BWBV0005381
Geldig vanaf 29-03-1998
Artikel 56
Aanvullende Overeenkomst bij het Verdrag tussen de Staten die partij zijn bij het Noordatlantische Verdrag nopens de rechtspositie van hun krijgsmachten, met betrekking tot de in de Bondsrepubliek Duitsland gestationeerde buitenlandse krijgsmachten
1. (a) German labour law, including industrial safety law (Arbeitssuchtzrecht), as applicable to civilian employees working with the German Armed Forces, with the exception of decrees regulating working conditions (Dienstordnungen), shop agreements (Dienstvereinbarungen) and tariff regulations, shall apply to employment of civilian labour with a force or a civilian component except as otherwise provided in this Article and the Section of the Protocol of Signature referring to this Article.
(b) When seeking employment with an authority of a force or of a civilian component, the applicant shall be exclusively responsible, if so required, for furnishing proof that he has not been convicted of any offence. If the applicant cannot obtain a police certificate (Führungszeugnis), the German authorities shall, in accordance with the provisions of German law, provide him with an extract from the penal register if he presents a certificate from the force or the civilian component that he has applied for employment and if the issue of such extract does not endanger any essential German interests.
(c) Vervallen.
(d) Transfers for duty reasons within the Federal Republic shall require the written consent of the civilian employee; such consent may be given at any time.
(e) Vervallen.
(f) Employment of civilian labour with a force or a civilian component shall not be deemed employment with the German public service.
2. (a) The second sentence of paragraph 1 of Section 9 of the Dismissal Protection Law (Kuendigungsschutzgesetz) shall apply provided that the exmployer's application may also be based on the ground that the continuation of employment is precluded by military interests particularly worthy of special protection. The highest service authority may establish credibility (Glaubhaftmachung) for military interests which are particularly worthy of protection; in this case the proceedings before the court shall be held in camera . Where the disclosure of reasons might cause a danger of serious detriment to the security of the sending State or of its force, the highest service authority of the force, in concert with the Chief of the Federal Chancellery (Chef des Bundeskanzlerambts), may establish credibility by means of a formal declaration.
(b) The highest service authority within the meaning of this paragraph shall be the highest agency located in the Federal Republic of Germany that is administratively responsible for the employing agency of the person under notice.
(c) This paragraph shall not apply to members of works councils (Betriebsvertretungen).
3. The provisions of German law concerning social insurance, including accident insurance, unemployment insurance and children's allowance shall apply to labour working with a force or a civilian component. The Federal Republic shall be the accident insurance carrier.
4. German civilian labour working with a force or a civilian component shall only be engaged in services of a non-combatant nature including civilian guard duties.
5. The German authorities, in agreement with the authorities of a force or of a civilian component, shall
(a) establish the terms and conditions of employment, including wages, salaries and job groupings, which shall serve as the basis for individual employment contracts, and shall conclude tariff agreements;
(b) regulate payment procedure.
6. The authorities of a force or of a civilian component shall, in respect of the employment of labour, including members of civilian service organizations, have the right of engagement, placement, training, transfer, dismissal and acceptance of resignations.
7. (a) The authorities of a force or of a civilian component shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph a) of paragraph 5 of this Article. The individuals to fill such jobs shall be classified by the authorities of the force or of the civilian component into the appropriate wage of salary groups.
(b) Vervallen.
8. Disputes arising out of employment or social insurance shall be subject to German jurisdiction. Lawsuits against the employer shall be filed against the Federal Republic. Lawsuits on behalf of the employer shall be instituted by the Federal Republic.
9. The provisions of German law concerning personnel representation as applicable to the civilian employees of the German Armed Forces shall apply to the employees' representation of civilian labour of a force or of a civilian component unless otherwise provided in the Section of the Protocol of Signature referring to this Article.
10. Where the German authorities carry out administrative work in respect of the employment of labour by a force or a civilian component and of its remuneration, the actual costs of such administrative work shall be reimbursed by the force. The procedures therefor shall be regulated by separate agreements between the German authorities and the authorities of each force. In consultation with the appropriate authorities of the force, the German authorities shall adhere to the principles of economic efficiency in carrying out the administrative work.
(b) When seeking employment with an authority of a force or of a civilian component, the applicant shall be exclusively responsible, if so required, for furnishing proof that he has not been convicted of any offence. If the applicant cannot obtain a police certificate (Führungszeugnis), the German authorities shall, in accordance with the provisions of German law, provide him with an extract from the penal register if he presents a certificate from the force or the civilian component that he has applied for employment and if the issue of such extract does not endanger any essential German interests.
(c) Vervallen.
(d) Transfers for duty reasons within the Federal Republic shall require the written consent of the civilian employee; such consent may be given at any time.
(e) Vervallen.
(f) Employment of civilian labour with a force or a civilian component shall not be deemed employment with the German public service.
2. (a) The second sentence of paragraph 1 of Section 9 of the Dismissal Protection Law (Kuendigungsschutzgesetz) shall apply provided that the exmployer's application may also be based on the ground that the continuation of employment is precluded by military interests particularly worthy of special protection. The highest service authority may establish credibility (Glaubhaftmachung) for military interests which are particularly worthy of protection; in this case the proceedings before the court shall be held in camera . Where the disclosure of reasons might cause a danger of serious detriment to the security of the sending State or of its force, the highest service authority of the force, in concert with the Chief of the Federal Chancellery (Chef des Bundeskanzlerambts), may establish credibility by means of a formal declaration.
(b) The highest service authority within the meaning of this paragraph shall be the highest agency located in the Federal Republic of Germany that is administratively responsible for the employing agency of the person under notice.
(c) This paragraph shall not apply to members of works councils (Betriebsvertretungen).
3. The provisions of German law concerning social insurance, including accident insurance, unemployment insurance and children's allowance shall apply to labour working with a force or a civilian component. The Federal Republic shall be the accident insurance carrier.
4. German civilian labour working with a force or a civilian component shall only be engaged in services of a non-combatant nature including civilian guard duties.
5. The German authorities, in agreement with the authorities of a force or of a civilian component, shall
(a) establish the terms and conditions of employment, including wages, salaries and job groupings, which shall serve as the basis for individual employment contracts, and shall conclude tariff agreements;
(b) regulate payment procedure.
6. The authorities of a force or of a civilian component shall, in respect of the employment of labour, including members of civilian service organizations, have the right of engagement, placement, training, transfer, dismissal and acceptance of resignations.
7. (a) The authorities of a force or of a civilian component shall determine the number of jobs required and classify such jobs in accordance with the job groupings established under sub-paragraph a) of paragraph 5 of this Article. The individuals to fill such jobs shall be classified by the authorities of the force or of the civilian component into the appropriate wage of salary groups.
(b) Vervallen.
8. Disputes arising out of employment or social insurance shall be subject to German jurisdiction. Lawsuits against the employer shall be filed against the Federal Republic. Lawsuits on behalf of the employer shall be instituted by the Federal Republic.
9. The provisions of German law concerning personnel representation as applicable to the civilian employees of the German Armed Forces shall apply to the employees' representation of civilian labour of a force or of a civilian component unless otherwise provided in the Section of the Protocol of Signature referring to this Article.
10. Where the German authorities carry out administrative work in respect of the employment of labour by a force or a civilian component and of its remuneration, the actual costs of such administrative work shall be reimbursed by the force. The procedures therefor shall be regulated by separate agreements between the German authorities and the authorities of each force. In consultation with the appropriate authorities of the force, the German authorities shall adhere to the principles of economic efficiency in carrying out the administrative work.
- Citeren als
- Art. 56
- Geldig vanaf
- Status
- Geldend recht
- Identificatie
- BWBV0005381
- Officiële bron
- wetten.overheid.nl