Activities in the volunteer fire brigade, in the technical relief organization or as a lay judge take on an important social function. However, the question arises whether an exemption from work is possible and whether there is a legal basis for this.
Legal requirements for different honorary offices
The exemption obligations of employers vary depending on the type of voluntary work. In the area of fire and disaster protection, the fire protection laws of the federal states provide for volunteer firefighters to be released for missions, explains IHK. In many cases, there is also a claim to continued wages, whereby employers can receive the costs of government agencies. A similar regulation applies to the technical relief organization. The THW Act obliges employers to release their employees for operations and training events. The same applies to shit activities and volunteer judges who are also entitled to exemption according to the German judge law. For election workers, the Federal Election Act regulates that an exemption must be made. Depending on the federal state, further provisions can exist for certain honorary offices, especially in the area of youth work and disaster protection.
Continued wages during the exemption
Whether salary will continue to be paid during an exemption depends on the type of volunteering and the respective legal regulations. With many publicly recognized honorary offices, such as in civil protection or the judiciary, employers are obliged to continue paying wages, according to Trialog magazines from DATEV. In some cases there is the possibility to apply for reimbursement of the costs.
For private honorary posts, for example in sports or cultural associations, there is usually no entitlement to exemption nor for continued wages. These activities must be exercised outside of regular working hours or covered by vacation.
Differences in the federal states
In some federal states, there are clear statutory claims on paid or unpaid exemption for certain activities. In other regions, it depends on individual agreements between employers and employees whether an exemption is possible. In North Rhine-Westphalia, for example, there is a legal right to exemption with continued payment for youth leaders and fire brigade. In Bavaria, voluntary activities in the field of civil protection are also subject to exemption, whereby the financing of continued wage is regulated differently. Baden-Württemberg offers special vacation options for voluntary work in social areas.
Exemption through individual agreements
Some companies recognize the social value of voluntary work and offer voluntary exemptions or special leave. Collective agreements or individual employment contracts sometimes contain regulations that go beyond the legal requirements. In such cases, flexible solutions can be created for volunteers.
Possibilities with refused exemption
If there is a legal right to exemption and the employer nevertheless refuses to be refused, reference to the applicable legal provisions can be helpful. In such situations, it is advisable to consult the responsible state laws or industry -specific regulations.
In addition, clarification in conversation with the employer can help find a mutual solution. If no agreement is reached, it is possible to switch on the works council or a union. In the end, a legal examination can also be carried out to ensure the enforceability of an exemption.
Editor finance.net