Registration certificate (Bundeswehr)

from Wikipedia, the free encyclopedia

Soldiers in the Federal Armed Forces for a limited period of time receive a permit ( Z-Schein ) in Germany if they want to be appointed as civil servants in the public service or without using an integration certificate (E-certificate) . ( Section 9 (2) Soldiers Supply Act (SVG)) The integration of soldiers in the public service is part of the duty of care ( Section 31 (1) Soldiers Act (SG)) of the employer federation towards his (including former) soldiers and an expression of the solidarity of State and soldiers through mutual loyalty. ( § 1 Paragraph 2 SG)

Eligibility requirements

An entitlement to a permit to be issued at the end of the service period exists if the soldier's service relationship ends due to the expiry of a fixed period of service of twelve or more years. Alternatively, there is a claim if the soldier has committed himself to a service period of twelve or more years, but his service period has initially been set for a shorter period with regard to special training and he has served a service period of at least four years. ( § 9 Paragraph 1 SVG) A certificate of approval is only granted upon application . A legally binding conviction in judicial disciplinary proceedings for a downgrading of rank excludes the issue of a license ( Section 9 (3) sentence 3 SVG), as does a legally binding removal from the employment relationship because this did not end when the stipulated period of service had expired. A certificate of incorporation can also be applied for under the above conditions. Professional soldiers whose employment relationship ends before the age of 40 due to incapacity due to military service damage, as well as professional officers in aviation service with a special age limit (BO 41), are only entitled to a permit . A permit can be issued ( discretion ) if the incapacity is not due to military service damage. ( Section 39 Paragraph 3 f. SVG; on the special age limit: Section 45 Paragraph 2 No. 6 SG)

Procedure

The registration certificate is issued at the end of the term of employment. Before that, the soldier receives a certificate stating that he will be given the certificate of approval at the end of his service life. The receipt of the registration certificate must be confirmed in writing.

Those who are entitled to the admission certificate must formally register at the reservation office . These are set up in every federal state and for the federal government (there at the Federal Office of Administration ). As a rule, soldiers de facto regularly apply for a job advertisement from a recruiting authority, whereby they should indicate their status as beneficiaries. The reservation unit provides them with information on advertisements from the authorities for which they have expressed an interest in hiring the reservation unit. De jure, holders of a registration certificate apply to the reservation offices and they are to be assigned to the hiring authorities according to suitability and inclination. ( Section 10 (4) SVG)

A certificate of approval can be requested after returning the certificate of incorporation. ( Section 9 (3) sentence 2 SVG)

Legal consequences

Upon receipt of the admission certificate, the entitlement to school and vocational training under the Soldiers' Welfare Act by the Bundeswehr's professional advancement service , in contrast to the integration certificate, is retained.

Soldiers can apply for reserved positions with the approval certificate up to eight years after the end of their service life. Federal, state and local authorities with more than 10,000 inhabitants must reserve every sixth position for hiring in the middle service , every ninth position in the higher service and every tenth position for similarly grouped collective bargaining employees for holders of a permit. ( § 10 Abs. 1 SVG) This does not apply to the police enforcement service . ( Section 10 (3) No. 1 SVG) There are also no reserved positions in the higher service .

In contrast to the integration certificate, registration certificate holders can apply for positions for collective bargaining employees and for employees in accordance with the official regulations at the social security agencies , which are also held.

The soldier usually has to pass a selection procedure for the position, but only competes with the applicants for the reserved positions (E and Z license holders), not with the other applicants. If the owner has applied for an apprenticeship position, he is to be taken on in a permanent employment relationship after completing the training.

The employment relationship with admission certificate holders ends after the end of the fixed period of employment. There is no extension of the length of service, as is the case with holders of an integration certificate.

Holders of a registration certificate are entitled to the payment of transitional fees like former soldiers without an integration certificate or registration certificate. ( § 11 SVG) However, the so-called rest regulation must be observed. ( Section 53 (9) SVG) This comes into play if a recipient of transitional fees, whether with or without a permit, receives what is known as a usage income. Utilization income is earned income from use in the public service: d. H. Any employment in the service of corporations (e.g. federal and state governments), institutions and foundations under German public law or their associations (with the exception of employment in public religious societies or their associations). If transitional fees and usage income add up the basic salary of the final stage (highest level of experience, not actually achieved) of the salary group to which the temporary soldier was entitled in the last month, the transitional fees are reduced accordingly. The respective gross amounts are always decisive. If the basic salary of the final stage of the salary group is lower than one and a half times the final stage of salary group A 4 (4032.35 euros, as of Aug. 2019) [outdated] , one and a half times the final stage of salary group A 4 is the reduction limit. This applies to soldiers who were classified in grade A 9 or lower at the end of their service life.

Compensation payments ( § 11a SVG) as with those with inclusion certificate holders are not granted.

The transitional allowance will be reduced by 50 percent, not by 75 percent as is the case with integration certificate holders. ( Section 12 (3) sentence 1 SVG)

Extinction of the right from the registration certificate

The right from the admission certificate expires for its holder eight years after it has been issued (time of the end of the service period) or if he or she applies for a probationary civil servant status , during the probationary period as a regular employee or as an employee or from an employment relationship without prior training is released after the probationary period . It also expires if the civil servant relationship ends for disciplinary reasons or if the employment relationship is terminated for behavioral reasons. ( Section 9 (6) SVG)

Holders of the registration certificate can have the remaining 50 percent of the reduced transitional allowance paid out within a period of eight years after the registration certificate has been issued. ( Section 12 (5) SVG)

Choice between an integration certificate and a certificate of approval

Most soldiers who are entitled to a certificate of approval are also entitled to a certificate of incorporation. In the case of the admission certificate, the entitlement to further education and training remains unchanged. An approval certificate also enables access to reserved positions for collective bargaining and regular employees. The transitional allowance is only reduced by 50 percent instead of 75 percent for the e-ticket. Transitional fees are paid instead of compensation payments, if necessary with application of the rest regulation.

As a rule, the inclusion certificate offers the greater financial advantages. A registration certificate is usually only recommended if career training as a civil servant on revocation is out of the question, you want to keep your later entry into the public service open, do not strive for an uninterrupted transition from military service to civil servant status or do not wish to extend your service life.

Web links