Concept and Significance of Military Exercises
Military exercises are scheduled military drills in which reservists of the Bundeswehr regularly or as needed participate to maintain or update their skills. They constitute a central instrument for the reserve, personnel, and deployment planning of the armed forces and ensure the operational readiness of reserve forces in times of peace, as well as in times of tension and defense.
Legal Foundations
Constitutional Embedding
The legal basis for military exercises derives essentially from the Basic Law (Grundgesetz, GG) as well as statutory provisions in the field of military law. Article 12a GG regulates the obligation to perform military and military exercises and forms the constitutional basis. The fundamental right to freedom of movement and protection against forced labor are restricted by special regulations for conscripts.
Statutory Provisions
Key statutory provisions for military exercises are found in the Conscription Act (Wehrpflichtgesetz, WPflG), particularly in sections 61 et seq., as well as in the Soldiers Act (Soldatengesetz, SG) and other associated regulations. The conduct of the exercises also follows regulations and administrative directives issued by the Federal Ministry of Defense.
Overview of Relevant Laws
- Conscription Act (WPflG)
- Soldiers Act (SG)
- Law on the Legal Status of Soldiers
- Laws on Occupational Safety and Dismissal Protection during and after Exercises
Groups of Persons and Participation Obligations
Group Subject to Military Exercise Obligation
Military exercises primarily concern reservists, i.e., former soldiers who, after their service, continue to be listed in the reserve. In addition, under section 61 WPflG, generally all conscripted men may be called up for exercises after completing their basic training. Women may volunteer for such exercises but are not obligated to do so.
Scope and Duration of Military Exercises
The duration of each individual military exercise may vary. The law limits it to a specific period per year and for the service member’s lifetime. Individual exercises usually last from a few days to several weeks; per year, the total period may not exceed a certain maximum duration. Special regulations exist for longer exercises or mobilization exercises in case of a state of tension.
Special Provisions during Times of Tension and Defense
In the event a state of tension or defense is declared (§ 5a WPflG), the restrictions on the duration and frequency of exercises may be suspended. Participation then becomes more compulsory, and the right to object is greatly restricted or abolished.
Procedure and Implementation of Military Exercises
Call-up and Legal Consequences
The call-up for a military exercise is issued by written notice (call-up order), which is legally binding. Minimum notice periods must be observed, except in emergencies or in a defense situation. The call-up order specifies the location, time, duration, and purpose of the exercise. Disregarding the order may be sanctioned as a breach of duty or an administrative offense.
Legal Status during the Exercise
During the exercise, those called up assume the legal status of a soldier in the Bundeswehr. They are therefore subject to special rights and duties, including:
- Subject to Military Disciplinary Code
- Obligation to perform duties as directed by superiors
- Entitlement to remuneration according to provisions for reservists
- Entitlement to compensation in the event of injuries or health damages sustained during the exercise
Accident Insurance and Social Security
Participants are covered by special state care during the exercise, including insurance against accidents and entitlement to rehabilitation or compensation benefits for harm incurred during military exercises.
Rights and Duties in Connection with Military Exercises
Labor Law Protection
Employers may not terminate the employment relationship during a military exercise. After the exercise, there is a right to return to the workplace. Special protection against dismissal is provided by law (§ 2 ArbPlSchG). Employers must treat the absence due to exercise as unpaid leave, and employees must not incur any disadvantages as a result.
Entitlement to Military Pay and Other Benefits
Reservists are generally entitled to service pay or reservist pay, depending on rank and function, for the duration of the exercise. The employer is not obligated to continue salary payments during this period, unless collective bargaining agreements or company regulations stipulate otherwise.
Special Income Tax Provisions
Military pay and other allowances received during exercises may be privileged under tax and social security law. These matters are clarified specifically in the Income Tax Act (EStG) and the Social Code.
Termination, Non-Compliance, and Sanctions
Consequences of Non-Compliance
An unexcused absence or unauthorized discontinuation of a military exercise can be prosecuted as an administrative offense or even as a criminal offense (§ 14 WPflG, § 15 Military Penal Code). Possible legal consequences include fines, imprisonment, or disciplinary measures.
Possibilities for Exemption
Exemptions or deferments from military exercises can be granted upon application for important reasons, particularly for health, family, or economic reasons (§ 14 WPflG). The application must be submitted to the relevant conscription authority, which will decide on the exemption.
Historical Development and Current Practice
Development in German Law
The institution of the military exercise has been anchored in German law since the introduction of conscription. The framework and statutory elements have changed following the suspension of conscription in 2011 and the resulting realignment of the Bundeswehr. Today, military exercises are mostly conducted as part of voluntary reservist service, but remain fully regulated by law, especially in anticipation of any reinstatement of conscription.
Significance in International Comparison
Similar provisions on reserve training exist internationally in other countries with conscription systems or significant reserve components, highlighting the importance of military exercises as an instrument of security policy.
Summary and Outlook
Military exercises are a highly regulated instrument to ensure the operational readiness of the Bundeswehr’s reserve. Their conduct is detailed by law, encompasses individual rights and obligations, labor and social law specifics, as well as options for exemptions. Even after the suspension of compulsory military service, the regulations governing exercises remain a central component of German military law and are of significant practical importance for reservists and employers. The legal frameworks guarantee both the maintenance of military capability and individual legal and social protection for those affected.
Frequently Asked Questions
Do I have to comply with a request to participate in a military exercise?
As a rule, you must comply with a request to participate in a military exercise, as there is a legal obligation under section 59 Soldiers Act (SG) and section 6 Conscription Act (WPflG). Military exercises are ordered by written notice—usually in the form of a service certificate—and are a measure under the Bundeswehr’s reserve concept. Anyone who evades an ordered exercise without good reason may be liable to prosecution under section 16 WPflG or the provisions of the Soldiers Act, or may commit an administrative offense. However, postponement or exemption may be possible in case of health, family, or professional reasons; these must be applied for in good time and in writing to the relevant authority. The competent military service office decides the application on a case-by-case basis.
What are the legal consequences of refusing a military exercise?
The unauthorized refusal to attend a scheduled military exercise may result in criminal or administrative penalties. According to section 16 WPflG, unexcused absence is treated as a service offense and may be punished with a fine or imprisonment of up to three years. For reservist soldiers with the status of fixed-term or career soldiers, disciplinary proceedings under the Military Disciplinary Law (WDG) may also be initiated, potentially leading to demotion or even dismissal from service. If there are valid reasons for hindrance, these must be asserted in writing without delay; a general or late refusal does not release from legal obligations and may result in the aforementioned sanctions.
To what extent must my employer grant me leave for a military exercise?
Section 9 Workplace Protection Act (ArbPlSchG) basically obligates employers to release employees called up for military exercises for the duration of such exercises. This right to leave is independent of company size and applies to all officially ordered exercises. During the exercise, the employment relationship is suspended, meaning there is no entitlement to salary, but there is a right to return to the previous position. Employers may not discriminate against or terminate the employment because of the exercise (§ 2 ArbPlSchG): ordinary dismissal is prohibited for the duration of the call-up and restricted for some time afterward. Presentation of the service certificate is sufficient to invoke the call-up.
Is there a right to loss of earnings compensation during the exercise?
During a military exercise, there is a right to compensation for loss of earnings as well as reimbursement of necessary expenses (§ 1 Maintenance Security Act, USG). Benefits under the USG are intended to offset the financial disadvantages arising from the loss of regular income. Compensation must be applied for at the relevant maintenance security authority. The calculation considers, among other things, net wages and maintenance obligations. In addition, there is generally an ongoing entitlement to statutory social security benefits during the exercise. For civil servants, continued salary payments are granted, although these may be partially offset against USG benefits.
Can legal remedies be lodged against an order to attend a military exercise?
It is possible to lodge legal remedies against the order to attend a military exercise, with the procedure governed by administrative law. After receiving the service certificate, objections may be filed within one month (§ 70 Administrative Court Procedure Act, VwGO). If the objection is not granted, a lawsuit may be brought before the competent administrative court (§ 74 VwGO). However, filing an objection or lawsuit does not have a suspensive effect, meaning the obligation to participate remains in force unless the court expressly decides otherwise. Disciplinary remedies apply for fixed-term and career soldiers.
What special provisions apply to self-employed persons and freelancers with regard to military exercises?
With regard to the obligation to participate in military exercises, the same legal provisions initially apply to self-employed persons and freelancers as to employees. However, section 3 USG includes special rules on subsistence security and compensation for loss of earnings, as these groups usually do not receive continued pay or have classic contractual return guarantees. To avoid undue hardship, deferment may be applied for if the business would be severely endangered by the call-up. The local conscription authority decides on the basis of an individual assessment, taking into account the economic impact. Appropriate evidence and justification must be provided.
