Employment security of persons liable for military service called into service
The objective of the Act on the Continuation of the Employment and Civil Service Contracts of Persons Liable for Military Service Called into Service is to ensure the continuation of the employment and civil service contracts of such persons in cases where they cannot refuse the call up without legal consequences. Persons called into service under the Conscription Act or the Non-Military Service Act have a right to be released from work. They must provide their employer with a notice of the commencement of service. Employers may not terminate such persons’ employment or civil service contracts on the basis of military service. An employee carrying out his liability for military or non-military service can be dismissed for financial and production-related reasons only if the employer closes its operations down entirely or discontinues its business activities.
Instead, a person liable for military service must be allocated the same duties, or duties corresponding to those undertaken formerly, upon the military service ending or being interrupted. A person liable for military service who wishes to return to his former duties after completing active service shall, prior to the end of the service or upon its interruption, notify the employer of his return to work at least 14 days prior to the date announced for said return. Said notification shall be free-form. The employee must return to work within 14 days of the date upon which the notification of his return to work was submitted to the employer. Furthermore, the employer and employee may agree otherwise on the date of return. These provisions concerning employment security also apply to persons participating in voluntary military service for women, or taking part in crisis management in a civil role.
Persons liable for military service who have been called up for reservist training or extraordinary service must return to work immediately upon the service no longer preventing said return.
Should an employee fail to submit a notification of his return to work within one month from the date upon which the service ended or was interrupted, the employer may regard the employment contract as terminated. The employer is entitled to obtain information about the date when the service ended from the register of persons liable for military service or non-military service.
