Confidant (Bundeswehr)

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A trustee is in the German Bundeswehr a representation of the soldiers after the soldiers Participation Act ( SBG ) next to the bodies of the persons, or the staff representatives ( § 1 para. 1 SBG). The shop steward should contribute to the responsible cooperation between superiors and subordinates as well as to the consolidation of comradely trust within the area for which they have been elected. You and the disciplinary superior work closely together in the interests of the soldiers in the elective area and to fulfill the mandate of the armed forces with the aim of reaching an understanding ( Section 19 (1) f. SBG).

Principles

The career groups of officers , NCOs and men each have their own confidante. Confidants exist in units , ships and boats of the Navy , in bars of associations and major units and comparable services and facilities, in integrated services and institutions and generally in multinational departments and agencies ( § 4 para. 1 SBG). Soldiers are represented by staff representatives in accordance with the Federal Personnel Representation Act ( BPersVG ) in other agencies and institutions, for example military offices, but also in commandos or staffs, which, in addition to management tasks, also perform tasks of the basic military organization, and usually staffs of the corps and corresponding agencies ( Section 60 (1) SBG), in which the “soldiers' representatives” form a third group alongside civil servants and employees ( Section 60 (3) sentence 1 SBG in conjunction with Section 5 BPersVG). In matters that only affect the soldiers, the soldiers' representatives have the powers of the confidential counselor ( Section 63 (1) sentence 1 SBG).

The office of shop steward is an honorary position , which is usually exercised during the service period ( Section 8 (1), (2) sentence 1 SBG). The person of trust is to be given the opportunity to hold office hours and meetings within official accommodation or facilities during work ( Section 8 (3), (2) sentence 1 SBG).

The period of office of the shop steward is four years ( Section 10 Paragraph 1 Clause 1 SBG). It ends prematurely z. B. by ending military service or leaving the elective area ( transfer ; Section 10 (2) SBG), whereby the transfer or assignment for more than three months against your will may only take place if this also takes into account your position as a confidant is unavoidable for business reasons ( Section 16 (1) sentence 1 SBG). In this case, the representative elected with the highest number of votes takes their place. If there are no more representative confidants, two representative confidants are to be elected in a simplified electoral process for the remaining term of office of the confidant ( Section 14 (1) SBG).

The shop steward must not be hindered in the exercise of his or her powers and must not be disadvantaged or favored because of his or her work ( Section 15 (1) SBG). The next higher disciplinary superior is responsible for punishing breaches of duty by the shop steward ( Section 15 (2) sentence 1 SBG).

choice

The person of trust and the two deputy persons of trust are elected in a general, direct, free, equal and secret ballot in accordance with the principles of personal choice ( Section 3 (1) SBG). The three career groups each form a group of voters. If a group of voters comprises fewer than five people, those entitled to vote are assigned to the staff of the association that is directly superior to them (e.g. the officers of a company to the battalion staff ; Section 4 (6) SBG). Soldiers also vote in schools or comparable armed forces facilities if they take part in courses there that last longer than 30 calendar days, likewise persons of trust ( Section 4 (3) SBG).

Commanders , deputy commanders, chiefs of staff as well as company commanders and officers in comparable positions cannot be elected ( Section 6 (2) SBG).

tasks

The shop steward applies for measures that serve the agency and its soldiers, ensures that the laws, ordinances and regulations applicable to the benefit of the soldiers are implemented, accepts suggestions and complaints from soldiers and, if they appear justified, acts by discussing them with the disciplinary superior their settlement out works to ensure that the balance between family and service in the Bundeswehr is encouraged and affects the achievement of the objectives Soldatinnen- and soldiers equal treatment Act ( SoldGG ) and the Soldatinnen- and Soldatengleichstellungsgesetzeses ( SGleiG ) through ( Section 19 (3) SBG).

Right to be heard and to propose

If the confidential counselor is to be heard about the intended measures, he must be informed about these in good time and comprehensively. The disciplinary superior must give the shop steward the opportunity to comment on the intended measures. This must be discussed with her ( Section 21 SBG). If the person of trust has the right to make a proposal, the disciplinary superior must discuss the proposals with her in good time ( Section 22 (1) sentence 1 SBG).

The shop steward will be heard by the next disciplinary superior, except in the case of an express rejection of the person concerned, in personnel matters when approving, revoking approval or refusing special leave , care leave , secondary employment , part-time employment , location-independent work and teleworking ( Section 24 (1) SBG). They should be consulted regarding moves except the dislocation following the basic training and defined within training courses Come Andie conclusions with a duration of more than three months, except for training, status or career change, change to a different post , measures without Qualified completion of the expansion of personal knowledge and skills, premature termination of the employment relationship , if there is a margin of discretion, and remaining in the service beyond the special age limits ( § 44 Paragraph 2 in conjunction with § 45 Paragraph 2 SG ) ( Section 24 (2) SBG).

The next disciplinary superior has to listen to the shop steward on the long and medium-term planning in annual and quarterly training orders as well as on the general regulations for framework duty schedules ( Section 25 (1) SG ).

In addition, the shop steward has the right to be heard and to make suggestions regarding the organization of the service, the granting of time off work for the unit or sub-units , the determination of non-working working days, the arrangement of security and standby services as well as additional service and overtime as well as the division of Soldiers on special and additional services ( Section 25 (2 ) SG ).

The person of trust is to be heard in the design of the official accommodation and in other questions of care and welfare . It can make suggestions for this ( Section 26 Paragraph 4 f. SG ).

If disciplinary superiors want to impose disciplinary measures, the person of trust must be heard before the decision on the soldier's person, the facts and the disciplinary measure, except in the case of the soldier's express rejection ( Section 28 (1) SBG).

The person of trust has the right to propose soldiers to their group of voters for formal recognition ( Section 11 (1) WDO ) or for a best price. The disciplinary superior has to hear the person of trust before the granting of a formal recognition, its withdrawal and the granting of a best price ( § 29 SBG).

The shop steward should be heard if soldiers in their group of voters are to be proposed for the award of the Bundeswehr Badge of Honor or for a medal, or when performance-related elements of salary are awarded ( Section 30 SBG).

In the complaint procedure according to the Military Complaints Ordinance ( WBO ), the person of trust of the complainant should be heard if a complaint relates to official operations, welfare, professional advancement, off-duty support and leisure activities for soldiers or official events of a sociable nature ( Section 31 (1) SBG).

Right of co-determination

The shop steward has the right to participate in determining the start and end of regular daily working hours and breaks as well as the distribution of working hours over the individual days of the week, the selection of participants in further training events for soldiers with the exception of further training courses regulated by professional regulations, the appointment of trust - and company doctors , the introduction and use of technical facilities that are designed to monitor the behavior or performance of soldiers, except if technical facilities are used for the purpose of training soldiers, measures to improve work performance and to facilitate the service flow , the assertion of compensation claims in the amount of more than 250 euros against soldiers, provided that they consent to the involvement of the confidant, the content of personnel questionnaires for soldiers, measures that promote the compatibility of family and service t serve, setting up the holiday plan and determining the timing of the annual leave for individual soldiers, if no agreement can be reached between the or the next disciplinary superiors and the soldiers involved, measures to prevent service and industrial accidents and other health hazards ( § 25 Paragraph 3 SBG).

In the field of care and welfare, it has a fundamental right of co-determination in decisions about the use of funds from community funds, the establishment, administration and dissolution of care facilities at a site or care facilities at a troop shelter and measures for off-duty care and leisure activities for soldiers as well as business events of a social nature ( Section 26 (3) SBG).

In the case of discretionary decisions by the disciplinary superior about measures to promote vocational training , the shop steward helps determine at the request of the soldiers ( Section 27 (1) sentence 1 SBG).

Bodies of shop stewards

Shop stewards meetings

The confidants of an association or a comparable military agency form the assembly of confidants of the association. The spokesman for the meetings of the confidants of the association and their deputies form with the exception of schools for one barracks area , the Assembly of the confidants of the barracks area. In locations with at least two barracks, a meeting of the location's confidants is formed. For this purpose, the meetings of the barracks area representatives elect a representative of each career group as a member ( Section 33 SBG). In the case of brigades and divisions or their respective comparable military agencies, assemblies of confidants are formed ( Section 34 SBG). The members of the meetings of the shop stewards elect a board of directors consisting of a spokesman and a first and second deputy in separate ballots ( Section 35 SBG). The meetings of the confidential counselors generally meet once every quarter of the calendar year ( Section 36 SBG).

Ombudsman committees

The general ombudsman committee (GVPA) as well as the ombudsman committees of the military organizational areas are ombudsmen committees ( Section 37 (1) SBG).

General shop stewards committee

The general ombudsman committee is formed at the Federal Ministry of Defense (BMVg) and has 35 members. In it, the soldiers of the military organizational areas as well as the departments that do not belong to any military organizational area should be appropriately represented according to career groups. The members of the group of soldiers in the main staff council at the BMVg join as additional members ( Section 38 (1) SBG). It consists Members of GVPA are all persons of confidence since 1993. Division voted the Ministry of Defense ( § 40  f. SBG). Their term of office is four years. The GVPA has one spokesperson and two deputies. The members of the GVPA belonging to a military organizational area each form a group ( Section 38 (2) sentence 1 SBG). The members who do not belong to any military organizational area together form a further group ( Section 38 (2) sentence 2 SBG). The groups elect an area spokesperson ( Section 45 Paragraph 1 Clause 1 Number 2 SBG).

Representative committees of the military organizational areas

Committees of trustworthy persons for the military organizational areas are formed for the military organizational units directly subordinate to the BMVg ( Section 39 (1) sentence 1 SBG). The members of the ombudsman committees of the military organizational areas are elected by the ombudsmen of the respective military organizational areas ( § 40  et seq. SBG). Their term of office is four years. The ombudsman committees each elect a spokesperson and two deputies.

literature

Web links

Individual evidence

  1. ↑ 25 years of GVPA: Hinge between troops and leadership. In: BMVg. May 30, 2017, accessed March 19, 2020 .