Soldiers Equal Treatment Act
| Basic data | |
|---|---|
| Title: | Law on the equal treatment of soldiers |
| Short title: | Soldiers Equal Treatment Act |
| Abbreviation: | SoldGG |
| Type: | Federal law |
| Scope: | Federal Republic of Germany |
| Legal matter: | Military law |
| References : | 51-8 |
| Issued on: | August 14, 2006 ( Federal Law Gazette I, p. 1897 ) |
| Entry into force on: | August 18, 2006 |
| Last change by: |
Art. 4 G of July 31, 2007 ( BGBl. I p. 1629 ) |
| Effective date of the last change: |
August 9, 2008 (Art. 18 G of July 31, 2007) |
| Weblink: | Text of the SoldGG |
| Please note the note on the applicable legal version. | |
The Law on Equal Treatment of Soldiers ( Soldierinnen- und Soldier-Gleichbehandlungsgesetz - SoldGG ) is a German federal law .
content
The law applies to soldiers as well as those at a convocation for military service in accordance with the law of conscription zoom stand or by the establishment of a military service relationship voluntary due obligations apply (personal scope).
The aim of the law is to prevent or eliminate discrimination based on race , ethnic origin, religion , ideology or sexual identity for service as a soldier , as well as to prevent soldiers from being disadvantaged based on gender in the form of harassment and sexual harassment to protect in service. The persons covered by the scope must not be disadvantaged for these reasons. Severely handicapped soldiers may not be disadvantaged because of their disability in a measure, in particular during professional advancement or when taking an order , unless a certain physical function, mental ability or mental health is an essential and decisive professional requirement.
The law applies to measures in establishing, structuring and terminating an employment relationship and in professional advancement as well as in service operations, access to all forms and levels of military training , further and advanced training and professional development measures including practical work experience as well as membership and Participation in a professional association or in another advocacy group for soldiers.
Different treatment in the sense of preferential treatment is permissible according to the law if actual disadvantages are to be prevented or compensated for by suitable and appropriate measures.
The law stipulates a reversal of the burden of proof if, in the event of a dispute, one party can provide evidence that suggests a disadvantage. Then the other party bears the burden of proof that there was no violation of the provisions on protection against disadvantage.
structure
- Section 1 - General Part
- Subsection 1 - Prohibition of Discrimination
- Subsection 2 - Organizational obligations of the employer
- Subsection 3 - Rights of Persons Covered in Personal Scope
- Section 2 - Protection from Disadvantage
- Section 3 - Legal Protection
- Section 4 - Supplementary Regulations
Changes
1st change
The "Law for the reform of occupational pension law and other laws" of 2 December 2006 ( Federal Law Gazette I, p. 2742 ) in § 15 , the words "§ 1" is replaced by "§ 1 para. 1 and 2 set 1" replaced. Section 18, Paragraph 1, Clause 3 has been redrafted to the extent that the phrase “Power ... facts credible” has been replaced by “If ... evidence proves”.
2nd change
Due to the last amendment by Article 4 of the "Defense Law Amendment Act 2008" of July 31, 2007 ( Federal Law Gazette I p. 1629 ), Section 1, Paragraph 3, Sentence 2 was worded as follows:
"This also applies to the employer as well as to persons and committees who exercise rights of participation, in particular for equal opportunities officers and their deputies."
