disciplinary measures, which can only be taken against professional soldiers and soldiers for a limited period, are, in accordance with Section 58 Paragraph 1 WDO:

  • Reduction of salaries,
  • Ban on carriage,
  • Reduction in grade,
  • Downgrading and
  • Removal from employment.

Judicial disciplinary measures against retired soldiers are according to § 58 Abs. 2 WDO :

  • Reduction of the pension,
  • Reduction in grade,
  • Downgrading and
  • Withdrawal of retirement pension.

Rights and Care

The employer is obliged to give special care to his soldiers. State and soldiers are linked to one another by mutual loyalty ( § 1 SG ). The federal government has to ensure the welfare of its soldiers within the framework of the service and loyalty relationship. For temporary soldiers, this also applies after the end of their employment relationship, particularly with regard to integration into professional life. There is also the professional development service . The duty of care also extends to the families of professional and temporary soldiers ( Section 31 (1) SG ).

Care includes u. a. Alimentation (salary) commensurate with the grade, support in the event of illness and the granting of an appropriate pension .

Cash and benefits in kind

Professional and temporary soldiers are paid in accordance with the Federal Salary Act ( Section 1 (1) No. 3 BBesG ). These include the basic salary , which is based on the salary group and the level of experience, family allowances, official, job and hardship allowances, overtime payments, performance bonuses and allowances, bonuses and allowances for work in certain service areas and uses, as well as capital-building benefits .

Soldiers who do military service in accordance with the Conscription Act, voluntary military service in accordance with Section 58b of the Soldiers Act or Section 4 of the Soldiers Act receive military pay according to the Military Wages Act ( Section 1 (1) WSG ). The assignment of a grade to a salary group is based on Annex WSG or to a military salary group according to Annex I BBesG (federal pay regulations A and B) . Remuneration and military pay are generally paid monthly in advance.

Soldiers are provided with uniforms and equipment free of charge. In principle, officers are granted a one-time clothing allowance and monthly wear compensation for their uniforms . Uniforms, which belong to the operational and work equipment, as well as the equipment are provided to the officers free of charge.

Recipients of military service are provided with food and accommodation free of charge. If conscripts are exempt from participating in communal catering or if this cannot be provided, they will receive catering allowance . If professional and temporary soldiers do what is known as “ special service business ”, in which they are obliged to live in the communal accommodation and to take part in communal catering, these benefits in kind are also free of charge for them. In addition, professional and temporary soldiers can use their “green catering card” to obtain subsidized catering in a troop kitchen . The remuneration to be paid is based on the daily rate of the Social Insurance Remuneration Ordinance .

For uses abroad, a foreign surcharge ( § 53 BBesG ), rent subsidy ( § 54 BBesG ) and purchasing power compensation ( § 55 BBesG ) is granted, as well as a foreign use surcharge ( § 56 BBesG ) when participating in a special foreign use .

Care in case of illness

Soldiers generally receive medical care in the form of free medical care ( Section 69a BBesG ; Section 6 WSG ). Examinations and treatments in the civilian sector are possible by bank transfer. Treatment costs incurred during a private stay abroad will be reimbursed to the extent that they would be incurred in the case of similar treatment in Germany.

Professional and temporary soldiers are exempt from statutory health insurance during their service ( Section 6 (1) No. 2 SGB ​​V ).

Retired professional soldiers are entitled to benefits ( Section 31 (2 ) SG ). Soldiers can insure family members through the allowance under certain conditions. The provisions of the Federal Aid Ordinance (BBhV) apply.

Retirement benefits

The supply of former soldiers and their surviving dependents is based on the Soldiers Supply Act (SVG). Professional and temporary soldiers are exempt from statutory pension insurance ( Section 5 (1) No. 1 SGB ​​VI ), while the other service providers are generally subject to compulsory insurance.

The entitlement to the granting of pension payments regularly becomes effective upon retirement upon reaching the age limit, otherwise also in the event of early retirement due to incapacity. In the latter case, this leads to a reduction of up to 10.8 percent. The amount of this remuneration is then based on the one hand on the remuneration that the professional soldier was most recently entitled to in his active time, and on the other hand on the pensionable period of service, with 1.79375 percent being credited as the pension rate for each year of service. The maximum rate is 71.75 percent of the last salary, and 75 percent in the event of incapacity due to an accident at work. These percentages are multiplied by the factor 0.9901 ( Section 15 (1) Hs. 2 SVG ). This results in an actual pension entitlement per year of 1.775991875 percent and a maximum amount of 71.04 percent, in the case of occupational accidents of 74.2575 percent.

Professional soldiers receive a pension equal to the remuneration of their last rank if they have received the remuneration for at least two years. The pension payments are fully taxable for income tax ( Section 19 (2 ) EStG ).

Temporary soldiers are insured in the statutory pension insurance . The relevant gross earnings are increased by 20 percent ( Section 181 (2a ) SGB ​​VI ).

Professional soldiers who can be dismissed at their own request may, at the request of age money after age Benefit Act , received instead of being nachversichert in the public pension system.

Career advancement and service provision for temporary soldiers

The vocational promotion service helps soldiers integrate into civilian working life.

The services of vocational promotion and temporary service provision are intended to enable soldiers on a temporary basis to obtain individual qualifications based on their suitability, inclination and ability, to prepare them for the times of civilian vocational training and the search for work or employment, to secure these times financially and to provide temporary employment to the soldiers Support job and job searches. All vocational support services serve the appropriate integration into civil working life ( § 3 SVG ).

The professional development of temporary soldiers includes advice on questions of school and vocational training as well as integration into civilian employment, participation in training and integration measures during service, attending courses at a military college , promotion of professional training in public and private Educational institutions and aids for integration into civilian employment ( Section 3 (3 ) SVG ).

The temporary service provision for soldiers includes, among other things, the transitional fees , the compensation payments and the transitional allowance ( Section 3 (4 ) SVG ).

The body responsible for professional development is the professional development service .

unemployment insurance

Professional and temporary soldiers are exempt from statutory unemployment insurance. In principle, there are no claims to unemployment benefit , but temporary soldiers are entitled to transition fees . The other service providers are subject to insurance. The federal government pays the contributions, unless the employment relationship as an employee (collective wage earner) in the public service is suspended.

care insurance

Professional and temporary soldiers have to take out either voluntary social long-term care insurance or private long-term care insurance . For other service providers, existing social or private long-term care insurances remain fundamentally unaffected.

Submissions to the Armed Forces Commissioner

The Commissioner for the Armed Forces performs his duties as an auxiliary body of the Bundestag in exercising parliamentary control ( Section 1 WBeauftrG ). Every soldier has the right to contact the Armed Forces Commissioner directly without having to comply with official channels . Due to the fact that the defense commissioner has been called upon, he may not be disciplined or disadvantaged ( Section 7 WBeauftrG ). Anonymous entries are not processed ( Section 8 WBeauftrG ).

Compatibility of family and service

In order to be regarded as an attractive employer and to attract young people, the Bundeswehr endeavors to promote the compatibility of family and service for soldiers. Particular difficulties arise from the particularities of military service.

The Bundeswehr offers part-time and teleworking as well as assistance with childcare . Soldiers can also take parental leave. In hardship cases, a transfer close to home is made possible using a service post-like construct .

Other care and support

Care and support is also guaranteed by various institutions and offers. The Bundeswehr maintains its own military chaplaincy for its soldiers . The Bundeswehr's social service offers free, comprehensive advice and support in social matters. In addition, there are troops psychologists and forces doctors with psychotherapeutic orientation as a contact person. The bodies mentioned are integrated into the Bundeswehr's psychosocial network . The Bundeswehr also operates its own troop support station , Radio Andernach .

Leisure offices and family care centers have been set up in larger locations . There are also officers' , non-commissioned officers' and crew homes and soldiers' homes . For injured persons who z. For example, if you suffer from a post-traumatic stress disorder , there are special care offers such as so-called "guides". Use returnees have the option of a preventive health to participate.

From 2020, soldiers in uniform will be able to make private and business trips on long-distance and regional Deutsche Bahn services free of charge.

Human Resources Management

Personnel management for all soldiers is now carried out uniformly by the Federal Office for Personnel Management of the Bundeswehr . The soldier is fundamentally obliged to be able to be transferred nationwide and to take part in Bundeswehr missions abroad. The transfer rate is particularly high among officers because the aim is to have a broad range of applications. Relocations are often associated with a change of location.

Public liability

Damage caused by a soldier as a result of performing his duties is subject to the general regulations of official liability in Germany ( Section 839 (1) sentence 1 BBG in conjunction with Article 34 sentence 1 GG ). The state pays for the damages . There is a right of recourse against the soldier if he intentionally or grossly negligently breached his duties ( Section 24 (1 ) sentence 1 SG ).

Associations

The largest representation of the soldiers' interests is the German Armed Forces Association . The Association of Reservists of the German Federal Armed Forces also carries out reservist work as a borrower on behalf of the state.

The Bundeswehr Social Welfare Organization and the Bundeswehr Soldiers Relief Organization are self-help institutions for members of the Bundeswehr.

Veterans

The active and former soldiers of the Bundeswehr are officially called veterans , provided that the former soldier has not retired from military service with a loss of rank. Since then there have been more than ten million veterans in Germany. The veteran badge was awarded for the first time in 2019.

See also

literature

  • Alexander Poretschkin: Soldiers Act and Reservists Act - Commentary . 10th revised edition. Franz Vahlen, Munich 2018, ISBN 978-3-8006-5677-6 .

Web links

Individual evidence

  1. ↑ a b Federal Ministry of Defense: Bundeswehr personnel figures . August 2020, accessed on August 31, 2020 (as of July 2020).
  2. ↑ only a small area of ​​application, because in the event of tension and defense according to § 80 SG takes precedence over the WPflG. Affects z. B. Former professional soldiers between the ages of 60 and 65, cf. Section 3 (4) WPflG i. V. m. Section 59 SG.
  3. ↑ On the possibility of military service by foreigners in the armed forces of selected countries: legal basis, employment requirements, number (WD 2 - 3000 - 115/16). In: https://www.bundestag.de/ . German Bundestag, October 13, 2016, accessed on September 9, 2019 (p. 4).
  4. ↑ Alexander Sanne, Frank Less: Soldiers Law Comment . 2. edit again Edition Walhalla, Regensburg 2014, ISBN 978-3-8029-6240-0 , p. 41 f . ( Online reading sample [PDF]).
  5. ↑ Central service regulation A-1420/24 - ranks and rank groups. (PDF) Federal Ministry of Defense , January 19, 2016, accessed on September 8, 2019 .
  6. ↑ Order of the Federal President on the rank designations and the uniform of the soldiers (In Art I, divided into seven groups.)
  7. ↑ Central regulation A1-2630 / 0-9804 - Suit regulations for soldiers in the Bundeswehr. (PDF) In: https://www.reservisten.bundeswehr.de/ . Inner Guidance Center , October 10, 2018, accessed on September 9, 2019 (1st amendment).
  8. ↑ Central service regulation A-2630/1 - The external appearance of soldiers in the Bundeswehr. In: https://www.reservisten.bundeswehr.de/ . Federal Ministry of Defense, December 21, 2015, accessed on September 9, 2019 .
  9. ↑ Central service regulation A-1900/2 - General administrative regulation to § 18 of the Soldiers Act - Communal catering. Federal Ministry of Defense in agreement with the Federal Ministry of the Interior, accessed on September 9, 2019 .
  10. ↑ cf. Central service regulation A 2211/2
  11. ↑ Balance of family and service. In: https://www.bundeswehr.de/ . May 8, 2019, accessed September 9, 2019 .
  12. ↑ Pilot for disabled people. In: https://www.innerefuehrung.bundeswehr.de/ . Inner Guidance Center , December 13, 2017, accessed on September 9, 2019 .
  13. ^ Kurschatten Bundeswehr. In: https://www.sanitaetsdienst-bundeswehr.de/ . March 19, 2019, accessed September 9, 2019 .
  14. ↑ Soldiers in uniform travel for free from January 1st. The federal government and the railways have reached an agreement: from 2020, members of the armed forces can travel by train free of charge. In: https://www.zeit.de/ . Die Zeit , August 17, 2019, accessed on September 9, 2019 .
  15. ↑ Order of the day on the concept of veterans. Federal Ministry of Defense, November 26, 2018, accessed on September 9, 2019 .
  16. ↑ Michael Schmidt: Recognition for soldiers - ten million Germans are now veterans. In: Der Tagesspiegel. November 19, 2018, accessed September 9, 2019 .
  17. ↑ Questions and answers about the new veteran's badge. Retrieved September 9, 2019 .