Indispensable (UK) and deferral

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The indispensable position (UK) is the exemption from the performance of military service , the postponement of its postponement. Both take place only with conscription .

German Empire: Second World War

Definition of indispensability

The indispensable position (UK position) during the Second World War was a temporary or revocable dismissal or non-recruitment of skilled workers who were indispensable and irreplaceable for carrying out a defensive task in the war economy , transport or administration (Section 5 (2) WehrG). In the UK position, the soldier was released from the Wehrmacht and later had to be formally called up again for active military service.

Federal Republic of Germany: old legal situation until June 30, 2011

For urgent reasons, a person who was supposed to do military or community service could be indispensable or deferred. However, both procedures were not allowed to lead to a complete, but only limited leave (usually for one year). With the suspension of compulsory military service in Germany on July 1, 2011, the procedure was dropped.

Postponement from community service

(according to § 11 Paragraph 6 ZDG)

A recognized conscientious objector should also be deferred from civil service on application if he is indispensable for the maintenance and continuation of his parents' business or the business of his employer or for the proper performance of his service authority. In this case, the parents, the employer or the service authority of the recognized conscientious objector are entitled to apply and are obliged to notify the Federal Office of the cessation of the requirements for indispensability . The deferment requires the consent of the recognized conscientious objector. The conscription of the recognized conscientious objector is to be suspended pending a decision on the application.

Indispensable position (lower jaw position)

(according to § 13 WPflG and § 16 ZDG)

This procedure must not concern the existence of one's own or parental business threatened by the move-in of the person concerned . Here, the employer requested the military or community service requirement (this may not be their own employers be, nor his parents) the indispensability in writing, stating directly to the competent authority or the alternative military Kreiswehrersatzamt . The employer can only apply for the UK procedure if the recruitment of the conscript or civil service conscript would jeopardize the continuation of the business or would make the continuation of the business so difficult that an unreasonable impairment of the business occurs or the continuation of a certain activity appears to be urgently required by the conscript. Since there are no statutory deadlines for this process, the employer should submit the application early.

The authority authorized to make proposals then obtains an expert opinion from the Chamber of Industry and Commerce or the Chamber of Crafts responsible for the company and / or the Employment Agency .

After the examination, the proposal is submitted to the District Armed Forces Replacement Office or the Federal Office for Family and Civil Society Tasks , which decides on the application. The employer then receives the decision from the authority entitled to propose and, as the UK procedure is an internal procedure, cannot appeal against the decision. The UK position is only granted if the conscript / civil service conscript can still commence service up to the age of 23.

Deferment

(according to § 12 WPflG and § 11 ZDG)

This procedure must deal with the threat to the existence of one's own or parental business if the person concerned moves in. Here , the conscript / civil service person personally submits the application to the District Armed Forces Replacement Office or to the Federal Office for Civil Service in writing and stating the reasons. In the case of conscripts, the application must be submitted at the earliest after notification of the registration by the registration authority and at the latest after completion of the draft . If the reason for the deferral occurs later, the person liable can still submit the application within a period of 3 months after notification. In the case of civil service conscripts, the application is only permissible if it is made within 3 months of the reason for deferment becoming known. As with the UK procedure, an expert opinion is obtained from the Chamber of Industry and Commerce or the Chamber of Crafts.

The District Armed Forces Replacement Office or the Federal Office for Community Service decides on the application and notifies the applicant of its decision. If a deferment has taken place, the applicant can be called up to the age of 25.

If the application is rejected, the applicant can file an objection. If, after a further check, a particular hardship cannot be determined, the district defense replacement office submits the objection to the defense area administration. An action against the decision of the military administration can be filed with the administrative court within one month .

With UK and postponement

If the prerequisites have changed or no longer apply, the conscript or civil service person is obliged to notify the District Armed Forces Replacement Office or the Federal Office for Civil Service.

Requirements for these applications include: a .:

  • there is a lack of suitable, economically viable replacement workers
  • The applicant must demonstrably have made efforts to remove the previous obstacles (e.g. by looking for and training a replacement worker)

Defense exercises

Both procedures are also possible with regard to military exercises . However, stricter standards are set. The reservist must be an indispensable manager or key worker in the case of the application.

Web links

Individual evidence

  1. ↑ R2.1.2.5 UK position. German pension insurance, accessed on July 27, 2016 (concerns World War II).