Dismissal Resignation Professional Soldier
September 16, 2009 | 40,00 EUR | answered by Andreas Scholz
I would be interested in knowing what options a professional soldier in the Bundeswehr has for termination at the age of 37, with 17 years of service, a vocational training that took place 8 years ago and lasted for 6 months. No university degree. Is termination with a notice period of 3 months the only option, or is there also the possibility of converting to a permanent status (SaZ)? The requirements seem to be met, as the individual is under 40 and has less than 20 years of service. What consequences regarding social benefits need to be considered, and what are the application procedures?
Dear inquirer,
You can request dismissal at any time, § 46 (3) SG. You have reached the time limit of three times the duration of your professional training, as you have been in service for at least ten years.
The form and procedure for requesting dismissal are governed by § 46 (7) SG. The dismissal application must be submitted in writing to the disciplinary supervisor.
Dismissal must be issued for the requested date. Therefore, it can also be issued before three months have elapsed. However, it should not be delayed for more than three months, as per § 46 (7) SG, the last sentence.
You can request conversion according to § 45a SG. You do not need to request dismissal for this, as per § 45a (4) SG. The application must be submitted in writing to the disciplinary supervisor. The employer is not obligated to carry out the conversion. Conversion can only take place in the case of a legitimate interest from the employer's side.
As a temporary military personnel, you are entitled to free medical care as usual. The duration of the entitlement to benefits for the period after service depends on the duration of the temporary service relationship. You should consult a health insurance provider regarding additional insurance. Standard tariffs for "converters" are usually offered here.
I hope this information has been helpful to you. If you have any questions or uncertainties, please feel free to ask.
Yours sincerely,
Andreas Scholz, RA
