Definition and significance of Voluntary Military Service
Der Voluntary Military Service is a central element of German military law and refers to the time-limited service in the Bundeswehr on a voluntary basis. It offers adult citizens the opportunity to perform military service outside the obligations as a temporary-career soldier or within the framework of the reserves. Voluntary Military Service emerged as a major milestone following the suspension of conscription in 2011 and is comprehensively regulated in the Soldiers Act and other provisions.
Legal Foundations
Legal Framework (Laws and Regulations)
The legal framework for Voluntary Military Service is primarily laid down in the following regulations:
- Law on the Legal Status of Soldiers (Soldiers Act – SG)
- Conscription Law (WPflG)
- Military Law Amendment Act 2011
- Regulation on Voluntary Military Service in Special Assignments (FWDL-BesVerwV)
- Military Disciplinary Code and Military Complaints Code
- Supplementary decrees and administrative provisions of the Federal Ministry of Defence (BMVg)
Relation to Conscription and Other Forms of Service
Since the suspension of general conscription in 2011, Voluntary Military Service has formed an important bridge between voluntarism and civic participation in security policy. It must be distinguished from service as a temporary-career soldier, service in the reserves, and from voluntary services outside the military sector (such as the Federal Voluntary Service or the Voluntary Social Year).
Requirements and Commitment
Participation Requirements
Eligible participants are individuals who:
- Are German nationals within the meaning of Article 116 of the Basic Law
- das have reached the age of 17 (However, if the 18th birthday has not yet been reached, the consent of the legal guardians is required)
- are physically and mentally fit for military service
- have no criminal record that opposes a commitment
Legal Relationship with the State
With the commencement of Voluntary Military Service, the participant establishes a special type of public-law service relationship as a temporary-career soldier, however, with a limited duration and special status rights. Duties, restrictions of fundamental rights, and rights are stipulated by the Soldiers Act, in particular §§ 58b, 58c SG.
Duration and Process of Voluntary Military Service
Commitment Period
The minimum commitment period is six months including basic training. An extension is possible up to a maximum of 23 months (§ 58b Section 2 SG).
Termination of the Service Relationship
Before the end of the service period, the service relationship can be
- by written discharge upon application by the soldier (§ 58c Section 2 SG)
- by Discharge ex officio (e.g. incapacity for service, serious misconduct)
- without notice for serious reasons
be terminated.
Legal Consequences of the Service Period
The period of Voluntary Military Service may, according to specific regulations, be recognized as mandatory service period (e.g. for civil service candidates or pension regulations).
Status and Rights during Voluntary Military Service
Social Law Status
Voluntary military service members receive the status of a temporary-career soldier, with special insurance and welfare entitlements. Social and accident insurance are governed by a separate regulatory regime (§§ 71 SG, Soldiers’ Pensions Act).
Remuneration and Benefits
Benefits include in particular:
- Military pay (determined according to military pay grade, fixed monthly amount)
- Allowance for dependents
- Service uniform and benefits in kind
- Travel cost reimbursement, if applicable, separation allowance
- Assistance in case of illness
Fundamental Rights and Restrictions
Fundamental rights are modified within the framework of the service relationship, in particular by the Soldiers Act (e.g. restrictions on freedom of expression, freedom of assembly, data protection).
Duties and Disciplinary Law
Core Duties
Voluntary military service members are subject to the same duties as all soldiers:
- Duty of obedience
- Duty of confidentiality
- Service and deployment duty
- Military law subordination
Special Provisions for Foreign Deployment
Deployment abroad is permissible for voluntary military service members according to § 6b Section 58b Subsection 4 SG only with express, voluntary, written consent and after a special suitability assessment.
Disciplinary Measures
Violations of service duties can be sanctioned in accordance with the Military Disciplinary Code. This ranges from official warnings to dismissal from service.
Termination and After-Effects of Voluntary Military Service
Legal Consequences of Discharge
After termination of Voluntary Military Service, there is no longer a public-law military service relationship. Certain after-effects (e.g. call-ups for reserve exercises) may continue to exist according to the Conscription Law and Soldiers Act.
Seniority and Equal Treatment
Voluntary military service members are entitled to reinstatement in their previous employment or to an equivalent position according to § 12 Employment Protection Act (ArbPlSchG) and further specific legal provisions.
Practical Significance and Development
Statistical Development
The importance and use of Voluntary Military Service have steadily changed since the suspension of conscription and are continuously monitored by the Bundeswehr. The regulations are regularly adjusted due to changes in defense policy.
Societal and Military Legal Function
Voluntary Military Service makes an essential contribution to recruitment and maintaining the operational readiness of the Bundeswehr. In addition, it serves as a bridge between civic engagement and the defense mission.
Conclusion
Der Voluntary Military Service is a legally regulated, public-law service relationship with numerous specific rights and duties. It represents a significant pillar of German military law, offering young people the opportunity to engage in the military sphere without entering into long-term obligations as a temporary-career soldier or career soldier. The complex system of laws and regulations guarantees a comprehensive legal framework and a clear distinction from other types of service and military forms.
Frequently Asked Questions
What legal requirements must applicants for Voluntary Military Service meet?
Applicants for Voluntary Military Service must meet certain legal requirements, as set out in the Soldiers Act (SG) and the Conscription Law (WPflG). They must be German nationals (§ 37 SG) and have reached the age of seventeen (§ 58b SG, observe youth protection rules for minors). Furthermore, liberty must not have been withdrawn by judicial decision (§ 39 SG). A clean certificate of conduct is required, whereby criminal records can be grounds for exclusion depending on the severity of the offense. Additionally, suitability for service must be proven through a medical examination by an official physician. Moreover, according to § 37 Section 2 SG, there must be no reasons that preclude appointment as a temporary-career soldier (e.g., loyalty conflicts, personal interest in an armed group). Women and men are generally equal under the law. For applicants under 18, written consent from their legal guardians is required (§ 58c SG). A sentence to more than one year’s imprisonment or the loss of eligibility for military service excludes participation.
How is the service relationship in Voluntary Military Service legally regulated?
The service relationship in Voluntary Military Service is governed by the Soldiers Act (SG). Participants are classified as “Voluntary Military Service Members” (FWDL); they are in a special public law service relationship. They are subject to the duties of soldiers as well as the disciplinary provisions of the Military Disciplinary Act (WDG). In contrast to career soldiers or temporary-career soldiers, it is a service relationship limited in time (§ 58b SG), with the duration generally ranging between 7 and 23 months (§ 58b Section 2 SG). Commencement of service and service period are established by a written declaration of commitment and the subsequent appointment notice. Termination by resignation is only possible under the legally regulated conditions (e.g., for health or family reasons according to § 55 SG).
Does Voluntary Military Service fall under general labor law regulations?
No, Voluntary Military Service is not governed by general labor law but exclusively by the Soldiers Act (SG) as well as special statutory provisions of military law. Participants are not employees but are in a special service relationship with the federal government. Working hours, remuneration (military service pay), leave entitlements, and participation rights are not governed by the Working Hours Act, the Federal Leave Act, or the Works Constitution Act, but by the corresponding provisions of military law (e.g., recreation leave according to the Soldiers’ Leave Ordinance). Therefore, rights under the Dismissal Protection Act or collective bargaining law do not apply to voluntary military service members.
What legal entitlements to remuneration and social security exist during Voluntary Military Service?
Voluntary military service members are entitled to military service pay in accordance with the Military Service Pay Act (WehrdiBesG) as well as benefits in kind (meals, accommodation, service clothing) during their service. Pay also includes a military service supplement. During service, volunteers are exempt from contributions to statutory health, nursing care, pension, and unemployment insurance according to § 5 Section 1 No. 2a of the German Social Code VI; the contributions are borne by the Federal Republic of Germany. In the event of damage resulting from a service accident or injury during military service, those affected and their family members are entitled to benefits under the Soldiers’ Pensions Act (SVG). For the duration of Voluntary Military Service, the existing employment relationship is suspended in accordance with § 2 Employment Protection Act (ArbPlSchG).
What legal protection is provided during Voluntary Military Service?
Remedies for voluntary military service members are provided in both the Soldiers Act (SG) and the Military Complaints Code (WBO). Affected individuals can file a complaint against official measures or decisions; initial decisions on complaints are made by the disciplinary superior, and, where necessary, by the next higher superior. In the case of rights violations, there is also legal protection before the military service court. Disciplinary measures can also be reviewed. In addition, the Military Criminal Code (WStG) and the Military Disciplinary Act (WDG) apply during service, under which offenses can be prosecuted and corresponding defense rights exist.
What special protection rights exist during pregnancy, parenthood, and maternity protection in Voluntary Military Service?
Female soldiers in Voluntary Military Service are subject to the same legal provisions on maternity protection, parental leave, and parental protection as professional female soldiers. This is regulated in the Act on Equal Treatment for Female and Male Soldiers (SGleiG) in conjunction with the Maternity Protection Act (MuSchG). Special protection provisions apply during pregnancy, after birth, and during parental leave, such as a general employment ban on deployment, minimum leave entitlements, and protection against dismissal under § 4 MuSchG or § 16 paragraphs 3, 4 Federal Parental Allowance and Parental Leave Act (BEEG). Income losses due to incapacity for service or pregnancy are compensated by transitional benefits or so-called maternity benefits from the federal government.
Can the period of Voluntary Military Service be legally extended or terminated prematurely?
The period of voluntary military service can legally be extended upon application by the participant up to a maximum of 23 months (§ 58b Section 2 SG). The extension is granted upon the Bundeswehr’s approval, taking into account service requirements. Early discharge is possible in special hardship cases, for example, in the event of significant changes in personal circumstances or due to medical unsuitability, upon application (§ 55 SG). Even during the probationary period (usually the first six months), service may be ended by written declaration. If the service ends prematurely, special regulations apply regarding entitlement to transitional allowances and subsequent insurance in the social security system.
