Definition and Objectives of Soldiers’ Vocational Reintegration
In the German legal system, vocational reintegration for soldiers refers to all statutory, administrative, and organizational measures aimed at integrating soldiers into civilian professional life upon completion of their military service. The aim is to provide soldiers—particularly temporary-career and career soldiers—with sustainable career prospects and participation in society after their service. The term covers training, qualification, and placement services that are designed to appropriately utilize the skills and knowledge acquired during service in the civilian labor market.
Legal Basis for the Vocational Reintegration of Soldiers
Soldiers’ Pensions Act (SVG)
The principal legal source for vocational reintegration is the Soldiers’ Pensions Act (SVG). Sections 20 et seq. SVG govern entitlements to vocational reintegration for soldiers, with particular emphasis on temporary-career and career soldiers. The law differentiates based on the type, duration, and scope of service performed and the type of measure pursued.
Military Careers Regulation (SLV)
Supplementing the SVG, the Military Careers Regulation (SLV) contains numerous provisions regarding training and further education during and after the period of service. In particular, it specifies the entry requirements, duration, and type of training measures within the context of vocational reintegration.
Special Regulations and Administrative Provisions
In addition to the SVG and SLV, various subordinate regulations—such as the Vocational Reintegration Regulation and relevant administrative provisions from the Federal Ministry of Defence—govern details of implementation, responsibilities, and framework conditions.
Eligibility and Target Groups
Eligible Groups
Entitlement to benefits for vocational reintegration under the SVG is available to
- temporary-career soldiers who have completed a specific minimum term of service (typically more than four years),
- career soldiers,
- soldiers who are discharged due to incapacity for service or as a result of a service-related accident,
- in certain circumstances, voluntary military service members with extended service time under special conditions.
Requirements
A prerequisite for more extensive measures is regularly the completion of a minimum period of military service pursuant to Section 23 SVG. In the event of early discharge, incapacity for service, or special hardship cases, special provisions apply.
Scope and Forms of Vocational Reintegration
Internal and External Measures
Vocational reintegration includes internal measures (training, retraining, and qualifications within the Bundeswehr) and external measures (participation in civilian education and training, university studies, company internships).
a) Support for Training
Soldiers may apply for benefits to support vocational training or university studies. These include financial assistance, leave from duty, and advisory services.
b) Transitional Allowances and Compensation Benefits
Another component of vocational reintegration is transitional allowances or one-time transitional payments (Sections 18-22 SVG), which are granted during the transition period following the end of service until integration into the labor market.
c) Individual Support Measures
The individual support plan, developed jointly with the Vocational Reintegration Service (BFD), defines which specific measures are appropriate for the individual soldier. These include:
- Participation in retraining,
- career initiation measures,
- application training,
- entrepreneurship seminars.
Placement and Guidance by the Vocational Reintegration Service (BFD)
The BFD plays a central role in implementing vocational reintegration. Its responsibilities include advising soldiers during and after service as well as planning, organizing, and monitoring all eligible measures in compliance with statutory and budgetary requirements.
Funding and Legal Consequences
Funding from the Federal Budget
Vocational reintegration benefits are financed from the defense budget. Additional expenditures in individual cases are limited by the principle of prior budget approval and the federal budgetary principles.
Repayment Obligations
In the event of discontinuation or improper use of funding, a repayment obligation may arise pursuant to Section 28 SVG. Further details are set out in the implementation provisions for vocational reintegration.
Legal Protection and Procedure
Objection and Legal Proceedings
Soldiers may file objections or bring legal action against negative or restrictive administrative acts relating to vocational reintegration, in accordance with the Administrative Procedure Act and the Code of Administrative Court Procedure.
Special Protection Provisions
For certain groups, such as those with severe disabilities or service-related injuries, there are additional protection and support provisions to be taken into account when shaping vocational reintegration (Section 27 SVG).
Development and Prospects of Vocational Reintegration
Vocational reintegration for soldiers has evolved over the past decades through amendments to the SVG and an increasing orientation toward the labor market. The objective remains to enhance the attractiveness of service and ensure a sustainable transition to civilian employment.
Overview of Key Legal Sources Relating to Soldiers’ Vocational Reintegration
- Soldiers’ Pensions Act (SVG) Sections 20-35
- Military Careers Regulation (SLV)
- Vocational Reintegration Regulation
- Administrative Regulations of the Federal Ministry of Defence on Vocational Reintegration
- Administrative Procedure Act (VwVfG)
- Code of Administrative Court Procedure (VwGO)
Vocational reintegration for soldiers therefore constitutes an independent, comprehensive system of benefits and legal entitlements, aimed at enabling members of the armed forces to make a successful transition into civilian professional life and thus achieve sustainable social and economic integration.
Frequently Asked Questions
Who is entitled to participate in vocational reintegration measures under the Soldiers’ Pensions Act?
Temporary-career soldiers and career soldiers under certain conditions, pursuant to Sections 3 et seq. Soldiers’ Pensions Act (SVG), are entitled to vocational reintegration measures. In particular, temporary-career soldiers whose service time exceeds a specified period (generally at least four years under Section 5 SVG) are supported during and after their service. The degree of obligation, duration of service, and the presence of other statutory requirements are also relevant. Regularly excluded from vocational reintegration are voluntary military service members and temporary voluntary military services under Section 58b(1) SVG. Entitlement is based solely on the SVG as well as the Military Careers Regulation (SLV) and the relevant administrative provisions.
What specific measures are legally included in vocational reintegration?
The Soldiers’ Pensions Act prescribes various measures included under vocational reintegration. These include, in particular, individual counseling and support under Section 5 SVG, participation in educational and qualification measures during and after the period of service (e.g., vocational training, university degree programs, further education), as well as the granting of transitional benefits under Section 9 SVG. There is also an entitlement to reimbursement of costs for education and training, travel and accommodation expenses related to vocational qualification measures, the reimbursement of examination fees, as well as the provision of funded placements and support services under Section 6 SVG. The full range of benefits is regulated by implementing provisions, especially those concerning vocational reintegration and the related administrative regulations.
What is the legal process for a supported educational measure?
Legally, the process begins with an application to the responsible Vocational Reintegration Office (BFD), where the deadlines according to Section 7 SVG must be observed. The measure must be compatible with the future civilian profession and conducted by a recognized educational institution. This is followed by an assessment of eligibility under Section 5a SVG, which requires a detailed rationale for the choice of measure. Upon approval, the participant must provide proof of incapacity for service or official release from duty for the duration of the educational measure. Submission of evidence, interim reports, and passing of interim or final exams are also regularly required. Completion and final settlement of the supported measure must comply with documentation and accounting requirements; further support may be granted under certain conditions (e.g., under Section 16 SVG).
What are the legal consequences of receiving vocational reintegration benefits for unemployment benefits?
Receiving vocational reintegration benefits affects entitlement to unemployment benefits under Section 143 SGB III, especially due to the granting of transitional payments, which may be counted as personal income. The transitional benefit under Section 9 SVG takes precedence over benefits under SGB III. Only after the funding period has ended can unemployment benefits be granted, provided the requirements are met. The principle of subsidiarity applies, meaning superior benefits under the SVG take precedence. The Federal Employment Agency examines, in applications for unemployment benefits, whether, to what extent, and for what period benefits under the SVG have been provided or remain to be claimed.
What are soldiers’ legal obligations to cooperate in vocational reintegration measures?
According to Section 6 SVG, soldiers have an extensive duty to cooperate. They are required to provide all information necessary for granting and carrying out the measures and to submit relevant evidence, e.g., about attendance, successful completion of exams, or reasons for withdrawal. Breaching these obligations can lead to the recovery of support payments. There is also a duty to regularly seek counseling from the BFD and to accept reasonable educational offers. In cases of proven deception or false statements, the SVG provides for sanctions up to complete exclusion from further benefits.
Are there special protective provisions or anti-discrimination rules in the awarding of support measures?
Yes, the SVG and, additionally, the General Equal Treatment Act (AGG) ensure that all eligible individuals are supported without consideration of gender, origin, or religion. Anti-discrimination rules apply particularly to the selection of educational measures and the allocation of support funds. In the event of proven unequal treatment, this can be challenged through legal proceedings (Section 42 SVG—Recourse to the Administrative Courts). Moreover, soldiers are legally protected against arbitrary disadvantage in connection with their previous assignments, such as when calculating periods of service for further support entitlements.
What legal recourse is available in case of rejection or disputes about the scope of vocational reintegration?
If support is wholly or partly denied, soldiers have recourse to administrative courts. An objection procedure under Sections 42 et seq. VwGO (Code of Administrative Court Procedure) must first be conducted before filing a lawsuit with the administrative court. The procedure must examine compliance with the legal requirements of the SVG and relevant implementation provisions. In urgent cases, an interim order may be sought (Section 123 VwGO). In addition, within the soldier’s relationship, the Parliamentary Commissioner for the Armed Forces may be contacted under Section 7 of the Parliamentary Commissioner Act if breaches of fundamental obligations or discrimination are suspected.
