FORCE STANDING INSTRUCTIONS FOR THE BRITISH FORCE IN … · 2020-04-02 · fsi(g) 8003 issue 1.0: sep 2019 force standing instructions for the british force in germany standing instruction

FSI(G) 8003

Issue 1.0: Sep 2019

FORCE STANDING INSTRUCTIONS FOR THE BRITISH FORCE IN GERMANY

STANDING INSTRUCTION 8003

RECRUITMENT, EMPLOYMENT AND ADMINISTRATION OF DIRECTLY EMPLOYED LABOUR (DEL) IN

GERMANY

SPONSOR: GEO – J8

“UP TO DATE VERSIONS OF SIs BFG(GEO) ARE AVAILABLE FOR VIEWING ON THE GEO WEBSITE POLICY CENTRE”

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FOREWORD

Unless the context otherwise requires, these Instructions are applicable to all members of the UK Armed Forces, MOD Civilians, UK Contractors and entitled dependants (herein collectively referred as ‘Members of the Force’) serving in the Federal Republic of Germany (FRG) and elsewhere in North West Europe (NWE).

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AMENDMENT RECORD

Amendment No Amended by Signature Date

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CONTENTS

SUBJECT PARAGRAPHS

Introduction 1-4

Responsibilities 5-8 Sub Section 1 - Authorities for employment

Authorities 9-10

Replacement Labour 11-12 Handover Periods 13-15 Temporary Change of Duties 16 LEC Grading 17-18 Unit applications for Job Grading 19 Individual Grade Review 20-21 Employee Grievance against Grading Board Review 22-25 Unit Concern over Grading Board Recommendation 26 New Contracts 27 New Posts 28 Downgrading of Posts Deletion of Posts

29 30-31

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Sub Section 2 – Advertisement, Recruitment and

Contractual issues General

General

32

Requirements for Labour 33

Vacant Posts/Advertising 34-36

Status of Employees 37

Works Permits 38-39

Engagements 40

Multiple Contracts 41-43

Guidelines for the Completion of Contract Forms 44

Distribution of Employment Contract 45

Contract Amendments 46

Replacement Labour 47

Employment Contracts Limited by Date 48

End of Limited Contract 49

Employment on Duties not covered by CTA II 50

Temporary Change of Duties Commencement of Work

51-54

55

Action before Expiry of Probationary Period 56

Agreements not covered by Employment Contracts 57

Employment beyond the federal Retirement Age

58

Free Travel Cost for Potential Employees 59-60

Spare 61-65

Sub Section 3 – Terms and Conditions of Employment

General 66

Hours of Work Regular Weekly Hours of Work 67 Entitlement to Reduction of Working Time 68-72 Extended Hours of Work 73 Overtime 74-76

Work on Sundays and Public Holidays General 77-78 Sunday Work 79-81 Work on German Public Holidays 82-84

Leave Entitlement 85 Leave Carried Forward 86 Transfer of Leave 87-88

Sickness Notification of Sickness 89-90

Death Notification 91 Death on Duty away from Duty Station 92 Disposal of Property on Death 93

Sub Section 4 – Security and Employment Vetting

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General 94

Passes 95-99 Travel to or through Countries to which Special Regulations Apply (CSRA)

100-101

Spare 102-105

Sub Section 5 – Termination of Employment or Alteration of Employment Conditions

Termination of Contract 106 Alteration of Employment Conditions 107

Notice Period 108

Employment During Notice Period 109

Extraordinary Notice of Termination of Employment 110 -111

Involvement of Unit Works Council 112

Reasons for Termination of Employment 113-115

Severely Handicapped Persons (SHP) 116

Maternity and Parental Leave Protection 117-118

Testimonials 119

Spare 120-123

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SUBJECT PARAGRAPHS

Sub Section 6 - Redundancies

Notification to Bundesargentur für Arbiet 124-126

Spare 127-128

Sub Section 7 - Pay and Personal Record Procedures

Payment Procedure 129

Attendance Records 130-131 Personal Records 132-137

Sub Section 8 – Allowances and Bonus Awards

Functional Allowance

Eligibility 138-143

Stable hand Duties 144-145

Performance Allowances

General 146-149

Submission of Applications 150

Reviews 151

LEC Special Bonus Award (SBA) Scheme Aim Justification Awards for Personal Development and Qualifications Fairness and Equality Value of the Bonus Award Recommendation and Approval

152 153 154 155 156 157

Letter of Congratulation 158

Allowance for Difficult Conditions Eligibility 159-161 Allowance for Ammunition Workers 162-171 Charge hands and Leading Charge hands Guide Scales 172

Remuneration and Grading 173

Work on Rotating Shifts

Definition 174 Contracts 175 Exclusions 176

Out of Tariff Allowances Conditions 177-178 Spare 179

Sub Section 9 - Travel and Day Allowances

General 180

Employment Away From the Regular Place of Work 181 Refund of Fares 182

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Kilometre Allowance 183

Travelling Time 184

Day Allowance 185

Travel Allowance - Duties of less than 15 kms 186

Night Supplements 187

Travel Outside FRG 188

Spare 189-190

Sub Section 10 – Discipline/Grievances

Warnings

General 191-192 Procedure 193-196 Medical Absences 197 Criminal Activity 198

Withdrawal of driving Licences from Drivers Continued Employment 199

Sub Section 11 - Training

Nominations for Course of Instruction 200

Resources 201

Procedure 202

Application 203-205

Team Training and Sports Activities 206

Sub Section 12 - Jubilee Payments and Certificates of Service

General 207

Eligibility 208-209

Applications 210 Time Frames 211 Presentations 212 Jubilee Payments 213-214

Sub Section 13 – Welfare

Protective Clothing 215-218

Claims for Compensation for Damage to Personal Property

219-223

Losses to Personal Property 224 Rest rooms 225 Provision of Personal Aids for LEC 226 Accommodation and Meals

Authority 227

Canteens General 228

Responsibilities of OC Employing Unit 229 Canteen Association 230 Works Council Involvement 231

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Sub Section 14 - Losses to Public Funds Caused by Misemployment or Negligence

Misemployment 232-234

Inquiries 235-239

Overpayments 240

Write-off Action 241-242

Spare 243

Sub Section 15 - Health and Safety Matters

Health and Safety Instructions 244

Sub Section 16 – Employee Relations/Works Councils

General 245

Definitions 246

Eligibility 247-248

Elections 249-251

Travel 252

Accommodation and Office Equipment 253

Functions of Works Councils 254

Negotiations Time Frames

255

256-257 Limitations 258-259

Works Agreements 260

Annex A. Spare Annex B. Attendance Records Annex C. Application for Courses Annex D. Application for Performance/Functional Allowance Annex E Application for Grant of Severity and Chargehand Allowance Annex F Applying for an LEC Special Bonus Award Appendix 1 – Applications for Special Bonus Award Annex G Team Training and Sports Activities

Appendix 1 – Activities not considered appropriate for team training Appendix 2 – Application for Authority to Conduct a Team Training Event

Annex H. Extraordinary Notice of Termination Appendix 1 Alternative Form of Notice Annex I. Notification to Works Council Annex J. Travel Security – Notice Board Information Annex K. Notification of Working Hours

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Annex L. Death of an Employee Annex M. Canteen facilities

Appendix 1. Accommodation Stores for Canteens Annex N. Model Charter for Civilian Canteen

Appendix 1. Articles of Association (Example) Annex O. Matters subject to Co-determination

Appendix 1 – Protocol of Signature Annex P. Matters subject to Co-operation

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STANDING INSTRUCTIONS FOR THE RECRUITMENT, EMPLOYMENT AND ADMINISTRATION OF DIRECTLY EMPLOYED LABOUR (DEL) IN GERMANY

INTRODUCTION

1. These instructions deal with the recruitment, employment and administration of DEL who are employed with the British Forces or its Civilian Component in the Federal Republic of Germany (FRG).

2. The term ‘Locally Engaged Labour (LEC)’ is the generic term used to describe DEL,and Dependant employees.

3. DEL are employed under the terms of the Collective Tariff Agreement (CTA II) and the Federal Personnel Representation Law 1974 (FPRL 74).

4. LEC HR are responsible for the day to day administration of DEL employed under this Instruction and for liaison with German authorities and employee representative bodies on employment matters. Employing units and user Units (Category ‘A’ and ‘B’) are not to approach or deal with German agencies direct on employment matters, unless the relevant LEC HR has been consulted and has advised that they should do so. All communications and enquiries received by units from German agencies on employment matters are to be referred to the appropriate LEC HR for advice. Additionally units are not permitted to approach the Unit Works Council or Higher Level Works Council without the explicit authority of the Head of Agency.

Responsibilities

5. OC LEC HR. OC LEC HR is responsible for implementing GEO civil labour policy within his/her Agency boundary, transmission of civil labour policy to Category B units and monitoring its implementation. OC LEC HR provides an HR management service for all Category A units within his/her area. They perform an annual labour support inspection of all Category ‘A’ and ‘B’ units within their dependency.

6. Category ‘B’ - Employing Units. Employing Units are to follow the direction and procedures set out in CTA II and this instruction. Specifically, they are responsible for:

a. The line management and supervision of DEL.

b. The administration of DEL with the exception of tasks which are designated as the responsibility of LEC HR or User Unit in these Instructions.

c. The issue of general instructions for the administration of civil labour employed by them. Such instructions are to be produced in consultation with and under the legal guidance of LEC HR and may, in certain instances, require the Co- operation/ Co-determination of the UWC.

d. Ensuring that labour is not employed in excess of the trades and grades authorised by budget holders.

e. Ensuring that DEL are engaged and terminated in a lawful manner and that IR procedures are not infringed.

f. Attendance records for DEL employees in units which have been given authority for

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self-administration of pay are to be submitted to the Lohnstelle, Soest in accordance with local LEC HR instructions.

7. Category ‘A’ - User Units. User Units are responsible for the line management and supervision of DEL allocated to them. Specifically, they are responsible for:

a. The maintenance of attendance records and the timely submission of completed and certified records to LEC HR.

b. The immediate reporting of absence and casualties caused by illness or accident to LEC HR.

c. Reporting matters requiring disciplinary action to LEC HR. Reports are to be made without delay, initially by telephone and confirmed in writing.

d. Restricting employees' duties to those contracted unless authorised by OC LEC HR.

e. Ensuring that funding has been authorised and agreed for all additional expenditure, such as overtime, any allowance or bonus.

f. Forwarding queries from individual employees on pay and employment to LEC HR for clarification.

8. Queries arising from these instructions are to be referred to LEC HR for clarification.

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GENERAL INSTRUCTIONS FOR THE RECRUITMENT, EMPLOYMENT AND ADMINISTRATION OF DEL EMPLOYEES SUB SECTION 1 - AUTHORITIES FOR EMPLOYMENT

9. Authorities. Authorities for the employment of Civil Labour by units in Germany are:

a. The civil labour complement approved by Budget Holders.

b. Temporary authorities issued by a Budget Holder. 10. DELs employed by LEC HR for other sponsored organisations or NATO units, are to be employed in accordance with Memoranda of Understanding or agreements between British Forces in Germany and the authorities concerned. 11. Replacement Labour. Subject to the provisions shown below labour may be employed as replacement (with fixed term contracts) in the following categories:

a. Personnel absent from work under the provisions of the mother protection law (Mutterschutzgesetz) or the Parental Leave Law (Bundeserziehungsgeldgesetz). b. Personnel absent through sickness (on cessation of payments from Lohnstelle).

c. Personnel undergoing national service with the Bundeswehr, or national service required under legal obligations outside the Federal Republic of Germany.

d. Full or Part Time released Works Council members/Severely Handicapped Persons trustees.

12. Units are to bid for approval to recruit temporary replacement labour to their Budget Holder. If approved, the Budget Holder is to issue an authority to LEC HR to employ replacement labour with any caveats he may wish to impose regarding the type of labour and scope of work etc. On return to work the regular employee is to resume employment under his/her contracted terms and conditions. If the cessation of the temporary contract relates to an event and not a definite date, the temporary replacement is to be notified of the impending return of the regular employee and of the cessation of the temporary contract. In such cases temporary replacement employees should be informed as soon as possible but at lease two weeks (14 calendar days) is to be observed.

13. Handover periods. Handover periods, may be granted by Budget Holders for supervisory, clerical or administrative posts graded C5 (or equivalent) and above and for personal assistants graded C4a. A maximum of five days is recommended.

14. Handover periods should not be required for industrial posts or clerical/administrative post under direct supervision.

15. Outgoing employees are to complete their total leave entitlement prior to the commencement of the handover period.

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16. Temporary Change of Duties. Where OC wishes to place an employee into a higher graded post for the purpose of assessing his/her ability, this may be affected at the same unit without additional pay for a maximum period of three months without upgrading. It is most important that the decision regarding either promotion or return to previous duties is made and actioned before the end of the period specified above for DEL as NO action will result in automatic upgrading. All cases must be specifically agreed by OC LEC HR and will necessitate in the co-operation procedure with the Unit Works Council.

17. Grading. The Forces are permitted to grade posts in accordance with the prescribed parameters of CTA II and other relevant regulations. Gradings are based on the duties allotted to the post and reflected in the individual employee's contract of employment. LEC complements summarise posts and changes require LEC Grading Board validation as well as budgetary confirmation that funding is available for any proposed re-grading.

18. The grade for work carried out is decided by OC LEC HR. However, to ensure any pan Germany issues are taken into account an LEC Grading Board sits monthly. The board is empowered to make the following decisions on evidence submitted:

a. Recommend no change to current grade. b. Recommend an upgrading or downgrading upon evidence submitted. c. Request that a full Worksite Inspection be carried out on the post in question. Where this is the case the inspection report is to be staffed in accordance with instructions issued by LEC HR.

d. Where appropriate recommend the issue of an allowance.

e. In situations where the Grading Board recommends an upgrading or the issue of an allowance, it is the Unit’s responsibility to apply to their budget holder/manager for funding in accordance with current procedures.

19. Unit applications for Job Grading. The Grading Board will require the following documents to support grading action.

a. The proposed or revised job description. b. A list of responsibilities/tasks to be added to and/or deleted from the existing contracted job description. c. A wiring diagram showing Line Manager, his/her Manager and all personnel including the post in question, responsible to the Line Manager.

20. Individual Grade Review. Any employee is entitled, in accordance CTA II, Article 64, to ask for his/her grade to be reviewed. Upon receipt of such requests OC LEC HR is to determine whether the unit supports the employees’ request. If this is the case action should be taken in accordance with para 1.010 above. Where this is not the case OC LEC HR will initiate Industrial Relations (IR) procedures with the Unit Works Council (UWC). Thereafter OC LEC HR will:

a. Discuss the case with the UWC.

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b. Visit the employee’s worksite in order to establish the grounds for the request and obtain the views of the individuals unit.

c. Grade the post in accordance with CTA II Tariff criteria.

21. In situations where it is discovered that the post holder is carrying out work of a higher grade than that in which the employee is contracted OC LEC HR is to advise the unit accordingly. The unit must then decide whether to submit a case to include Budget Holders comments to the LEC Grading Board in accordance with 1.010 above or remove those duties that have been identified as attracting the higher grade.

22. Employee Grievance against Grade Review. Where an employee objects to the results of his/her grade review they may initiate Grade Grievance Procedures. In most cases this will result in a Grievance Board being convened. However, before a Grievance Board can sit a full Worksite Inspection and associated report will be required. Normally OC LEC HR will carry out the Worksite Inspection. However, where the outcome of such an inspection may have a bearing on other similar posts in Germany, LEC HR may nominate an external officer to conduct the inspection.

23. A UWC Representative may be present at the worksite inspection if the employee so wishes. If the employee is SHP the Trustee of SHP may also attend if so requested by the employee.

24. The composition of the Grievance Board will comprise of equal numbers (normally 2) of LEC HR Officers, and UWC/Trade Union officials. The employee, the inspecting officer, and a representative of the employee’s unit will be required as witnesses.

25. The Board is to discuss the grievance raised and is to formulate recommendations to the HOA in writing within five working days after its conclusion. Thereafter the HOA/Grievance Board Chairman is to take action as follows:

a. The Board Reaches a Unanimous Decision. Provided the HOA agrees with the decision he or she is to act according to the Boards recommendations informing the employee and UWC accordingly. Should he or she not agree with the recommendations he or she is to forward his or her concerns to the DMR who will promulgate the final outcome. b. The Board Fails to Reach a Unanimous Decision but a Majority Decision is recorded. The recommendations of each member are to be recorded and submitted to the HOA. After due consideration the HOA will make a decision informing the employee and UWC accordingly. However, should the HOA not agree with the majority decision he is to forward his concerns to the DMR who will promulgate the final outcome.

c. The Board Reaches a Split Decision. The recommendation of each member is to be recorded. The Grievance Board Chairman will forward details to the DMR notifying the HOA accordingly. The DMR will thereafter make a decision and promulgate the final outcome.

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26. Unit Concern over Grading Board Recommendation. If after the promulgation of a Grading Board decision/recommendation a unit wishes to make representation, OC LEC HR is to advise the unit to forward their concerns to the DMR within 10 working days. DMR will review the case and respond as appropriate to the unit direct, with a copy to OC LEC HR.

27. New Contracts. All new contracts of employment, as a result of handover/takeover are to be reviewed by OC LEC HR to ensure that proposed job descriptions are commensurate with the trade and grade level and that the Budget Holders Authority for the post is available.

28. New Posts. Upon receipt of a proposed job description in respect of a new post, OC LEC HR is to present it to the Grading Board.

29. Downgrading of Posts. Downgrading must be effected by serving the incumbent notice of termination of employment and at the same time offering continued employment in the lower grade in the form of an alteration notice. The co-operation of the Unit Works Council is required.

30. Deletion of Posts. If a post is to be deleted co-operation with the Unit Works Council at the appropriate level will be required.

31. Employees are not to be required to carry out duties, which regularly exceed the job levels of their posts otherwise additional payments could be incurred. SUB SECTION 2 – ADVERTISMENT, RECRUITMENT AND CONTRACTUAL ISSUES

32. General. The recruitment of DEL for Military units (including Catering and Mess Services Staff) and sponsored organisations is the responsibility of LEC HR, except in the case of Category ‘B’ units. This organisation may request the assistance of LEC HR in the recruitment of staff.

33. Requirements for Labour. Unit requirements for DEL staff to be paid for by Public Funds are to be forwarded to the Budget Manager according to defined procedures on the designated manning authority form.

34. Vacant Posts/Advertising. A vacant post is one where someone has left or where a new post has been created. To avoid allegations of favouritism, internal applicants are not to be placed directly into such posts by upgrading exercises. All such posts must be advertised. However, external applicants can be told that an internal applicant exists. Advertising for DEL Posts is to be actioned by LEC HR. Subject to the exceptions in para 34.a all vacant posts are to be advertised as follows:

a. The post is to be advertised internally (In house publications, Station Bulletins, etc) for a minimum of 14 days within the commuting area. Longer or wider advertising is not precluded if redundancy provisions or recruiting difficulties require it.

b. The advertisement must state the start date of the post and the closing date for applications. Applicants are to be informed within 7 days of the closing date whether or not they have been short listed.

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c. Applicants have no right to be informed why they have not been short listed. However, it is good practise to state reasons why in general terms.

d. The requirement to notify applicants within 7 days applies equally to situations where posts are being withdrawn or re-advertised. In the latter case the applicant should be informed whether his/her application will automatically be considered for any new shortlist.

35. LEC HR do not, subject to any legal requirements of Garrison policy on wider recruiting, have to advertise posts in the following circumstances:

a. Where Industrial Relations requirements clearly require a particular individual to be offered the post

b. Where the post needs to be filled urgently and UWC agreement to waiver is obtained.

c. Where LEC HR considers that vacancies almost always exist.

d. Where the matter is co-operated with the UWC.

36. Where LEC HR wishes to invoke para 35b rather than advertise a post they are to maintain a register, and its existence is to be regularly advertised, from which individuals will be called for interview. Personnel who are included on the register are entitled to be told how many posts they have been considered for and the reason for rejection. The inclusion on such a register does not imply any right or precedence for short listing and applicants should be advised to respond to all advertisements they are interested in.

37. Status of Employees. Definitions of the status of employees appear at the beginning of these instructions. When a DEL employee of any nationality acquires dependant status by marriage to a member of the Forces or the Civilian Component, as an exception, he or she is to continue in employment under the terms of CTA II until the termination, for any reason, of his/her employment relationship.

38. Works Permits. All non EC nationals are to be in possession of a valid work permit before being accepted for employment as a DEL worker. Employers who disregard this requirement risk the possibility of a substantial fine under Federal Law.

39. Individual employees are personally responsible for the renewal of their work permits. OC LEC HR/Employing Unit is responsible for monitoring the continued validity of works permits and warning the employee in a good time when his/her work permit is due to expire. Where a work permit is due to expire OC LEC HR is to take immediate action to terminate employment.

40. Engagements. All engagements are subject to the terms and conditions of the CTA II and are to be concluded by means of an employment contract between the LEC HR/Employing Unit for the United Kingdom and the employee concerned. Lohnstelle are to be initially informed of an engagement by the submission on Form 24. For Out-of-Tariff employment, LEC HR advice is to be obtained. Engagements are also subject to the Units Works Council cooperation procedures.

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41. Multiple Contracts. The employment of an individual on two separate contracts in different grades or trades is not permitted.

42. The employment of one individual on separate contracts of the same trade and grade with GEO is permitted provided that the total weekly hours of work for the trade/grade laid down in CTA II are not exceeded.

43. LEC HR are to closely monitor all cases where more than one contract is offered to one employee and are to advise units accordingly.

44. Guidelines for the Completion of Contract Forms. Guidelines for the completion of the contract form are as follows:

a. Part I:

(1) Item I to read: Between (LEC HR/Employing Unit title and UIN/EKZ) acting for the United Kingdom of Great Britain and Northern Ireland represented by the Officer Commanding.

b. Part II:

(1) Item 10: Where an employee does not have bank or postal giro accounts, no entry is to be made. The employee is, however, to be advised to open an account as soon as possible and to provide details to the LEC HR without delay. In very exceptional cases the employee may request LEC HR to arrange alternative methods of payments.

(2) Item 14: The authorised grade/trade is to be inserted. Budget Holder’s authority and UIN to be charged to be inserted. The grade is subject to confirmation by OC LEC HR.

(3) Item 15: To be completed in consultation with User/Employing Unit. Job description requires LEC HR confirmation that they fall within the terms of CTA II and current labour legislation.

(4) Item 17: For other than indefinite employment see paragraphs 12 to 14 below.

(5) Item 18: The date to be entered is to be the first day of employment. Where this is the first working day of the month, but not the first calendar day, the first calendar day is entered.

(6) Item 19: Dates to be entered in accordance with CTA II, Article 5. Extensions are only permitted under the circumstances described in CTA II, Art 5.2. In such cases the extension is to be agreed with the employee and notified using a contract amendment form.

(7) Item 20: In accordance with CTA II Art 8 the date of uninterrupted service with the Sending States’ Forces is to be shown, regardless of previous trade and grade.

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(8) Item 21: Location (municipality) of employee's permanent duty station to be entered. (Note: This is not necessarily the Employing/User Units location).

c. Part III: Completed by LEC HR.

d. Part IV: Cancelled.

e. Part V:

(1) Item 39: text to be entered: “False statements made by the employee with regard to any part of this document may lead to the annulment of the employment relationship. “Falsche Angaben, die vom Arbeit-nehmer zu irgendeinem Eintrag in diesem Dokument gemachtwerden, können zur Nichtigkeit des Beschäftigungsverhaeltnisses führen.” (2) Item 43: Text to be entered: “The grading shown at item 14 is

provisional until confirmed at item 30.” (3) Item 45: Not Applicable. (4) Items 40, 41, 42, 44 are to be brought to the attention of the employee.

45. Distribution of employment contract. After items 1 to 29 have been completed, all copies are to be submitted to OC LEC HR, who is to:

a. Check all entries.

b. Examine item 14 in relation to item 15 and check that correct employment authority exists.

c. When satisfied with employment authority, job description and grade, sign Part III and forward all copies to User Unit for signature at items 48, 49 and 50.

d. User Unit returns all copies to LEC HR after signatures.

e. LEC HR, after signature at item 51, submit one copy to Lohnstelle, one copy to the employee and retain one copy.

46. Contract Amendments. Contracts may be amended by means of a contract amendment form. The procedures described above apply.

47. Replacement Labour. The Employment Contract Form 652 is to be used for contracting replacement labour. The period for which the contract is to run is to be entered at para 17 of the form. This will normally be the date on which the contract ceases, e.g. “until the return of the (named) incumbent of the post”. The reason for the limitation of the contract is to be shown, e.g. sick replacement.

48. Employment Contracts Limited by Date. It is not permissible to conclude

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fixed term contracts without an objective reason with employees who have previously been employed with the Forces on a fixed term contract nor in an indefinite employment relationship. The conclusion of such a contract is permissible for a maximum period of up to 2 years. Contracts concluded for a period shorter than 2 years may be extended for no more than three times up to maximum of 2 years.

49. End of Limited Contract. An employment contract limited by date shall end when the agreed times expires. An employment contract limited by purpose shall end when the purpose has been achieved, but no later than two weeks after the employee has received the employer’s written notification of the time when the purpose has been achieved.

50. Employment on Duties not covered by the CTA II. On initial engagement

into an out of tariff employment such as described in CTA II Art 2 an employee will be graded by OC LEC HR/Grading Board who may wish to carry out an onsite or a worksite inspection.

51. Temporary Changes of Duty.

a. DEL employees who are temporarily assigned to predominantly perform higher graded duties are to be upgraded after such duties have been performed for 30 consecutive calendar days. Interruptions during this period of less than 2 weeks are to be disregarded.

b. Temporary assignments may be as replacements for incumbents of post (including military and civil service posts) who are temporarily absent or to temporarily fill vacancies pending the appointment of a permanent incumbent of a post.

c. Temporary assignments to posts normally filled by military or civil service personnel requires the grading of such posts under the terms of the CTA II prior to the assignment taking place. It is, therefore, mandatory that line managers concerned, identify which duties are to be undertaken by the DEL employee assigned to the post and submit an appropriate statement to OC LEC HR together with the application for the temporary upgrading. OC LEC HR is to assess the grade in accordance with the provisions of CTA II. If the assessment results in a grading which is more than one grade higher than the one currently held by the employee, the Business Manager is to be consulted in order to confirm the assessment.

d. The temporary upgrading is to be documented by an amendment to the current contract of employment. The amendment is to identify the duties to be undertaken, the grade assessed and duration of the temporary upgrading. Furthermore it is to state that the temporary upgrading is granted under the provisions of Article 53.1, CTA II.

e. Immediately after the period of temporary upgrading expires employees affected are to return to their previous employment and grade. If the expiry date depends on an event, (e.g., arrival of a regular incumbent) Lohnstelle Soest is to be informed in good time in instruction to avoid overpayments. f. Care is to be taken that provisions of Article 75 (1) 2, FPRL are met.

52. Temporary replacements involving periods in excess of 30 days

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represent additional costs and require the authority of the Budget Holder. 53. Temporary replacements of up to 30 days by existing employees may be authorised by OCs’ Employing Units.

54. Where an OC wishes to place an employee into higher graded post in accordance with the provisions of CTA II, Art 53.2 to assess his/her suitability for upgrading, he may do so, without additional pay, for a period of three months for wage earners and three months for salaried employees. Such an agreement should be documented in writing. The agreement is to be signed by the employee and the Head of Agency, and is subject to cooperation with Unit Works Council prior to commencement. 55. Commencement of Work. Commencement need not to be delayed pending final completion of the employment contract, provided that authorised manpower cover exists and security vetting has been successfully completed. The employee is, however, not to be given any binding offer with regard to grade and job description except by the LEC HR. It should also be noted that the contract of employment commences the date on which the employee starts work and not the date upon which he /she signs their contract. Limited contracts must be signed prior to the commencement of employment.

56. Action before Expiry of Probationary Period. In cases where it is found necessary to dismiss an employee during the probationary period, notice must be served in accordance with the provisions of Art 43 CTA II and Art 79(3) FPRL.

57. Agreements not covered by Employment Contracts. No verbal or written agreements are to be made by Employing or User Unit management which are beyond the scope of the employment contract or formally approved works agreement. This relates particularly to transport, working and break timings where informal arrangements may become a feature of the employment through custom and practice.

58. Employment beyond the federal retirement age. Continued employment for persons over the federal retirement age is permitted in their current contract subject to co-determination with the appropriate Works Council as outlined in FPRL Article 75 (1) 5. However, it must be noted that where an employee is employed on an ‘indefinite’ contract, continued employment beyond the federal retirement age is also to be on indefinite conditions. Such employment beyond the federal retirement age is exceptional and specific authority must be obtained from LEC HR well in advance of the retirement date. A full justification must be provided by the user/employing unit as part of the application for authority.

59. Free Travel Cost for Potential Employees. When it is necessary for a potential employee to travel a long distance for an interview OC LEC HR has a legal requirement to issue a travel warrant (form B Mov 1) for second class rail travel. Alternately the potential employee may be re-imbursed road travel costs at the current rate in accordance with CTA II, Appendix R. Costs are to be charged to the recruiting unit’s UIN. Overnight subsistence is not applicable.

60. In certain circumstances potential candidates are to be made fully aware in writing together with the invitation to attend an interview, that the costs arising in this context will not be borne by the Forces.”

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61 - 65 – Spare. SUB SECTION 3 - TERMS AND CONDITIONS OF EMPLOYMENT

66. General. Terms and conditions of work for DEL employees are contained in the Collective Tariff Agreement (CTA II), and it’s Appendices. Contracts of employment are to be concluded on the basis of the CTA II unless separate agreement is given by LEC HR to enter into an out of tariff agreement. All queries on the interpretation of the CTA II are to be addressed to LEC HR. Hours of Work

67. Regular Weekly Hours of Work. Regular Weekly Hours of Work are to be established by the LEC HR/Employing Unit within the terms of the CTA II. Daily working hours and the distribution of hours and breaks are to be agreed in co-determination with the Unit Works Council. Once agreed, the hours of work are to be prominently displayed in the form of a Works Agreement for the information of all employees. An example of a Works Agreement is at Annex K to this instruction.

68. Entitlement to reduction of working time. In accordance with the provisions of the law on part-time work and definite contract law an employee who has been employed for more than 6 months has the right to ask that his/her contractually agreed working time be reduced. The employee must make his/her claim for a reduction in working time and the statement as to the extent of the reduction at least three months before it is due to commence. The employer must inform the employee in writing of the decision on the reduction in working time one month in advance of the desired commencement at the latest. If the employer has not rejected the reduction in working time or the desired division of the working time within this time frame the working time shall be reduced to the extent desired by the employee. The same applies to the division of the reduced working time applied for by the employee. In all cases of employees asking for their working time to be reduced, the written advice of OC LEC HR is to be obtained immediately.

69. Regular weekly and daily hours of work are to be notified to the Lohnstelle through LEC HR. Notification is by means of the form at Annex K to this instruction.

70. Advice from LEC HR should be sought prior to any increase or reductions to hours of work of an employee.

71. The regular weekly hours of work are laid down at Art 9 CTA II and variations are detailed in the CTA II appendices.

72. The working week is normally five days, but in certain trades may be set at six days. The working week is calculated from 0000hrs Monday to 2400hrs Sunday.

73. Extended Hours of Work. The regular hours of work may be extended for certain types of employment in accordance with tariff provisions. In such cases the additional hours are paid at normal hourly rate and not overtime rates. Once set, however, the extended hours become a feature of the contract and must be paid whether or not the additional hours are worked. The advice of OC LEC HR is to be sought where it is proposed to set extended working hours.

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74. Overtime. Overtime hours are those worked in excess of the regular weekly working hours at the request of management. Overtime attracts an hourly basic compensation, plus overtime supplements. The hourly basis compensation may be replaced by Time Off In Lieu (TOIL) within a set period dependent upon tariff provisions, but the supplements must still be paid. The Budget Holder’s authority is therefore to be obtained before any overtime is worked even if (TOIL) is to be given.

75. Employees are to be informed before overtime is worked whether it is to be compensated by additional pay or TOIL.

76. When planned overtime is required, the matter is to be co-determined with the UWC. OC LEC HR/Employing Unit is to provide a written authority to the UWC showing the number of employees and grades involved and the reasons for the overtime. A copy is to be forwarded to LEC HR. Overtime of up to two hours, which is unplanned and required at short notice, for a single requirement is a management right of direction (Direktionsrecht) and does not require UWC participation however, the UWC is to be informed in retrospect and at the earliest opportunity, when such overtime has been worked.

Work on Sundays and Public Holidays

77. General. Work on Sundays and public holidays attracts additional supplements and is to be restricted to essential tasks only.

78. Where Sunday and Public Holiday work is a feature of employment; mess staff, nurses, drivers, watchmen etc. a clause to the effect is to be included in the employment contract and the employee is to be advised of this commitment on engagement.

79. Sunday Work. In units where Sunday work is required regularly, the work must be performed within the regular weekly working hours established in the unit. The supplements for Sunday work are in accordance with CTA II, Article 20.

80. Employees nominated for regular Sunday work are to be given one month’s notice in a duty roster.

81. A compensating day off is to be given for every Sunday worked where possible and the lower supplement rate paid.

82. Work on German Public Holidays. Employment on German Public Holidays is to be restricted to essential tasks only. The following days are defined as or to be treated as holidays for DEL and actual dates are notified annually in General Routine Instructions:

a. New Years Day Whit Monday

Good Friday German Unity Day (3 Oct)

Easter Monday Christmas Eve*

1 May Christmas Day

Ascension Day Boxing Day

* Work free day CTA 11 Article 28.

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b. In North Rhine Westphalia the following additional holidays are

observed: Corpus Christi All Saints (1 Nov)

c. In Schleswig Holstein the following holidays will only be observed in communities with predominantly Protestant or Roman Catholic communities, as applicable:Reuniformation Day Corpus Christi

d. In Bavaria the following holidays in addition to those at sub para 'a' above

Heilige Drei Könige Corpus Christi Mariä Himmelfahrt All Saints

83. Public Holiday work is normally to be compensated by Time Off in Lieu (TOIL) where possible in the preceding, the same or the following week. There are however, exceptions to this ruling, for example P tariff employees. LEC HR should be consulted in such cases.

84. Where moveable holidays fall on a Sunday, employees required to work will be entitled to a day off for the public holiday plus a day off for the Sunday. Supplements will be paid at the Public Holiday rate.

Leave

85. Entitlement. The leave entitlement for DEL is regulated at Art 33 CTA II. The leave year is the calendar year and OC’s of Employing/User Units are to ensure that, where possible employees take their leave allocation by 31 December each year.

86. Leave Carried Forward. Transfer of leave to the following leave year may be permitted only where urgent operational or personal reasons such as illness prevent the taking of leave by 31 December. In such cases carry forward of leave must be applied for before 31 December and is to commence by 31 March of the following year unless the employee is prevented by unfitness for work in which case the leave is to be commenced within two months of the establishment of fitness for work. The authority of OC LEC HR/OC Cat B Unit is required in all circumstances where leave is to be carried forward.

87. Transfer of Leave. Employees transferring between Agencies remain employed with the same employer i.e. the Crown, and cannot therefore be legally required to take their leave prior to the transfer to another Agency.

88. Leave may, in exceptional circumstances have to be compensated by cash payment, for example, when a notice period is insufficient to cover the leave entitlement. The Budget Holder is to be informed in all cases. It is not permissible to make payments in lieu of leave in cases of transferring to another agency because the employee's employment relationship does not end.

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Sickness

89. Notification of Sickness. When an employee is absent from work through sickness he/she is required to provide the User/Employing Unit with:

a. Immediate notice of his unfitness to work and anticipated duration.

b. A medical certificate from a doctor on the 4th

day if the sickness continues

beyond the 3rd

day. It should however, be noted that in some LEC HR areas,

upon agreement with Unit Works Councils, Medical Certificates are required

for the first day of the sickness. Individuals may also be required to provide a

sickness certificate from day 1 of any period of unfitness for work without

agreement of the Unit Works Council (Article 29,4c of CTA II refers).

c. Follow on certificates covering any continuing period of unfitness for work.

90. Second Opinion. When, during a period of sickness, there are justified doubts over an employee’s actual state of health, management may require the employee to submit to an examination by the Occupational Medical Practitioner or doctor of mutual trust to confirm the employee’s unfitness for work in accordance with CTA II Art 29.4d. Applications for second opinion examinations are to be made to LEC HR. Bills are to be processed through LEC HR.

Death

91. Notification. On the death of an employee the User/Employment Unit is to endorse the employee’s attendance record with the date of death and forward it to LEC HR. The Business Manager is to be informed by telephone, followed as soon as possible by a short report in the format of Annex L to this instruction. A Form 126 is to be raised to notify the termination of employment.

92. Death on Duty Away from the Duty Station. The employer is responsible for returning the body of a deceased employee to his/her home where death occurs on duty away from the duty station. In these circumstances Service transport may be used to transport the coffin. No claim for reimbursement can be accepted if the next of kin wish to make private arrangements to move the body.

93. Disposal of property on Death. Where a deceased employee leaves personal effects in MOD property the local Amtsgericht is to be approached to take custody and deal with disposal of the effects. SUB SECTION 4 – SECURITY AND EMPLOYMENT VETTING

94. DEL are to be security vetted and records maintained in accordance with SI GEO 2115. LEC HR are responsible for forwarding the necessary documentation to the Vetting Section. DEL are to produce a police clearance certificate (polizeiliches Fuehrungszeugnis) prior to formal engagement. Where a police clearance certificate or an appropriate pro forma indicate unspent convictions, details are to forwarded to the Business Manager for a decision regarding the individuals’ suitability for employment.

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95. Passes. Civil Labour passes are to be issued in accordance with local procedures to all civilian employees who are required to work in areas which have been designated as places into which entry is to be controlled.

96. Passes are to be issued in accordance with current security instructions and the advice of the local Security Section is to be obtained in cases of doubt. Passes are serially numbered and a register of issues and withdrawals is to be maintained. When an employee is discharged the pass issuer is to withdraw and cancel the pass. Periodic checks are to be carried out by the OC User Unit of stocks of passes and records of issues and withdrawals.

97. The control and issue of passes is not to be delegated to DEL employees. Where difficulty is experienced in providing UK staff for this duty advice is to be obtained from the local Security Section.

98. Spare.

99. Ex-employees who fail to return their passes are to be warned in writing that if they do not surrender the pass recovery action will be taken through the German Civil Police. If this does not produce results, the matter is to be referred to the relevant Service Liaison Officer for further action.

Travel to or through Countries to which Special Regulations Apply (CSRA)

100. DELs are required to give prior notice to their Head of Establishment of any intention to travel or go through any of the countries listed in Annex J to this instruction.

101. Travel in or through countries listed includes the use of any air, sea or rail facilities operated by that country anywhere (See SI GEO 2110 (Travel to Foreign Countries to which Special regulations Apply)). The following action is required:

a. A notice in the form at Annex J to this instruction is to be permanently displayed on the Unit Civilian staff notice board.

b. The notice is to be drawn to the attention of all new employees and annually between Dec and Apr to all employees.

c. Heads of establishments/branches who are informed by an employee of an intention to travel to or through the listed countries are to pass this information under – OFFICIAL SENSITIVE cover, together with full employment details of the employee to their local Security Section.

d. LEC HR are to check that the above procedure is being followed when making routine labour support inspections.

102 – 105 – Spare SUB SECTION 5 - TERMINATION OF EMPLOYMENT OR ALTERATION OF EMPLOYMENT CONDITIONS

106. Termination of Contract. Heads of Agency intending to issue any notice

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of termination of employment or alteration of employment conditions, are to obtain, LEC HR advice prior to any action being taken. Subject to LEC HR confirmation that the notice is legally justifiable the following action is to be taken:

a. Head of Agency is to ask the employee who is to be served with notice if he/she is registered as Severely Handicapped Person or has applied for such registration, if the answer is ‘yes’ action is to be taken as per paragraph 116 below.

b. Notice is to be served in accordance with CTA II, Art 47.1. The notice is to be signed by Head of Agency or his authorised deputy and the original is to be handed to the employee. In cases where the Head of Agency has temporarily handed over power of attorney, that statement/notification is to be attached to the letter of termination. A receipt or witnessed statement of receipt is to be obtained. Any other form of transmission should be cleared with LEC HR. Cooperation procedures in accordance with FPRL Arts 72 and 79 are to be completed prior to the issue of notices. Note: Form 126 is not to be used as a notice.

c. Form 126 is to be completed by LEC HR/Employing Units with particular attention being paid to the accuracy of termination dates and reasons for termination. Any request for replacement labour on the form is to be accompanied by Budget Holder’s authority. Completed copies of Form 126 are to be returned to LEC HR for distribution.

d. If a revised termination of employment becomes necessary during a notice period, this also requires the issue of a new Form 126.

e. The reasons for termination is to be cleared with LEC HR whenever it is intended to agree to shortened notice period or to transfer employees to another unit

f. Employing Units (Category ‘B’) are to inform LEC HR of the issue of notices by telephone or Fax and confirm in writing and LEC HR in turn are to inform the Lohnstelle by the fastest possible means in instruction to avoid overpayment.

107. Alteration of Employment Conditions. Alteration of employment conditions consists of termination of the current employment relationship and the immediate continuation of the employment relationship under the revised conditions. The letter of termination of employment must contain an offer to continue employment under the revised conditions, which are identified in the letter. Co-operation with the UWC as detailed above is required.

108. Notice Periods. Notice periods for DEL are contained in Art 44, CTA II.

109. Employment during notice period. Wherever possible, employees are to continue to work in their post during notice periods. If this is impracticable employees may be tasked by the LEC HR/Employing Unit with other work within their contracted duties at their contracted duty location or within the commuting area. In the latter case travel allowances as specified in CTA II, Appendix R are to be granted. Employees who cannot be employed during the notice period for whatever reason

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will nevertheless continue to be paid during the notice period. For such employees BFG Form 24 is to be submitted to LEC HR as if the employee has worked. Leave due to the employee is to be taken during the notice period. Exceptionally and with the Budget Holder’s approval pay in lieu of leave may be granted for urgent operational reasons. LEC HR confirmation and early notification is required in such cases.

110. Extraordinary Notice of Termination of Employment. In cases of dismissal by extraordinary notice of termination of employment, including dismissal without a notice period, it is essential that action is taken as soon as the reasons for the extraordinary notice have been established. Notice is to be received by the employee concerned within two weeks of the date on which the person authorised to serve notice (Head of Agency or his authorised deputy) had knowledge of the reasons for the extraordinary notice. The form and wording is outlined at Annex A to this section. The hearing procedures in accordance with FPRL, Art 79 (3) must be completed prior to the issue of extraordinary notice. In cases where the Head of Agency has temporarily handed over power of attorney, that statement/notification is to be attached to the letter of termination. All cases of this nature are to be referred to OC LEC HR prior to the issue of notice.

111. In addition to the extraordinary notice, the OC LEC HR/ Employing Unit may issue an alternative ordinary notice in case a labour court finds the extraordinary notice invalid. The text of the alternative ordinary notice is at Appx 1 to Annex A to this section. The issue of the alternative ordinary notice requires co-operation procedure in accordance with Art 72 FPRL. This co-operation procedure is to be initiated separately, but at the same time as the hearing procedures, in accordance with Art 79 (3) FPRL. The co-operation procedures must be completed prior to the issue of the alternative ordinary notice.

112. Involvement of Unit Works Councils. Works Councils are to be consulted on dismissals as described in Sub Section 10. Co-operation procedures must be completed prior to the issue of notices. Co-operation procedures and hearing procedures are to be initiated using the Form at Annex I to this instruction.

113. Reasons for termination of employment. Letters of notice of termination of employment must contain the reasons for the issue of the notice. Reasons are to be clearly detailed with events, dates, times, previous written warnings. General statements such as “frequent unexcused absence”, or “repeated unsatisfactory work”, are unlikely to withstand legal scrutiny and are not to be used.

114. Form 126 is to contain the specific reasons for the termination of employment relationships. The reasons must be clearly stated. OC LEC HR is to scrutinise all entries and confirm the reasons for termination.

115. Examples are:

a. Death of the employee. b. At own request to take up employment in the private sector.

c. Transfer to ..... (name of new Employing Unit).

d. Health reasons - on medical advice.

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e. Annulment contract to take employment in private sector.

f. Retirement/Early Retirement.

g. Redundancy as a result of ........ (measure).

h. End of definite contract.

i. Extraordinary notice for ..... (reasons). Note: Where an employee terminates employment with the agreement of the Head of Agency, in instruction to take up employment with another Unit, the following entry is to be made:

“Resigned in instruction to take up employment as …(Trade)….(Grade) and effective date with ….(unit). Previous service may be calculated as if the employee had not resigned.”

116. Severely Handicapped Persons (SHP). Additional actions are required by law in accordance with the Severely Handicapped Persons Law, before an employee who is registered as Severely Handicapped may be served notice of termination. Before notice is given the User Unit is to provide details of the case to OC LEC HR who is to apply to the Integrationsamt or Hauptfürsorgestelle, through the Lohnstelle, for approval to discharge the employee. LEC HR are not to approach the Integrationsämt or Hauptfursorgestelle direct. Negotiations over the dismissal of SHP can be protracted while the German Authorities seek to ensure that no possible alternative exists.

117. Maternity and Parental Leave Protection. The employment and discharge of expectant mothers and employees on parental leave is governed by the provisions of the Mother Protection law (Mutterschutzgesetz) copies of which are held by LEC HR. In units employing more than three female DEL employees a copy of the Mother Protection Law, in German; is to be prominently displayed where all employees can see it.

118. Dismissal is normally forbidden during pregnancy and four months after confinement and also during the parental leave (Elternzeit). However, where discharge becomes necessary LEC HR is to prepare a case for the Lohnstelle to submit to the appropriate German Authority, the Gewerbeaufsichtsamt, whose prior approval must be obtained before notice of dismissal may be served to an employee protected by Mother Protection or Federal Parental Leave Law.

119. Testimonials. Testimonials are to be provided to employees on request in accordance with the provisions of the CTA II by Heads of Agency or their authorised deputies. The following rules apply:

a. It must show the nature and duration of the employment.

b. If requested by the employee, it must contain a statement about the work performance, conduct and reasons for termination of employment.

c. It must not contain any statement which may be detrimental to the employee in obtaining future employment or being disadvantageous to

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his/her future professional career.

d. Translations of testimonials are to be carried out by a qualified translator. 120 – 123 Spare SUB SECTION 6 - REDUNDANCIES

124. Notification to Bundesargentur für Arbiet. Employers are obliged to notify the Bundesargentur für Arbeit of certain changes in manpower complements which are expected to result in dismissal or reductions in pay of employees. The notification changes are:

a. Dismissal of more than 5 employees in Agencies/Employing Units employing 21 to 59 employees.

b. Dismissal of 10% or 25, whichever is the least, in Agencies/Employing Units with 60 to 499 employees.

c. Dismissal of 30 employees or more in Agencies/Employing Units normally employing more than 500 employees.

125. The notification is to be in letter form and is to contain the following information:

a. The number of employees regularly employed.

b. Number of employees to be dismissed or reduced including name, age and occupation.

c. Number of severely handicapped persons affected, including name, age and occupation. (Art 13, paragraph 6 of Severely Handicapped Persons law refers).

d. Estimated date of dismissals and/or reductions. e. Reasons for the dismissals/reductions. f. Unit Works Council comments are to be attached to the notification.

126. Notification action is to be through LEC HR 127 - 128 Spare

SUB SECTION 7 – PAY AND PERSONAL RECORD PROCEDURES

129. Payment procedure. The computation and payment of wages/salaries is carried out by the German Pay Office in Soest (Lohnstelle) for DEL on the basis of pay information supplied by LEC HR.

130. Attendance records. Attendance records (Forms 24) are to be completed and certified at unit level by an authorised person (see paragraph 238). Instructions for the completion of attendance records are at Annex B.

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131. It is admissible for units to use local produced pro forma to support the Form 24. As an example a chargehand or shift supervisor will have the responsibility of recording individual’s daily attendance and passing it to the Line Manager responsible for signing of the Form 24. Such pro forma are to be regularly audited and retained along with unit copy of the Form 24.

132. Personal records. A personal file is to be maintained for each employee by LEC HR. Personal records are defined as:

"Contracts, Personal questionnaires, testimonials, medical reports, grading/classification documents and performance assessments, plus applications and written statements made by the employee."

133. Files are to be maintained in accordance with the Federal Data Protection Act. Duplicate files are not to be maintained other than those appertaining to attendance records and where appropriate, contact details. Employment records of employees, including details of annual leave, sickness, special and unpaid leave, absenteeism, trade grade etc., are to be held on Resource Link by LEC HR in accordance with current legislation detailing the storage of data on magnetic media.

134. Employees must be allowed access to their personal files on request. They may nominate (in writing) a representative to inspect the contents of the file and the employee or his representative may make a copy of the contents of the file. Personal files held centrally by LEC HR are to be made available on demand without undue delay.

135. Protectively marked material is not to be held on personal files.

136. Documents containing items which may be seen as an allegation against the employee, or any disadvantageous/derogatory statement, may only be included in the employee's personal file after the employee has been given the opportunity to comment on the matter.

137. Personnel files are to be forwarded to any new LEC HR on change of job. They are to be retained by LEC HR for two years after the final termination of employment.

SUB SECTION 8 – ALLOWANCES AND BONUS AWARDS Functional Allowances

138. Eligibility. Eligibility to a Functional Allowance may be viewed under two separate sections:

a. Where an employee, for a limited proportion of his/her working time performs work at a higher level than his contracted grade, provided it is on a regular basis, he may be compensated by an allowance which represents the difference between the pay of his contracted grade and that of the higher grade. He will only receive the allowance for those hours during which this higher evaluated function is performed.

b. The higher graded duties recognised by this allowance may never

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normally exceed 50% of the hours worked, as this would indicate that the job is incorrectly graded. Each case will require the authority of LEC HR.

c. A Functional Allowance may also be considered for an employee who is contracted to one trade and grade, yet regularly performs unrelated work at the same level for part of his working time (e.g. An electrician A4/5 who works for part of his time as a refrigerator mechanic, A4/5).This recognises diverse skill, even though the skills are of equal value. The allowance granted under these circumstances would normally be at a lower level than that granted in recognition of higher graded duties.

139. Functional allowances are not to be written into contracts of employment and the contracted job description is not to refer to those duties which are compensated by the allowance.

140. The allowance is to be for a set period, not exceeding one year and this is to be notified to the employee in writing by LEC HR. The employee is also to be informed in writing that if the conditions justifying the allowance cease, the allowance will be withdrawn. A copy of the notification is to be signed by the employee and held in his personal file. 141 - 142 Spare

143. The continuing need for the allowance is to be examined annually to ensure that the conditions justifying the allowance remain extant. Applications for renewal of authorities are to be submitted to the unit’s Budget Manager stating why it is necessary for the employee to continue to perform the extra function. The authority to extend Functional Allowances is delegated to OC LEC HR.

144. Stablehand Duties. An entitlement to a Functional Allowance for Stablehand duties may exist where a driver is responsible for cleaning and maintaining vehicles in addition to his own. Budget Holders may authorise the allowance, observing the conditions as detailed. The recommended scale is as follows:

a. 2 vehicles including own vehicle = 3%

b. 3 vehicles including own vehicle = 4%

c. 4 vehicles including own vehicle = 5%

d. 5 vehicles including own vehicle = 6% 145. The allowance is to be reduced or withdrawn with effect from the date that the number of additional vehicles decrease, or the duties cease to be required.

Performance Allowances

146. General. A performance allowance may only be granted for outstanding work performance of key employees. To qualify, work performance will normally need to be quantifiable from productive output and the allowance will usually only apply to tradesmen. Isolated instances may however occur where semiskilled or unskilled employees, by virtue of exceptional industry, may be considered for a performance allowance.

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147. Performance allowances are not to be granted in an amount, which would raise the gross wage of an employee to a level equal to, or above, the wages of employees of a higher wage group in the same trade.

148. The views of the Works Council may be heard.

149. Each recipient of a performance allowance is to be informed in writing that the allowance is granted for a specific period; no longer than 12 months and of the reasons for the allowance. The employee is to be given a detailed description of the standard or

the quantity of work he/she is required to maintain. He/she is also to be informed that if the conditions justifying the allowance cease to exist, the allowance will be withdrawn. Performance allowances are not to be written into employment contracts.

150. Submission of Applications. The procedure and method of submission is the same as that for Functional allowances in paragraphs 138 to 143.

151. Reviews. The continuing need for the allowance is to be examined annually to ensure that the conditions justifying the allowance remain extant. Applications for the renewal of authorities are to be submitted to the unit Budget Manager stating why it is necessary for the employee to continue to perform the extra function. The authority to extend Performance Allowances is delegated to OC LEC HR. Where the circumstances justifying an allowance continue a new authority is to be issued.

LEC Special Bonus Award (SBA) Scheme 152. Aim. The LEC Special Bonus Award (SBA) scheme is designed to recognise and reward instances of exceptional performance among the LEC workforce. The payment of a bonus award is the acknowledgement, by management, of an extremely well-performed specific assignment or exercise, rather than continuous good performance by staff throughout the year.

153. Justification. The successful completion of a task, by significantly exceeding quality, quantity, time, or cost parameters, is the principal criterion for judging whether an employee (either as an individual, or collectively as part of a team effort) merits a bonus award. Alternatively or additionally, an award can be justified by determining whether appreciable value has been gained for the business in relation to output and corporate image.

154. Spare

155. Fairness and equality. It is the responsibility of line managers and budget holders to ensure that recommendations for bonus awards meet the criteria laid down in this instruction, and that the system works fairly. Managers are reminded that the MOD is committed to equal opportunities; they must therefore ensure that they avoid discrimination when recommending awards. LEC employees should receive equal reward (in terms of net pay) for comparable attainments.

156. Value of the Bonus Award. Awards must reflect the significance attributed to the employee’s achievement, its benefit to the department and must be fair and consistent. Individual awards are to be restricted to a maximum of €1,500 (take home value/net). Exceptionally, and for the most outstanding cases only, budget holders may recommend a bonus award which exceeds this amount. Such applications will

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require the personal endorsement of the Business Manager as well as the Budget Holder. 157. Recommendation and Approval. Applications for an LEC Special Bonus Award should be initiated by the employee’s line manager (recommending officer), and must be endorsed at a level no lower than Lt Col/C1 or equivalent (normally the budget holder). Commanding Officers of the rank of Lt Col may also endorse applications for bonus awards, provided they have the necessary budgetary authority. Applications for bonus awards should be made using the flow chart at Annex F and the application form at Appendix 1 to Annex F. Recommending officers are not to inform individuals that their name has been put forward for a Special Bonus Award until the outcome of the application is known. 158. Letter of Congratulation. Line Managers are to inform the employee of the Special Bonus Award verbally and complete/present them with a letter of congratulations using the template at Appendix 2 to Annex F. Allowances for Difficult Conditions of Work (Severity Allowance)

159. Eligibility. Allowances which are payable for particularly difficult conditions of work are listed in the CTA II, Appendix S. Before an allowance may be paid, units are to obtain written confirmation from the LEC HR that the conditions under which the employee works justify payment of the allowance. On receipt of confirmation the unit is to obtain financial authority from the Budget Holder.

160. The continuing justification to the allowance is to be confirmed at periodic Labour Support Inspections.

161. The following points are of particular importance in assessing eligibility to severity allowances:

a. Severity allowance is only to be paid for the exceptionally severe or difficult conditions specified in CTAII Appendix S.

b. Where duties involve more than one difficult condition, the allowances in respect of each separate condition may be cumulative. Details are contained in CTAII Appendix S. Allowances will normally only be paid for those hours during which the employee is subject to the difficult conditions.

c. The allowances in respect of climatic influences; persistent heavy rain, severe cold, snow, hail etc., will only be payable for those hours during which work is carried out in the open under particularly disagreeable, or abnormal, conditions.

d. Severity allowances do not apply to Watchmen or Fire Fighters.

162. Allowance for Ammunition Workers (Danger Allowance). Danger Allowance is payable for DEL employees engaged in handling or transporting ammunition or explosives under the conditions at CTA II, Article 21 and Appendix S.

163. In recognition of the potential handling risks involved ammunition is categorised under three headings:

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a. Safe Ammunition. The only category of ammunition which may be considered "safe" is SAA. Civilian employees engaged in handling or transporting SAA exclusively, have no entitlement to any form of danger allowances.

b. Dangerous Ammunition. All ammunition other than SAA may be considered to bear an inherent explosion risk and is categorised as dangerous.

c. Unsafe Ammunition. Ammunition which represents a special risk in handling because of some abnormality and requires additional safety precautions in handling and transportation.

164. Danger allowances rates for DEL handling ammunition are to be found at:

a. CTA II Appendix S IV (1). All employees directly concerned with the receipt, despatch and storage of ammunition, irrespective of category, (other than in cases where SAA is handled exclusively). Drivers of vehicles used for transporting ammunition irrespective of category, (other than SAA) are to be paid the allowance for the period that ammunition is actually carried in the vehicle. No allowance is admissible for that part of the detail when ammunition is not part of the vehicle load, except where drivers are employed exclusively on ammunition transportation duties within an ammunition depot. The following activities also qualify:

(1) Ammunition maintenance tasks, such as oiling of packages or unboxed ammunition, which do not involve inspection, testing or repair.

(2) Unpacking or re-packing of ammunition, where this is carried out in a separate building, room or areas separated by a partition wall or traverse from the workshop, laboratory or inspection bay in which the process of ammunition inspection repair or testing is carried out.

b. CTA II Appendix S, IV (2). This applies to personnel employed in a Workshop, Laboratory or an inspection bay, who carry out the following tasks in connection, with inspection, testing and repair of all munitions, other than SAA:

(1) Receipt of the ammunition into the workshop, laboratory or the inspection bay.

(2) Unpacking the ammunition (except in the circumstances defined in sub paragraph c. below).

(3) Visual examination of ammunition.

c. CTA Appendix S IV (3). This is to apply to all personnel directly engaged in the destruction of all types of ammunition by demolition and burning, involving the following tasks:

(1) Unpacking the ammunition.

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(2) Preparing the demolition pits. (3) Placing the ammunition on the stack for burning or destruction,

(4) Feeding the ammunition into an incinerator.

(5) Preparing the demolition.

(6) Checking the area for evidence of complete destruction.

d. Personnel directly engaged in handling or transporting "unsafe" ammunition. This rate is to apply to personnel directly engaged on tasks of abnormal risk which must be carried out under "one man risk conditions"

165. The conditions justifying the payment of Danger Allowances are to be confirmed in writing by OC LEC HR and payment approved by the Budget Holder prior to work being carried out.

166. Units/Establishments are to maintain a record of the hours worked for which allowances are claimed. OC LEC HR is to check these records at periodic Labour Support Inspections.

167. In large installations where employees are engaged on operations which qualify them for payment of danger allowance a flat rate of allowance may be paid, based on the average time spent on qualifying tasks during an average working month. The flat rate is to be fixed by the OC Employing Unit, with advice from OC LEC HR and in consultation with Unit Works Council.

168. Claims for drivers are to show the types of ammunition carried and are to be verified by a unit representative.

169. Submission of Application. Prior to the additional functions commencing Employing Units are to apply for authority to pay an allowance by the submission of Annex E to this section to their Budget Holder via LEC HR.

170. OC LEC HR is to carry out an inspection at the Workplace and make a recommendation. If the allowance is validated his findings are to include a recommended level of allowance. OC LEC HR is authorised to approve the allowance without reference to GEO.

171. The allowance is to be for a set period, not exceeding one year and this is to be notified to the employee in writing by the LEC HR/Employing Unit. The employee is also to be informed in writing that if the conditions justifying the allowance cease, the allowance will be withdrawn. A copy of the notification is to be signed by the employee and held in his personal file. All allowances are to reviewed annually. Chargehands and Leading Chargehands

172. Guide Scales. The allocation of Chargehand duties to employees requires the prior authority of the Budget Holder. For guidance, a case to appoint a chargehand (allocate chargehand duties) may normally exist where there is a requirement for the supervision of twelve or more unskilled, semiskilled or skilled

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employees in one location. However, where considered technically advisable chargehands may be appointed for smaller groups of workers. Leading chargehands are to be employed only where it is appropriate not to establish a foreman. The allocation and withdrawal of chargehand duties is not subject to UWC co-operation, but the UWC should be informed.

173. Remuneration and Grading. The allocation of chargehand duties is to be remunerated by the payment of an allowance of 10% in accordance with CTA II, Article 57. For leading chargehands a further allowance of up to 10%, depending on the level and extent of responsibility, is to be paid in accordance with the protocol note to CTA II, Article 62. The allocation of chargehand duties is not to be written into employment contracts. Employees concerned who have accepted to perform the additional duties are to be informed in writing of additional duties, the remuneration and the period during which they are expected to perform such duties. For the period specified chargehands are to be graded at least in the wage group of the highest graded employee supervised. If the chargehand is not qualified, as specified in CTA II Articles 56 and 62, to be graded in the wage group of the highest paid employee supervised the provisions of CTA II Article 57,2.b)(2) are to be applied. The temporary re-grading of employees performing chargehand duties may be subject to the co-operation of the UWC. Employment contract amendments for re-grading are to specify that the re-grading takes place in accordance with the provisions of CTA II, Article 57 and are to specify a definite period.

Work on Rotating Shifts

174. Definition. Work on rotating shifts for DEL is defined in CTA II, Article 14 and attracts a special allowance in accordance with CTA II, Article 21, paragraph 3.

175. Contracts. An entry is to be made on the employment contract to the effect that the employee is engaged on duties that qualify for payment of shift allowance in accordance with CTA II, Article 21. This is to be checked by OC LEC HR on engagement.

176. Exclusions. Shift allowances are not applicable to Watchmen, Dog Handlers and Firemen. Reference is to be made to the relevant appendix of the CTA II under which these employees are engaged.

Out-of-Tariff Allowances

177. Conditions. Out of Tariff allowances may be considered where a need is identified to pay DEL employees a rate above the wage scales contained in CTA II.

a. Units are first to obtain an agreement from their Budget Holder before forwarding applications to LEC HR for processing.

b. Where an allowance is authorised it will be subject to absorption or revocation, details of which are to be specified in the authority. Employees are to be informed of the details of absorption or revocation upon being granted the allowance.

178. LEC HR Manager will notify the Lohnstelle of the authority to pay Out of Tariff allowances and the conditions of payment.

179. Spare

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SUB SECTION 9 - TRAVEL AND MEAL ALLOWANCES

180. General. In order that employees on official duty travel are afforded the necessary employee-related insurance cover, line managers are to formally approve all instances of duty travel prior to the event and ensure that this approval is documented.

181. Employment Away From the Regular Place of Work.

a. Employees who are required to travel in the course of their duties may claim certain allowances and out of pocket expenses. Claims are to be made on Form 382 in respect of DEL Forms are to be completed and distributed in accordance with local LEC HR Instructions and are to be certified correct by OC’s Employing/User Units. Items of expenses that may be claimed are set out in CTA II, Appendix R.

b. Forms 382 are to be certified correct by a responsible officer in accordance with current instructions. The certifying officer is to print his name, rank/grade and appointment, or is to use a signature block stamp giving the same details.

182. Refund of Fares. Where Service transport is not available, travel will normally be by rail for which railway warrants (Form B Mov 11) are to be issued.

Where DELs are required to travel on duty by rail it is to be at 2nd

class rates. Travel by bus will be refunded on production of the ticket.

183. Kilometre/Mileage Allowance. The nature of the duty journey or detachment, e.g. the location, the distance involved and the number of employees undertaking the same duty journey/detachment, will determine the mode of travel; this should always be by the most economic means available at the time of the detachment. Where Service transport is not available and where public transport is either not practicable or is more expensive than the payment of kilometre/mileage allowance, an employee may be requested to use their private motor vehicle for a duty journey. DEL employees are refunded kilometre allowance under CTA II Appendix R Part II. OC units are to authorise the use of private motor vehicles only when it is essential and then prior to the start of the duty journey.

184. Travelling Time. Travelling time should normally be undertaken during normal contract hours when the employee will continue to receive his/her regular earnings. Travelling on Sunday‘s, public holidays and work free days should only be undertaken where absolutely essential. Employees who are instructed by line management to travel on a Sunday, public holiday or work free Saturday may receive compensation of up to 4 hours basic pay, provided written line management authority accompanies any travel claim. Employees who travel outside of their contract hours on a week-day or who choose to travel on a Sunday, Public Holiday or work free Saturday will not be entitled to compensation for travelling time. Exceptionally compensation for overtime hours, night/Sunday/Public Holiday work hours will be paid to individuals employed as Drivers for those hours worked (i.e. driving duties) which coincide with travelling time. This exception will also apply to other employees who in the interest of the employing unit/user unit and on line managements explicit instruction drive a car during duty travel and are required to transport person, goods or items on behalf of the unit.

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185. Day Allowance. CTAII, Appendix R, Part III & IV authorises the payment of the day allowance for employees who are absent from their normal place of duty, provided that the absence from duty station is for at least 8 hours per day

186. Travel/Subsistence Allowance - Duties of less than 15 km. Under the terms of CTA II, Appendix R, an employee may only claim allowances when he/she travels more than 15 kms from his place of work or from his place of residence.

187. Night Supplement. Where the actual cost of an overnight stay exceeds the normal Night Allowance a supplementary allowance is payable, within specified limits. The hotel bill is to be attached to Form 382. The authorizing officer needs to be satisfied that the bill was necessarily incurred.

188. Travel Outside Federal Republic of Germany. The tariff provisions for duty travel within Germany are also applicable outside the FRG. Where, however, increased expenses are incurred for travel outside Germany a supplement to the normal day allowance can be paid by LEC HR subject to the submission of receipted bills. Where receipted bills cannot be produced a lower rate supplement may be paid. Supplements are subject to a maximum ceiling and the rate payable is dependent upon the country in which duty travel has been performed.

189 - 190. Spare

SUB SECTION 10 – DISCIPLINE/GRIEVANCES

191. General. LEC HR advice should be sought in all cases considered to warrant disciplinary action. It may be necessary to issue an employee with a warning for a shortcoming which, amongst others, may be:

a. Non compliance with lawful instructions and instructions in relation to contractual duties.

b. Unsatisfactory work performance; (Note: This must be provable in relation to quality/quantity of work).

c. Absence from work without excuses, bad timekeeping.

d. Disturbance of the peace within the Agency.

e. Drunkenness during working hours/drinking of alcohol during working

hours. Note: This list is not exhaustive.

192. Depending on the severity or frequency of the transgression, warnings are to be issued as follows:

a. Rebuke - (not recorded)

b. Written warning only to be given by the Head of Agency.

c. Final written warning containing the statement that in the event of

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recurrence notice of termination of employment will be issued.

193. Procedure. Prior to the issue of written warnings and prior to the initiation of cooperation on procedures (where applicable) the employee concerned is to be heard by the Head of Agency or his deputy in the presence of another member of staff or preferably the individuals’ Unit Civil Labour Officer or Line managers. At the request of the employee, a Unit Works Councillor, work colleague may also be present. Warnings should in normal circumstances be issued within a period of 14 calendar days following the completion of cooperation procedures with the Works Council, or within a period of 14 calendar days after the completion of investigations by the Head of Agency in cases of non co-operable warnings. Warnings are to be issued personally by the Head of Agency or his deputy only and are to be witnessed by another member of staff or the Unit Civil Labour Officer or Line Manager and at the wish of the employee, a Unit Works Counsellor, work colleague or friend.

194. DEL warnings are subject to cooperation with the Works Council if they relate to violations of instruction and peace within the agency. Warnings issued for shortcomings in contractual duties are not subject to Works Council cooperation. With the specific written agreement of the employee concerned a copy of the written warning may be handed to the Unit Works Council against a written receipt.

195. Written warnings are to be included in employee’s personal file together with any statements of the Works Council and the employee. Warnings are to be destroyed as follows:

a. First written warning after one year.

b. Final Written Warning after two years if no further written warnings for similar shortcomings are issued within this period. If further similar warnings are issued, warnings remain extant until the last warning expires.

196. Spare

197. Medical Absences. Warnings are not to be issued for absences due to medically certified unfitness for work. However, employees can be advised that excessive absence is a cause for concern. LEC HR advice is to be sought in the case of prolonged or frequent medical absences.

198. Criminal Activity. In the event that a DEL is suspected of involvement in a criminal matter, LEC HR are to be consulted immediately before any other military unit is informed.

Withdrawal of Driving Licences from Drivers

199. Continued Employment. Where a driving licence is withdrawn by the civil authorities pending trial a driver may be temporarily employed in non driving duties not above his grade. When a licence is suspended by a court and the period of suspension exceeds the employee’s notice period then he is to be discharged.

SUB SECTION 11 - TRAINING

200. Nominations for Courses of Instruction. If there is a training requirement

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and it cannot be provided internally by the employing unit, the Line Manager is to forward the requirement to LEC HR. On receipt of the application LEC HR will:

a. Confirm whether the requirement can be met from the current course programme or can be provided as a bespoke one-off training episode.

b. Research and consult with other MOD training providers and make recommendations to the unit if appropriate.

c. Assist in finding external training if the employing unit has been unable to source a suitable provider.

d. Maintain a central record of all training requests, results, and expenditure.

Resources 201. It is GEO’s policy to provide as much of the required training ‘In-theatre’ as possible in order to minimise absences from the place of work and relieve pressures on training and travel and subsistence (T&S) budgets. DEL may apply to attend the same course as UKBC staff of similar grade, including those courses run in the UK subject to the Budget Holder’s and Line Manager’s approval.

a. Cost of Training. Should costs arise for training provision these costs must be born by the employing organisation’s budget. All units and MOD Agencies (MOD Schools, DIO, DE&S, ISS(G), et al), require the financial approval of the appropriate Budget Holder.Prior to submitting any application for training for which there is a cost, budget authority is to be obtained in the first instance. This requires a detailed justification in letter form to be submitted to the appropriate Budget Authority. Such requests should be submitted at least six weeks prior to the training requirement.

b. Associated T&S Costs. Irrespective of the source of training provision all T&S costs must be authorised in advance by the employing unit’s Budget Manager. The approval of the Budget Manager is required prior to the placement of any DEL on training courses, study days, seminars etc, outside the regular duty station or when T&S costs are likely to be incurred. In all situations T&S costs are to be strictly controlled in accordance with current MOD guidelines.

Procedure

202. The approval of the Budget Manager is required prior to the placement of any DEL on training courses, study days, seminars etc, outside the regular duty station or when T&S costs are likely to be incurred. This approval is especially necessary when a DEL has been nominated to attend a training course provided by a commercial provider either in the UK or in the FRG. In all situations T&S costs are to be strictly controlled in accordance with current Departmental guidelines.

Applications

203. All Training Applications are to be submitted using the form at Annex C to this Section.

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a. For any Training Courses held locally under LEC HR Team arrangements. Unit Line Managers are to complete in full Part 1 of the application and forward it to LEC HR. LEC HR will complete Part 2 and return it to the unit for completion of T&S requirements at Part 3. Note: Part 2 is not required in respect of courses not being conducted by LEC HR.

b. Upon completion at Part 3 the unit is to forward the application to the LEC HR for completion at Part 4. Where funding is required for the training, a copy of the Budget Holder/Managers financial approval is to be attached.

c. Part 4 is to be completed in full by LEC HR furnishing the appropriate Budget Holder/Manager with the total T&S cost. In addition LEC HR will determine whether co-determination procedures are necessary with the local Unit Works Council in accordance with Reference C. On completion LEC HR is to forward the application to the appropriate Budget Holder/Manager for completion at Part 6.

d. On completion of Part 6 the Budget Manager is to return the form to the employing unit in order that the DEL nominee can be informed and the necessary administrative details can be organised, such as travel and accommodation arrangements or otherwise as the case may be.

204. In situations where T&S, co-determination with the Unit Works Council is denied, or non attendance on a training course for whatever reason occurs, it is the unit’s responsibility to notify the appropriate training Authority. 205. Notification is required in respect of works councillors attending courses undertaken under the Personnel Representation Law 1974 Articles 46(6) and 46(7), CTA II Article 28(2) (3) that are at cost to GEO through the OC LEC HR who will examine justifications accordingly. LEC HR will notify the appropriate Budget Manager accordingly and will action any associated invoices. 206. Team Training and Sports Activities. Team Training can make an important contribution to the effectiveness of organisations. For this reason, such activities can be a valuable use of time and resources and are not discouraged providing they fall within the scope of regulations and the rules on regularity and propriety. Details as to what constitutes team training and the procedures to be followed are contained at Annex G to this section.

SUB SECTION 12 - JUBILEE PAYMENTS AND CERTIFICATES OF SERVICE

207. General. It is MOD policy to recognise long service by awarding the following Certificates of Service, Jubilee Payments and additional leave within 12 months following the Jubilee date.

a. 12 years. Certificate of Service and 2 additional days leave.

b. 25 years. Certificate of Service, €350 and 3 additional days leave.

c. 30 years. Certificate of Service and 3 additional days leave.

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d. 35 years. Certificate of Service, €700 and 5 additional days leave.

e. 40 years. Certificate of Service, €850 and 5 additional days leave.

f. 45 years. Certificate of Service, €1000 and 6 additional days leave. 208. Eligibility. Gaps between periods of service do not count as time served for this purpose and neither does Military, or UKBC service. Service must be as an LEC (including Dependant employment) with the British Forces.

209. Periods of eligible service may be added together to achieve the requisite total.

210. Applications. LEC HR are to submit applications for certificates and letters on behalf of employees in all Cat A and B units to Germany Central LEC HR Manager. Other Agencies/Establishments may apply for certificates and letters through LEC HR provided that the necessary information is supplied within the required time frames.

211. Time Frames. LEC HR are required to submit quarterly, by 1 Feb, 1 May, 1 Aug and 1 Nov, nominal rolls of those LEC who will complete the requisite service during the next quarter, i.e.; beginning 1 May, 1 Aug, 1 Nov and 1 Feb. Completed certificates and letters will be returned to LEC HR in time for onward transmission to the Employing/User Unit before the anniversary date.

212. Presentation. Certificates and letters of congratulation are to be presented on or near the anniversary date by a military officer or civilian of equivalent status in circumstances and with publicity appropriate to the occasion.

213. Jubilee Payments. LEC HR are to arrange payment with normal monthly pay in the month in which the anniversary falls.

214. 214. As an exception, if the employee’s employment relationship is terminated due to troop reductions (TASS paragraph 2 sub-paragraph 1) and the employee would have been entitled to a jubilee payment within 12 months of the termination date, then the payment will be made in accordance with paragraph 1.207, with their final payment. This exceptional ruling does not apply to the additional jubilee leave days.

SUB SECTION 13 - WELFARE

215. Protective Clothing. The employer is to provide protective clothing for LEC as required to conform with German and UK Health and Safety regulations. Indents are to be submitted in accordance with Material Regulations for the Army, through normal channels, annotated "FOR USE BY LEC."

216. All stocks of protective clothing and equipment are to be held on unit charge and loaned to employees against signature.

217. Laundering and cleaning of Protective clothing is to be carried out under Service arrangements. Authority is not to be given for laundry or cleaning allowances to be issued to individual employees, nor are units to accept liability for the upkeep at public expense of any clothing not provided from official sources.

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218. The provision of safety clothing is the responsibility of the Employing/User Unit. The Safety Committee and the UWC may recommend what safety clothing should be used and issued, the detail of which is a matter for co-operation, in the case of DEL with the UWC. This does not apply to safety equipment which is provided in accordance with legal provisions. 219. Claims for Compensation for Damage to Personal Property. Claims arising from employees in respect of damage to their personal property in the course of their employment, which after investigation are established to be the result of negligence by the MOD are to be forwarded to LEC HR, together with a certified statement of how the damage was caused. The Employing/User Unit is to obtain a certificate from the claimant to the effect that no claim has been, or in the event of payment of compensation by the MOD, will be made to any other agency.

220. LEC HR is to check:

a. If any Health and Safety or factory regulation had been contravened and, if so, by whom.

b. Whether the unit had failed to issue any necessary instructions for the safety of employees.

c. If possible, the accuracy of the value of the claim.

d. Whether a physical injury was sustained as a result.

221. After checking the claim OC LEC HR is to forward it with any necessary comments and recommendations to Area Claims Officer North West Europe.

222. The above procedure applies only to personal property damage claims and NOT to claims for accident insurance benefits which are dealt with through the Lohnstelle for DEL Claims for general damages by DEL; which under German law can only succeed if the employee establishes in court that an accident was deliberately caused by the employer, are to be referred to the Lohnstelle, Soest through LEC HR Manager.

223. Claims which are not submitted within three months of the incident giving rise to the loss or damage will be rejected unless there are exceptional or extenuating circumstances.

224. Losses to Personal Property. The safe custody of all personal property is primarily the responsibility of the owner. Where lockable facilities are provided by the employer, they must be used by the employee. This is to be made known through unit instructions.

225. Rest Rooms. In accordance with good employer practice and the German Trade Code (Gewerbeordnung) units are, where appropriate, to provide suitable rest room accommodation for their LEC. The establishing of rest rooms does not attract an entitlement to additional accommodation stores or other additional expenditure. Such rooms are not required to be registered as encroachments. 226. Provision of Personal Aids for LEC. The provision of working aids, furniture etc., is good employer practice and helps to reduce sick absence. More

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significantly, in the long term it also serves to combat instances of job connected illness among DEL, for which any pensions are paid by the Forces. These rules do not apply to the provision of spectacles, specially made orthopaedic footwear or surgical aids.

a. Severely Handicapped Persons (SHPs). The preconditions for granting personal aids for Severely Handicapped Employees by the Hauptfürsorgestelle (HFS) Integrationsämter or Fürsorgestelle respectively are laid down in SGB IX. Irrespective of these legal provisions, Art 14 (3) SHP Law shall apply, according to which the employer has the prime responsibility for the provision of suitable equipment for such workplaces. The employer has special responsibilities for registered SHP and employees of equal status. Financial cover for the provision of prescribed work aids of furniture lies primarily with the employer with a possible contribution from the HFS. If no funds are available from the budget holder LEC HR is to apply to the HFS to provide or fund any prescribed aids or furniture for SHPs.

b. DELs who are not registered SHP. The guidelines set out below are to be followed in the processing of applications for working aids for those employees who have an established medical requirement. Consideration should always be given to the provision of equipment by German authorities or insurance carriers before committing British funds.

(1) Application to the German Authorities. Where a specialist in industrial medicine or a doctor specialized in orthopaedic medicine prescribes the use of orthopaedic aids or furniture, the individual is to submit an application with the medical certificate through the Employing/User unit to LEC HR. LEC HR will establish whether or not such items can be funded or supplied by German Health Insurance Organisations or Pension Boards. If the required item can be funded by any of the organisations above, the employee is to be invited to apply to the particular organisation concerned.

(2) Provision and Accounting. If equipment is provided in whole or part by any German organisation, it is for the exclusive use of the employee concerned. It is the employee's responsibility to dispose of the item in accordance with the providing organisation's instructions.

(3) Provision from British Sources. If LEC HR is unable to obtain the necessary equipment from German Sources, Budget Holders may consider funding such items. However it should be noted that there is no legal requirement to do so. When equipment, prescribed by a specialist in industrial medicine or a doctor specialised in orthopaedic medicine, is obtained it is to be provisioned and controlled by Employing/User Units.

Accommodation and Meals - DEL

227. Authority. DEL are not to be allowed to live in MOD premises unless prior authority has been granted by Commander British Army Germany/DIO. The following conditions apply:

a. Application is to be made to Commander BAG through staff channels

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stating why accommodation is required, the type of accommodation available and listing the minimum accommodation stores required.

b. Charges for accommodation, including utilities, are assessed by the German authorities through LEC HR. Charges are to be deducted at source and Forms 24 are to be endorsed ‘Living in’.

c. H Tariff employees are to be charged for meals and accommodation at the special rates laid down in CTA II Appendix H.

Canteens

228. General. Where civilian facilities are inadequate or expensive, units may provide canteen accommodation within their establishments to supply a midday meal at reasonable prices. The canteen is to be managed by a canteen committee consisting of DEL employees. Catering may be arranged internally, or outside contractors may be used. Where contractors are to be used, prior authority is to be sought from LEC HR.

229. Responsibilities of OC Employing Unit. OCs Employing/User Units are not to accept any responsibility for trading activities of a canteen. They are responsible for obtaining authority for any encroachment action in accordance with current instructions and retain all domestic rights regarding entry, inspection and overall control of buildings, fixtures, fittings, utilities and accommodation stores. Details of facilities which may be provided to aid in the running of the canteen; at the discretion of an OC, are at Annex M to this section.

230. Canteen Association. The canteen is to be formally set up and registered with the German Authorities as a Canteen Association. The Association consists of DEL members of the unit and any other units who are to use the canteen. The Association is required to elect an executive board to manage the canteen and draw up Articles of the Association in accordance with provisions of the Civil Code. A model for Articles of an Association are at Annex G to this Section.

231. Works Council Involvement. The Unit Works Council has the right of Co- determination in all matters pertaining to the administration of the canteen. Any queries on industrial relations matters are to be addressed to OC LEC HR.

SUB SECTION 14 - LOSSES TO PUBLIC FUNDS CAUSED BY MISEMPLOYMENT OR NEGLIGENCE

232. Misemployment. Misemployment is the performance of work by LEC on duties other than those within the trade and grade authorised by a Budget Holder, or on work for which no post has been authorised. Outline duties may be found in an employee's contracted job description and Unit commanders may obtain advice on the scope of duties permitted for a post from OC LEC HR.

233. To assist in the prevention of misemployment OC LEC HR is empowered to carry out spot checks of all types of labour. They are to be afforded all necessary facilities for this purpose.

234. Misemployment is most frequently revealed where an employee requests a worksite inspection of his post, or lays a plaint before a Labour Court alleging he has

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been incorrectly graded. If either case is proved, the employee will be entitled to back payment for the period of his misemployment. In such cases the resultant worksite report or court verdict is to be forwarded through LEC HR channels to the Budget Holder for consideration of further action under paragraph 237.

235. Inquiries. Where there is evidence indicating misemployment, through deliberate action or gross negligence which has caused a loss to public funds then the case is to be brought to the attention of the Budget Holders by OC LEC HR through LEC HR channels. The Budget Holder is to notify the appropriate Chain of Command without delay in order that an inquiry may be convened as required by QRs/AGAIs.

236. If an Inquiry determines that a loss to public funds has occurred which has been caused by a wrongful act or gross negligence, an instruction may be made for the person responsible, if subject to military law, to pay a sum in compensation. Alternatively, a charge may be preferred and disciplinary action taken against the person or persons concerned.

237. Matters which could be subject to an Inquiry include losses to public funds caused by:

a. Allowing employees to work unauthorised overtime.

b. Payment of unjustified claims.

c. Payment of unjustified allowances.

d. Employment of non-essential staff on duties attracting supplements.

e. Grossly negligent management of industrial relations procedures resulting in fruitless payments or unnecessary court cases. f. Grossly negligent supervision of LEC attendance and attendance records. The list is not exhaustive.

238. OC Employing Units are to ensure that where possible all documents concerning the pay and grading of LEC are signed by a military officer, UKBC or LEC of officer status (C7). Where this is impracticable and with prior authority of the OC, a Warrant Officer or SNCO, or a UKBC not below the grade of Band E1 may be appointed to certify pay related documents. LEC below the grade of C7 may exceptionally be authorised to certify BFG 24 (Attendance Record) ONLY. The delegation of authority is to be given in writing and signed personally by the OC/Head of Establishment acknowledges his/her liability for any losses arising from the delegation. A copy of the authority is to be forwarded to the appropriate LEC HR and retained by them.

239. Where an LEC is authorised to certify pay related documents the OC, or an officer appointed by him, is to check the pay accounting procedure, without warning and at irregular intervals of no more than three months. A written record of the checks is to be maintained and documents checked are to be countersigned.

240. Overpayments. The procedures to be adopted in preventing, reporting and investigating losses to public funds due to accidental or payroll system generated overpayments to LEC are as follows:

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a. Notification of Absence. OCs of Cat A and B units are to report all cases of unexplained absence to LEC HR immediately. OC LEC HR is to decide whether an overpayment is likely to result and, if so, report the matter to the LEC HR Manager/Lohnstelle.

b. Where overpayments are discovered by Units the matter is to be immediately reported to the LEC HR Manager.

c. Investigation of Overpayments. The procedure for the investigation and recovery of overpayments is contained in JSP 462.

241. Write-off Action. Where recovery of an overpayment proves fruitless and further efforts are considered either unlikely to succeed or no longer cost effective, the case is to be passed to the appropriate Budget Holder for write-off action.

242. Nothing contained in this instruction relieves commanders of their responsibility to prevent losses of public funds and to report any cases where a deliberate act or negligence is suspected to have lead to a loss.

243. Spare

SUB SECTION 15 - HEALTH AND SAFETY MATTERS

244. Full details and instructions in respect of Health and safety for LEC are contained within the GEO SHEF Manual issued under SO GEO 4400 which is to be complied with by all COs and Heads of Establishment and other relevant persons having managerial responsibility for LEC.

SUB SECTION 16 - EMPLOYEE RELATIONS/WORKS COUNCIL

245. General. In accordance with the Federal Personnel Representation Law 1974 (FPRL 1974) DEL employees have the right to be represented by the Works Councils. The full scope of the FPRL is modified by the provisions of Art 56 of the Supplementary Agreement to NATO Status of Forces Agreement and its “Protocol of Signature”. The text of these documents can be found at Annex H to this section.

246. Definitions.

a. Agency. A unit or group of units designated as an agency by GEO.

b. Unit Works Council (UWC). A Works Council representing the employees of an agency.

c. Highest Level Works Council (HLWC). A Works Council at GEO level representing all DEL employees of GEO agencies.

247. Eligibility. The basic qualification for an agency to elect a UWC is that it must regularly employ five or more employees who are eligible to vote, three of whom must be eligible for office. Where an agency has dispersed work sites which cannot reasonably be represented by a single works council and where agreed by a ballot of employees, a separate works council may be elected for each work location.

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248. An agency which regularly employ less than five employees with voting rights is to be represented by the Works Council of a neighbouring Agency. The allocation is made by the next higher level of authority in agreement with the HLWC.

249. Elections. Works Council elections are conducted by an Electoral Committee consisting of three employees of the Agency who are eligible to vote. Elections are held every four years. The Head of Agency is obliged to provide any necessary assistance, but is not to interfere in the election process. If the Head of Agency has reason to believe that the election has not been conducted correctly (e.g. interference in the nomination of candidates, irregularities in secret ballot proceedings etc). He is to refer the matter to OC LEC HR. OC LEC HR will advise whether the elections may be challenged in accordance with Art 25 FPRL.

250. Once the Works Council has been elected, it internally elects a Chairman and other post holders. The Head of Agency must be informed in writing of the composition of the Works Council.

251. If no Works Council exists in an Agency and no electoral committee has been formed by the employees, the Head of Agency is required to convene a personnel assembly to elect an electoral committee (Art 21 FPRL). This is to take place at least six weeks prior to the date of the Works Council elections. Should the personnel assembly fail to elect an electoral committee the Head of Agency is to nominate the committee (Art 22 FPRL). Advice on this should be sought from OC LEC HR. Demands by employees or a trade union for the election of a Works Council outside the legally prescribed time frame must also be referred to OC LEC HR for advice.

252. Travel. Where works councils are required to travel by rail in the course of

their business it is to be at 2nd

class rates.

253. Accommodation and Office Equipment. To enable the Works Council to operate effectively the Law requires employers to provide adequate facilities. Works Councils are to be provided with accommodation and office equipment, compatible with their needs. This may include computers, typewriters, telephones and, where appropriate office staff. As a general rule provisions should be to the same standard as offices occupied by members of the forces

254. Functions of Works Councils. The UWC provide the interface between employer and employee on all matters affecting the well being of the employees of the Agency and must be afforded the opportunity to carry out their duties (Art 68 FPRL). In addition to negotiating management proposals UWCs are under remit to represent their member’s interests to management. Some examples are:

a. Proposing action to benefit the Agency and employees.

b. Monitoring the unit’s compliance with legal and regulatory decrees in favour of employees.

c. Hearing any employee’s proposals and grievance and, if these seem well - founded, seeking to implement or remedy them by negotiations with the Head of Agency.

d. The progress and vocational development of severely handicapped

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persons and others who are in particular need of assistance.

e. Proposing action for the vocational advancement of severely handicapped persons

f. The incorporation of foreign employees into the Agency and fostering understanding between them and German employees.

g. Where applicable co-operating closely with the youth representation to further the interest of juvenile employees.

255. Negotiations. The Law requires the Head of Agency and the Works Council to: “Work together in a spirit of mutual trust for the well being of the employees and the accomplishment of the task of the agency.” Within this framework certain proposed actions which impact upon employees are subject to “co-determination” and others are limited to co-operation. A further category requires the works council to be heard. Definitions are as follows:

a. Co-determination. This requires the parties to reach mutual agreement to a proposed course of action prior to its implementation.

b. Cooperation. A proposed course of action is to be thoroughly discussed with the Works Council prior to its implementation.

c. Be Heard. The Works Council is to be given the opportunity to comment on the proposal.

256. Time Frames. Under terms of the FPRL Co-operation and co-determination procedures are regulated by rigid time frames. Failure to conform to the timetable may in valuate the negotiating procedures and result in additional expense. The receipt of all communications from Works Councils is therefore to be recorded on the document concerned by date and time and all time frames detailed in FPRL are to be strictly observed. Matters subject to co-determination are listed at Annex H and those subject to cooperation at Annex I.

257. Matters which are to be heard are less formally regulated, but remain a prerequisite to certain proposed actions. The UWC is to be heard prior to the issue of extraordinary notice of termination of employment, including instant dismissal, and prior to the issue of notices to wage earners during the probationary period (See Art 79 (3) (FPRL)). The UWC is also to be heard prior to the submission to Higher Formation/Budget Holder of any application to amend LEC complements. 258. Limitations. The rights of Works Councils under the FPRL are limited by the NATO Status Forces Agreement. Accordingly, members of a Works Council have no right of access to security classified information and may not enter restricted or secure areas within the agency, except under conditions where they would normally be granted access.

259. In exceptional circumstances the right of co-determination may be restricted to co-operation. This might apply when the right to co-determination conflicts with military security interests which are particularly worthy of protection. In such circumstances the matters may, with the authority of the highest service authority (Comd GEO), be restricted to co-operation. Heads of Agency must refer any such cases to their LEC HR for processing to the Business Manager before applying the

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limitation. If agreement is given, the Highest Service Authority will provide the Head of Agency with written authority detailing the reasons and extent of the restriction which must be conveyed to the Works Council. Where the reasons cannot be disclosed the authority must be supported by a formal declaration to this effect from the president of the Federal Labour Court.

260. Works Agreements. Where a UWC agrees to enter into a written agreement with the OC User Unit, Works Agreements may be drawn up between the Head of Agency and the UWC in accordance with the provisions of Art 74 of FPRL. The example at Annex D should be modified according to the requirements of the unit and the UWC and provided any functions and additions are agreed by both and permissible in accordance with the law.

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ANNEX A

INTENTIONALLY BLANK

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ANNEX B

DOCUMENTATION PROCEDURES FOR THE BFG FORM 24 ATTENDANCE RECORD

1. General. The Form 24 Attendance Record and supporting documents provide attendance data to effect the payment of LEC salary/wages by the last working day of a month. All attendance documentation is to be forwarded by unit line management for processing to the appropriate LEC HR. Prompt, accurate and full input is required from units to maintain an efficient service and to minimise the risk of overpayment and financial losses. This Annex provides units with instructions on the completion and submission of DEL attendance information.

2. Procedures. Employing/User Units will receive attendance record sheets for each employee by the last day of the preceding month. The form will be pre-printed with fixed personal and employment details. The field of the Form 24 headed Art der Vergütung is for LEC HR performing direct pay and is to be left blank by units (exception Paderborn units performing direct reporting of pay).

3. Units are to record all occurrences which take place up to and including the last Sunday of the month under the field headed Laufender Monat. Any residual information relating to the remaining days of the month are to be entered on the next month's Form 24 under the section headed Nachtragsfeld des Vormonats. Units are responsible for completing and certifying the fields of the form as follows:

a. Time Recording. Attendance records for those employees who work overtime, shift hours, night duties, Sunday and public holiday work, less than the normal daily hours or whose daily hours are subject to variation are to be accurately maintained by supervisors to show the time of arrival and departure to the nearest fifteen minutes. In such cases the employee is to sign each entry in the Last column on the right had side of the Form 24. Where an employee has not signed each entry it will result in Form’s 24 being returned to the unit.

b. Time recording is not required for those employees who work regular hours.

c. Occurrences. The following occurrences are to be entered in the Vormittags Beginn column using the abbreviations listed:

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Full Description Abbreviation Comment

Unauthorised Absence – unpaid Cure Leave Child Rearing Leave Educational Leave Dismissed Public Holiday First day of a period of notice Annual Leave Each day spent of manoeuvres Under notice – not required to work Rest day Sick Doctors Certificate Sick certificate not provided by individual Special Leave (including illness of child)

UA CL CR EL D PH K L M N RD SDC SUC SL

Insert Name of

Unpaid Leave (child) ULC Child

Pflegezeit Training Course Time off In Lieu No Time off In Lieu Unpaid Leave

PZG TC TOIL No TOIL UL

Note 1. Special leave should also be used to report special leave granted to DEL who are granted special leave by the LEC HR when Krankenkasse payments are not in issue.

Note 3 Units are to show the Sunday or Public Holiday for which time off was

granted.

d. Irregular Occurrences. Items not covered by paragraph 3c and explanatory notes are to be entered in the field headed Bemerkungen.

4. Supporting Documentation. Employing and User Units are to forward all documentation, with the exception of sickness certificates, in support of occurrences which affect an individual's attendance to LEC HR without delay (e.g.: leave passes, confirmation of pregnancy, letters of resignation, authorities for allowances etc.).

5. Forecast Hours of Work. Copies of standby schedules, shift plans and notification of the regular hours of work are to be forwarded to LEC HR. for pay calculation purposes.

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6. Sickness Reporting. Sickness Certificates are to be forwarded direct to the appropriate LEC HR. When employees return from a period of sickness the unit is to inform LEC HR by phone who, in turn, are to notify the Lohnstelle..

7. Leave. Paid leave is to be controlled by all Units/LEC HR who will periodically notify units of outstanding leave entitlements calculated from information submitted on attendance records.

8. Dismissals/Terminations. The attendance record of an employee who is dismissed or terminates employment is to be forwarded to the appropriate LEC HR. If the employee is dismissed or terminates in circumstances which could cause an overpayment, the unit is to inform LEC HR immediately.

9. Travel Expense Sheets. Claims are to be checked by the unit against attendance records prior to submission to the appropriate LEC HR. The existence of a claim in a particular month is to be signified by the annotation RK in the Bemerkungen box of the Form 24.

10. Signatures. Entries on the BFG Form 24 are to be certified correct by a responsible officer in accordance with current instructions. The attention of OCs is drawn, para 1.237 of this instruction: Losses to Public Funds Caused by Misemployment or Negligence.

11. Submission of Attendance Records. Units are to dispatch attendance records to reach the appropriate LEC HR normally by three working days after the last Sunday in the month. A schedule of receipt dates will be published periodically by LEC HR. Attendance records are to be dispatched to the administering LEC HR.

12. Civil Labour Clerks in units which have been given authority for self administration of DEL pay in accordance with local LEC HR instructions will be required to prepare attendance data by completing the Art der Vergütung field and for the despatching of the original copy of BFG 24 to Lohnstelle Soest by the pre-arranged deadline.

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ANNEX C

APPLICATION FOR ATTENDANCE ON EXTERNAL TRAINING COURSE, SEMINAR INCLUDING COURSES AT THE LEC TRAINING WING – LOCALLY EMPLOYED CIVILIANS (LEC)

THIS FORM SHOULD ALSO BE USED FOR MILITARY AND UKBC APPLYING FOR TRAINING COURSE ARRANGED BY LEC HR (PART 1 ONLY REQUIRED)

PART 1 (To be completed by the UCLO or Line Manager)

a. Individual’s details:

Unit…………………………………………BFPO………UIN…………………Budget Code……………………….

Name…………………… Forename……….................Trade………………… Grade……… * DEL/DEP

Role within the Unit/Department………………………………Contact Tel No:……………………………..

(If more than one employee please attached a nominal with all detail required at ‘a’)

b. Course/Training details:

Course/Training title………………………………… Location……………………………………………… (for courses at the LEC HR, which are free of charge, please provide an alternate choice)

Start Date…………………………………………………End Date…………………………………………….

Reason for Training Course/Seminar……………………………………………………………………………………….................

c. Signature (UCLO or LM)……………………………………Name……………………………….

Appointment……………………………….Contact Tel No……………………………Date………………

* Delete as appropriate Notes. 1. For courses at the LEC HR this application is to be forwarded for completion at Part 2.

2. For all other course proceed directly onto Part 3

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PART 2 (to be completed by the LEC HR)

a. * It is herewith confirm that a vacancy has been allocated on the requested course in respect of:

…………………………………………………………………………………………………………………

b. * Unfortunately the requested training course is oversubscribed and as such a vacancy in respect of ………………………………………………has been allocated on an alternative course as follows: ……………………………………………………………………………………………………

c. Course confirmation notification is attached.

d. Please now take action by completing Part 3 and forward to your local LEC HR. e.

Signature……………………………………Name……………………………….

Appointment………………………………………………………….Date……………………………… PART 3 (To be completed by the UCLO or Line Manager)

a. Course Provider…………….……………………..… Cost(€)……………… (Incl VAT)

b. Course Fees applicable *Yes/No (if yes, application to be supported budgetary authority - Note 1)

Travel and Subsistence costs (€) appropriate *yes/no. If yes - proposed travel itinerary/costs:

Travel dates: Out……………………………. Return…………………………………

Air: From………………………….To………………………….*single/return Cost:………

Rail: From………………………….To………………………….*single/return Cost:………

Car: From………………………….To………………………….*own/hire/mil Cost:………

Tunnel: *Yes/No Cost:………

Accommodation: *Hotel/Mess No. Nights…………….. Cost:………

Total (Travel/Accommodation) Cost:………

Signature (UCLO or LM)……………………………………Name………………………………. Appointment………………………………………………………….Date…………………………

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Notes: 1. Applications for financial approval for LEC Training Courses and Seminars at cost must be authorised by the appropriate Budget Manager.The letter of approval is to be attached to this form prior to it being forwarded to the LEC HR for completion at Part 4.

PART 4 (to be completed by LEC HR)

Day Allowance: No of days/hours………..@ rate………………. Total…………

Night Allowance: No of nights………….… @ rate………………. Total…………

Kilometre Allowance: Distance……………..@ rate………………. Total…………

*Travelling Time: No of hours………………@ rate………………. Total…………

Other ………………………………………..………Total Allowances (€) :…………

Co-determination procedures have been initiated and concluded:*YES/NO/NOT APPLICABLE

Signature……………………… Name………………………………..

Appointment…………………. Date………………

Notes 1. In the case of DEL all course training is a matter of co-determination in accordance with

FPRL 74. The OC LEC HR is to initiate co-determination where required.

2. Course bookings/travel arrangements must not be made until financial authority has been

received from the Budget Holder.

3. Travel must be by the most cost-effective means.

4. Civil air travel will only be authorised where there are no trooper flights available.

5. Mess accommodation/facilities should be used where available. Hotel accommodation

should be booked via the Hotel Booking Service who offer discounted rates to MOD personnel.

6. Car Hire/use of own car will only be authorised where there is no suitable public transport or

the use of car hire/own car is more cost effective.

PART 5 (to be completed by Log Sp (Tpt & Mov) but only if necessary)

Application for movement by Air is *authorised/not authorised

Cost of movement…………… Application is to be made to……………………Using reference………………

Signature…………………… Name……………………Appointment……………………….Date……………..

PART 6 (to be completed by Budget Holder/Manager) -

Agreed/Not Agreed RAC to be charged………………Total Expenditure Authorised (€)…………………

Remarks………………………………………………………………………………………………

Signature……………………….Name………………… Appointment………………Date……

On completion of Part 5 this form is to be returned to the unit.

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2. Detailed Justification/Recommendation

Performance* Functional*

(* delete as applicable)

ANNEX D

To: ………………………………………………………………... (LEC HR) . From ……………………………………………………………….. (Unit)

APPLICATION FOR GRANT OF PERFORMANCE/FUNCTIONAL

ALLOWANCE

PART I

UNIT SUBMISSION

1. Employee details

Name and initials of employee DEL/Dep

Job Title Trade and grade

Pers No EKZ/WPN

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3. For Performance/Functional Allowance only

a. These duties occupy the employee for % of the working time. or

b. The employee spends (insert actual hours) performing these functions.

4. Details of recommending officer

Signature Surname and Initials

Unit/Branch/Department

Rank/grade and Appointment Tel Number Date

PART II LEC HR RECOMMENDATIONS

1. Comments

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The Worksite has/has not* been inspected. (*Delete as applicable)

Percentage/ € : for the period

From To

NOT TO EXCEED 12 MONTHS

4. Annual cost

5. A copy of the contracted job description is attached.

LEC HR stamp and date Signature of OC LEC HR

Surname and initials

PART III CERTIFICATION BY BUDGET MANAGER

Comments

Signature of Budget manager Surname and Initials


Tel Number Date

€

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PART IV

COMMENTS AND RECOMMENDATIONS OF LEC HR MANAGER (FOR INITIAL APPLICATIONS ONLY)

1. Functional Allowance. The allowance meets/does not meet* the criteria laid down in CTA II.

2. Performance Allowance. It is confirmed that the allowance is paid for performance over and above the level expected of the trade/grade.

3. The grant for this individual Functional Allowance does not exceed the pay of the next higher grade.

4. The Allowance expires on

5. Comments:

Payment is APPROVED/ NOT APPROVED* (*delete as

pplicable)

Signature of LEC HR Manager Surname and Initials

Rank/grade and Appointment

LEC HR Stamp and Date

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Distribution:

Action: LEC HR

File

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Severity* Cha rgehand/Leading

To:………………………………………………………………………. (LEC HR)

From ……………………………………………………………….. (Unit)

APPLICATION FOR GRANT OF AN ALLOWANCE FOR

SEVERITY CHARGE HAND AND LEADING CHARGEHAND

PART I

UNIT SUBMISSION

1. Employee details:

ANNEX E

Name and initials of employee DEL/Dep

Job Title Trade and grade

Allowance requested:

(* delete as applicable)

2. Detailed Justification/Recommendation:

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3.

a. These duties occupy the employee for % of the working time. or

b. The employee spends (insert actual hours) performing these functions.

c. It is confirmed that the duties are not part of the contracted job description of another employee.

Details of recommending officer:

Signature Surname and Initials


Rank/grade and Appointment Tel Number Date

PART II

LEC HR RECOMMENDATIONS

1. Comments

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2. The worksite has/has not* been inspected. (*Delete as applicable)

3. Percentage/ € recommended: for the period

from: to

NOT TO EXCEED 12 MONTHS

Annual cost

LEC HR stamp and date Signature of OC LEC HR

Surname and initials

PART III

Comments

CERTIFICATION BY BUDGET MANAGER

Signature of Budget manager Surname and Initials


€

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Tel Number Date

Distribution:

The Budget Holder is to retain a copy of the application and forward a further copy to LEC HR who are to produce additional copies for distribution as under

1 copy to Unit LEC HR file copies

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ANNEX F

LEC SBA PROCESS FLOW CHART Non GEO Units

Recommending Officer (OF3/C2) level see note 1

LEC HR Scrutiny/Approval/Reject

See note 4

Approve

LEC HRPay Action See note 4

Reject

Results forwarded to:

Recommending Officer

Parent LEC HR

Budget Manager

Authorising Officer (OF4/B) level See note 2

Authorising Officer informed/resubmission

if required

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Notes:

1. The Recommending Officer (minimum grade Major or equivalent, except where Captains are “in Command” and usually in the employee’s immediate chain of Command) must ensure that the individual or team task/activity meets the criteria for granting the SBA. Recommending Officers are not to inform individuals that their name has been put forward for a Special Bonus Award until the outcome of the application is known. The Recommending Officer must pass the Application to the Authorising Officer. 2. The Authorising Officer (minimum grade Colonel or equivalent) must endorse the Recommending Officer’s justification and pass the application to LEC HR for scrutiny. Budgetary approval (for non-GEO Units) must be obtained prior to forwarding on to LEC HR. Email applications will be accepted with e-mail budgetary approval. 3. AN SBA Board is to be convened to consider unit SBA applications ensuring that they are correctly justified, fair and that awards are proportionally consistent. 4. LEC HR will approve or reject the payment of the application, giving reasons. Following approval it will be processed for payment action. Copies will be distributed in accordance with the Flow chart above.

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APPENDIX 1 TO ANNEX F

LEC SPECIAL BONUS (SBA) – APPLICATION FORM Part A. Recommendation for a Special Bonus Award The minimum (or equivalent) rank of the Recommending Officer should be that of a Major, except where a Captain is ‘in Command’ (or equivalent). Employee:

Name: Personal Number:

Grade:

Unit:

EKZ/WPN: LEC HR

Justification:

Recommended Amount: € Gross/Net*

Recommending Officer:

Name: Rank:

Appointment & Address:

Signature:

Part B – Supporting Officer (OF5 or equivalent):

Name: Rank:

Appointment & Address:

Signature:

Comments:

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Part C – Budget Approval:

Name: Rank:

Appointment, Unit & Address:

Signature:

Approved/Not Approved*

Part D – LEC HR:

Comments:

Amount Authorised: € Gross/Net*

Name: Rank:

Appointment: Signature:

LEC HR Pay Action:

Amount to be paid: € Gross/Net*

Payment to be made with:

Pay Element

Allowance

Signature of processing clerk:

Payment action on (Date):

* Delete as appropriate.

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APPENDIX 2 TO

ANNEX F

Reference: Date:

LETTER OF CONGRATULATIONS ON THE AWARDING OF A SPECIAL BONUS AWARD Dear ……………… I am writing to congratulate you on the awarding of a Special Bonus Award of €……… for … (this section should describe the justification for the SBA) ……….. Thank you for your (dedication/performance/contribution on the project, etc.*) Line Manager’s name Signature (* Complete and delete as necessary)

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ANNEX G

TEAM TRAINING AND SPORTS ACTIVITIES

General

1. Team Training can make an important contribution to the effectiveness of organisations. For this reason, such activities can be a valuable use of time and resources and are not discouraged providing they fall within the scope of regulations and the rules on regularity and propriety.

2. OC LEC HR and their staff, Unit Civil Labour Officers and Line Managers should be aware of what type of activity constitutes Team Training. They are also to ensure that LEC (DEL and Dep) are aware of current Land Forces policy and regulations regarding team training.

Definitions and Examples

3. There is a difference between activities that directly contribute towards team training, skills or goals (classed as Team Training) and those which are less formal and solely intended to enhance team spirit (classed as Unit Cohesiveness).

Team Training

4. Team Training is like any other training and must be based around learning and designed to address clearly defined training needs in support of business objectives. Its purpose should be to identify the most cost and time effective way of meeting a teams and individuals learning and development needs combined with the needs of business to improve the team relationships, skills or goals and/or effectiveness. If the purpose is not established, public money will be wasted and give the perception that taxpayers’ money has not been used appropriately.

5. Detailed principles and methods for Team Training can be found in various training manuals but in summary Team Training, could cover:

a. The theory of teams and how they work (N.B it is not necessary for trainees to be from the same team).

b. Training an existing team to review, maintain and improve performance.

c. Training an existing team to cope with change.

d. Training a newly formed team to work together and understand their roles and responsibilities.

e. Training a team to identify team members’ individual role preferences e.g. learning and working styles and personalities.

6. Team Training exercises qualify as a duty activity, but must meet legitimate training needs designed to improve core or functional competencies and must fulfil all of the following criteria:

a. Clear, achievable and identifiable learning objectives (these may be for either the team as a whole and/or for each individual).

b. Identifiable training or development needs; Identifiable links between core or

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functional competencies and business objectives.

c. Detailed demonstration of core or functional competences it will improve/ support and how this will be achieved.

d. Demonstration of a clear benefit to the team and department as a whole. Unit Cohesiveness

7. If a proposed activity does not address a training need/involve staff working together and is solely designed to develop effective team spirit this is classed as ‘‘unit cohesiveness’’ Unit cohesiveness is more social in nature and not structured as a formal Team Training event. Examples would be an evening gathering at a local restaurant or a group attendance as spectators at a local sporting event.

Planning a Team Training Event

8. As the majority of Team Training activities involve the use of public funds paid for from the relevant Unit/Department budget, the preferred option is to use of in-house providers.

9. It is MOD policy to encourage the maximum use of its facilities to meet defence requirements. The taxpayer has a right to expect that all those facilities will be used properly and to the full. Where it is practicable for the team’s needs to be met using MOD facilities, they should be used, though this depends on the nature of the event, the number of people attending and availability of a suitable venue and distance from the duty station. However, on-site facilities should not simply be dismissed on the grounds of perceived disruptions that may or may not occur as these can easily be avoided or prevented through internal management measures.

10. Team Training events should normally only be for 1 working day however, it is acknowledged that some events exceed this duration. In any event where LECs are involved 2 days is considered the maximum.

11. Team Training should not be used solely as a reward mechanism for staff or as a means to boost staff morale.

REGULARITIY AND PROPRIETY

12. Although there is no definitive list of activities deemed to be inappropriate for Team Training, any activity that is not job-related, team-oriented or for which there is no clearly defined management or training objectives or is considered hazardous cannot be considered as an appropriate charge to public funds and no insurance cover would be entertained. A list of these activities is contained at Appendix 1 to this Annex. 13. In situations where units are considering holding such events, be advised:

a. The event will not be publicly funded.

b. Reimbursement of T&S costs is not appropriate.

c. The event should not take place during working hours or if so paid leave is to be taken and recorded.

d. That LECs are to be strongly advised to take out insurance against non- negligent injury. This can be achieved by taking out personal accident insurance at the individuals own expense.

14. Details of such events are to be made known to OC LEC HR at least 6 weeks prior to the

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event taking place. 15. Accident insurance cover for works related accidents may be, in respect of sports activities by LECs, given under the following circumstances only:

a. Participation in sports activities organised by the employer which serve the purpose to alleviate the physical, mental and nerve strain caused by works activities:

(1) The sports activities must not be primarily competitive.

(2) Team games, e.g. soccer, rugby, basketball, volleyball, handball etc are normally of a competitive nature and are, therefore, not covered.

(3) Sports activities organised by employees themselves are not sports activities in the meaning of this management instruction.

16. Any cases of doubt are to be referred to OC LEC HR for advice prior to sports activities being undertaken. Funding and Affordability

17. All employing units and MOD Agencies (MOD Schools, DIO, DE&S, ISS(G), et al), require the financial approval of the appropriate Budget Holder as per Part 4 of Appendix 2 to this Annex to this instruction. Commercial Sponsorship is not to be sought for Team Training events.

18. T&S is to be claimed individually via the appropriate unit budget. Details of T&S costs where appropriate are to be included at Part 1 of Appendix 2.

Value for Money

19. Team Training should offer value for money taking into consideration the cost of the training/activity, T&S and time away from the office/workplace.

20. Selection must be based on Value for Money criteria. It should demonstrate not only the cost of accommodation, facilities and transport arrangements, but also take account of the mix of quality, cost, resource use, fitness for purpose, timeliness and convenience to judge whether or not, when taken together, they constitute good value for money.

21. External facilities such as hotels, conference centres or activity centres should only be considered where they are cost effective. For Team Training events held in hotels, teams must ensure that overnight accommodation is the most effective and economical option taking into account the cost of travel, subsistence, saving of official time and practicality of the journey. Overnight accommodation would not normally be necessary if the hotel is within a reasonable commuting distance from the duty station and the event is conducted within normal duty hours.

Scrutiny and Endorsement

22. All applications for team training are to be submitted as per Appendix 2 and should be in accordance with the guidance in this instruction and are to be submitted to the Business Manager for consideration and approval. Where funding is required the application is to be supported by a Business Case. Applications are to be submitted at least 2 months in advance of the planned event and must include the following:

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a. Details of the activity.

b. Clear aims and objectives and anticipated benefits.

c. A description of and programme for the event/activity including a short risk assessment and reference to insurance cover.

d. A list of attendees and a breakdown of the estimated cost.

23. On approval at Part 3, the Business Manager will forward the application to the appropriate LEC HR who will complete Part 3:

24.

a. Where required enter into co-determination procedures in accordance with the FPRL with the local unit works council in respect of DEL employees.

b. Calculate T&S costs in accordance with current rates and forward the application to the appropriate Budget Manager/Holder for completion at Part 4.

c. Assuming T&S approval is granted the Budget Manager is to return the application to LEC HR who will issue the go ahead for the training to take place by completing Part 5.

Frequency/Timing

25. If required, normally only one Team Training event per financial year will be approved, providing it fulfils the criteria set out in this instruction. Team Training should not automatically be considered as an annual event as other solutions may be appropriate to meet the business objective.

Attendance

26. A key element of Team Training is inclusivity and, whilst it is appreciated that meeting the needs of everyone is difficult, units/departments should ensure that the chosen activity is one that all members of the unit or department will be comfortable with and will be able to attend. If an inappropriate activity is selected, people could feel excluded and the value of the activity will be lost.

27. The participation in Team Training must be restricted to employees of the same agency (or at least the same delegated employer).

28. Care should be taken to ensure that due regard is given to the MOD Equality and Diversity Policy.

Risk Assessments

29. Unit Team Leaders must satisfy themselves that appropriate Risk Assessments have been undertaken and appropriate safety measures put in place prior to any event being authorised. Security

30. All staff are reminded not to publicise the presence of MOD and are reminded of their responsibility not to make bookings using MOD or Service details and or web browsers and host pages that require details personal or service, not to display site access passes and to avoid talking publicly about matters that identify individuals as employees of the MOD.

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APPENDIX 1 TO ANNEX G

ACTIVITIES NOT CONSIDERED AS APPROPRIATE FOR TEAM TRAINING

The following activities are considered not appropriate and hazardous and as such do not qualify for funding at public expense and the MOD will not be liable for any insurance compensation claims received by LECs who have participated in such events that have taken place under the guise of ’Team Training’:

Go-Karting, Paint balling, Quad Biking.

Clay pigeon shooting, Archery, Golf.

Commercial adventurous training mini breaks.

Day at the Races.

Brewery trips.

Dangerous sports, i.e. any activity that could potentially result in serious injury, such as:

Rock Climbing.

White water rafting.

Skiing/Snow Boarding etc.

Water Skiing.

Hang Gliding.

Parachuting.

Team games, of a competitive nature e.g. soccer, rugby, basketball etc.

Entrance fees to cultural, sporting events or tourist attractions. Note: This list is not exhaustive and each application will be judged on a case by case basis. The purpose of this list is to illustrate activities which have already been disqualified from public funding. If there is any doubt about the regularity or propriety and/or if a case is considered novel or contentious it is to be referred to LEC HR.

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APPENDIX 2 TO ANNEX G

APPLICATION FOR AUTHORITY TO CONDUCT A TEAM TRAINING EVENT - LOCALLY EMPLOYED CIVILIANS (LEC)

PART 1 (To be completed by the OC, UCLO or Line Manager)

a. Unit details:

Unit…………………………………………BFPO………UIN……Budget Code……………………….

b. Team Training Event Details:

Event Title………………………………………… Location………………………………………………

Provider…………………………………………………………………………………………………………

Objectives and anticipated benefits…………………………………………………………………………

…………………………………………………………………………………………………………………. ………………………………………………………………………………………………………………….

Description of the event/programme (*)………………………………………………………………………………………………………………........…

……………………………………………………………………………………………………………………

Risk Assessment (*)…………………………………………………………………………………………...……

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

List of LEC attendees by type (DEL or Dep) (*)……………………………………………………………

…………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………… (*) if space does not permit a separate sheet containing the required details should be attached.

Start Date………………………………………… End Date…………………………………………….

Event Fees applicable *Yes/No Cost (€)……………………(Including VAT)

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c. Travel and Subsistence

Is service transport to be used *Yes/No If

no state method of

travel…………………………………………………………………………………………….. From………………………….To………………………….

Accommodation: *Hotel/Mess No. Nights………………….. Cost:………

Signature ……………………………………Name……………………………….

Appointment……………………………………… Date………………………………..

PART 2 (to be completed by Business Manager)

1. The team training is considered *appropriate/not appropriate.

2. *Where requested funding for the training is agreed.

Signature …………………Name…………………………….Appointment ……………….Date………………..

PART 3 (to be completed by LEC HR)

*Day Allowance: No of days/hours………..@ rate………………. Total………….

*Night Allowance: No of nights…………… @ rate………………. Total………….

*Kilometre Allowance: Distance………………. @ rate………………. Total…………

*Travelling Time: No of hours………………@ rate………………. Total…………

Other ………………………………………………………………Total Allowances (€) :………………

Co-determination procedures have been initiated and concluded: *YES/NO/NOT APPLICABLE

Signature………………………Name………………… Appointment……………………… Date………………

PART 4 (to be completed by Budget Holder/Manager) - See notes 11 and 12

*Agreed/Not Agreed RAC to be charged………………Total Expenditure Authorised (€)…………………

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Remarks……………………………………………………………………………………………… Signature……………………Name……………… Appointment………………… Date……………….

PART 5 (To be completed by LEC HR)

It is confirmed that all relevant procedures (Team Training costs,/travel and subsistence/co- determination) have been carried out . The attendance of the named LECs included on the attached nominal roll and costs have been recorded for audit purposes.

Signature……………… Name…………………Appointment…………………….Date………………….

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ANNEX H

EXTRAORDINARY NOTICE OF TERMINATION OF EMPLOYMENT FORM OF LETTERS (GERMAN TEXT IN BRACKETS UNDER ENGLISH TEXT)

Address: Head of Agency ...................................

(Adresse)

Date: ....................................................

Dear ................................................

(Sehr geehrte(r) Frau/Herr ...)

EXTRAORDINARY NOTICE OF TERMINATION OF EMPLOYMENT (AUSSERORDENTLICHE KÜNDIGUNG DES BESCHÄFTIGUNGSVERHÄLTNISSES)

1. You are hereby informed, for the extraordinary reasons stated below, that your contract of employment will be terminated with immediate effect, your last day of employment being ................................ /with effect from .............................. (*).

(1. Wir teilen Ihnen hierdurch mit, daß wir Ihr Beschäftigungsverhältnis aus den nachstehenden wichtigen Gründen mit sofortiger Wirkung beendigen. Ihr Letzter Beschaeftigingstag ist der ........................................... /zum ......................................... (Datum) beendigen) (*).

2. Reasons: (Gründe:)

3. The Unit Works Council has been heard/has cooperated (*) with regard to this notice and has agreed to it/has objected to the issue of the notice with the letter attached (*).

(3. Die Betriebsvertretung ist angehört worden/hat mitgewirkt bezüglich dieser Kündigung und hat ihr zugestimmt/hat ihr widersprochen mit dem anliegenden Schreiben.)

4. Notification to report to Agentur fur Arbeit

Signature (Head of Agency)

(*) Delete as appropriate

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(Note: Letters of extraordinary notice of termination of employment should ideally be handed over to the employee concerned personally by the Head of Agency or his deputy in the presence of a witness. If it necessary to send such letters by mail, this should be effected by recorded delivery, as the day of receipt of the letter by the employee is legally the day of the notice given.)

(*) Nichtzutreffendes streichen

(Anmerkung: Idealerweise sollte eine ausserordintliche Kündigung dem Beschäftigen in Gegenwart eines Zeugen vom Dienstellenleiter oder seinem Stellvertreter persönlich übergeben werden. Falls die Zustellung auf dem Postwege erforderlich ist, sollte dies per Einschreiben mit Rückschein erfolgen, da der Tag, an dem der Beschäftigte das Kündigungsschreiben erhält, rechtlichgesehen als Tag der Kündigung gilt).

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APPENDIX 1 TO

ANNEX H

ALTERNATIVE ORDINARY NOTICE OF TERMINATION OF EMPLOYMENT IN ADDITION TO EXTRAORDINARY NOTICE OF TERMINATION OF EMPLOYMENT

FORM OF LETTER:

Address: Head of Agency .........................................

(Adresse)

Date ..........................................................

Dear ..............................................

(Sehr geehrte(r) Frau/Herr...)

NOTICE OF TERMINATION OF EMPLOYMENT (KÜNDIGUNG IHRES BESCHÄFTIGUNGSVERHÄLTNISSES)

1. For reasons of legal safety you are hereby served with ordinary notice of termination of employment to be effective on .............. should any one labour court consider the extraordinary notice served to you with the letter dated ………….... to be ineffective in law.

(1. Aus Gründen der Rechtssicherheit kündigen wir Ihnen hiermit Ihr Beschäftigungsverhältnis mit ordentlicher Kündigung zum ……….., falls ein Arbeitsgericht die Ihnen mit Schreiben vom ………….... ausgesprochene außerordentliche Kündigung als unwirksam ansehen sollte.)

2. Reasons: .... (Gründe: ...)

3. The Unit Works Council has agreed to this notice/has objected to the issue of this notice with the letter attached (*).

(3. Die Betriebsvertretung hat dieser Kündigung zugestimmt/hat dem Ausspruch der Kündigung widersprochen mit dem anliegenden Schreiben.)

4. Agentur fur Arbeit

Signature: ..........................................................

Head of Agency .................................................

(*) Delete as appropriate (*) Nichtzutreffendes streichen

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Officer Commanding Der Leiter der Dienststelle

To: Unit Works Council An die Betriebsvertretung

ANNEX I

ACTION IN A PERSONNEL MATTER (COOPERATION OF THE UWC VIDE FPRL ARTs 75 AND 79) MAßNAHME IN EINER PERSONALANGELEGENHEIT (MITWIRKUNG DER BV GEMÄß 75 UND 79 BPERSVG)

Herr/Frau*

(Name, Christian Name) .............................................................................................................................................. (Name, Vorname)

(Post Code, Domicile, Street & No) ......................................................................................................................................……. (PLZ, Wohnort, Strasse u. Hausnr.)

(DOB) ......................................................................................................................................…… (Geb. Datum.)

(Employed as & Grade) ......................................................................................................................................…… (Beschäftigt als und Eingruppierung)

Disabled .............. Yes* ............. No*

(Schwerbehindert)

** It is proposed

(Ja*) (Nein*)

(** Es ist beadsichtigt)

a. to engage the a/n person wef* .................................................................................. (Date) (die o.g. Person einzustellen zum*) (Datum)

b. to delegate to the a/n person the responsibilities of a* ............................................................................................................................. (der o.g. Person folgende Tätigkeit zu übertragen*)

.............................. (Trade, Grade) wef ..................................... (Date)

(Tätigkeit. Eingrupp.) zum (Datum)

pto/ bitte wenden/

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c. to re-grade the a/n person wef*

.............................................................................................. (Date)

(die o.g. Person umzugruppierieren zum*) (Datum)

to .................................................................................... (Trade, Grade) (nach)(Tätigkeit, Eingrupp.)

d. to transfer/detach* the a/n person wef*

............................................................................................ (Date)

(die o.g. Person zu versetzen/abzuordnen* zum*) (Datum)

to ........................................................................................ (Unit) (zur, zum) (Dienststelle)

e. to continue employment of the a/n person vide CTA II, Art 46, paragraph 1b* (die o.g. Person gemäß 46, Ziff. 1b) (TVAL II weiterzubeschäftigen*)

from ................................ (Date) to ...................................(Date) (von) (Datum) (bis) (Datum)

as .....................................................................................(Trade, Grade) (als) (Tätigkeit, Eingrupp.)

f. to serve notice of dismissal to the a/n person wef* ..........................................................................................................(Date) (der o.g. Person zu kündigen zum*) (Datum)

ordinary notice, instantly* (fristgemäß, fristlos*)

Reason for action: (Begründung der Maßnahme:)

Officer Commanding (Dienststellenleiter)

* Delete if inapplicable

(Nichtzutreffendes streichen)

** In case of intended engagements insert Proposed trade, grade and Sub Group (Bei Einstellungen die geplanten Positionen einsetzen)

bei ............................. den ...................................... 1

Die Betriebsvertretung (The Unit Works Council of)

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An den Dienststellenleiter (To: Officer Commanding)

STELLUNGSNAHME DER BETRIEBSVERTRETUNG (COMMENT OF THE UNIT WORKS COUNCIL)

Die beabsichtigte Maßnahm wird von der Betriebsvertretung gebilligt* (The Unit Works Council agree with the proposed action.*)

Die Betriebsvertretung ersucht um Erörterung der beabsichtigten Maßnahme gemäß Paragraph 72 Ziffer (1) BPersVg.* (The Unit Works Council request a discussion about the proposed action in accordance with FPRL Article 72, paragraph (1)*)

Stempel (Stamp)

(Vorsitzender(r) der Betriebsvertretung) Chairman of the Unit Works Council

Ergebnis der Erörterung: (Result of the discussion:)

* Nichtzutreffendes streichen (* Delete if inapplicable)

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Issue 1.0: Sep 2019 J-1

ANNEX J

NOTICE BOARD INFORMATION

To: All DEL/Dependant employees of the British Forces in Germany.

Subject: SECURITY

1. You are employed by the British Forces in Germany and as such may be of interest to the intelligence and security services of the Countries to which Special Security Regulations Apply (CSSRA). It is important to note the fact that a Foreign Intelligence Service may make an approach in the guise of a national from a "friendly" country. It is essential to protect our interests, and also your interests, as far as possible, and for this reason you are required to notify your Head of Establishment (HoE)/Commander, in writing, of your intention to travel to or through any of the CSSRA countries listed below. This also applies if you intend to use any aircraft, ship or train of any of these countries:

Belarus China (including Tibet, Macao and Hong Kong Special Administrative Region) Egypt (only applies to personnel travelling within Egypt on duty (including officially sponsored expeditions and adventure training)) Iran North Korea Russia Syria Libya Ukraine Vietnam

2. This measure does not constitute a general prohibition to travel to or through a CSSRA country, nor is it intended to restrict your personal liberty. All information will be treated in the strictest of confidence, applying the “need to know” principles of confidentiality and source protection.

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Issue 1.0: Sep 2019 K-1

ANNEX K

(MODEL NOTIFICATION) - (MODEL WORKS AGREEMENT) (NOTIFICATION OF REGULAR HOURS OF WORK)*

(MUSTER EINER BEKANNTMACHUNG) - (MUSTER EINER DIENSTVEREINBARUNG) (BEKANNTMACHUNG DER REGEL MÄSSIGEN ARBEITZEIT)*

Unit ....................................................................................

[Dienststelle]

1. In agreement with the Works Council under Article 75(3) 1 PRL*/POS Paragraph 6* the regular hours of work for unit employees have been fixed as follows:

[Mit Zustimmung der Betriebsvertretung gemäß Artikel 75(3) 1 BPersVG*/UP Paragraph 6 wird die regelmäßige Arbeitzeit für Beschäftigte der Dienststelle wie folgt festgelegt:]

2. General [Allgemein]

a. Monday to Thursday Friday

0730-1215 and 1300-1700 hrs

0730-1230 hrs

Montag bis Donnerstag Freitag

0730-1215 und 1300-1700 0730-1230

b. Deviations [Abweichungen]

Insert hours of work similar as in sub paragraph 2a above or shift plan for: [Zeiten ähnlich wie in Ziffer 2a oben oder Schichtplan einsetzen fur:]

(1) Driver [Kraftfahrer]

(a) Staff car drivers [Personenwagenfahrer]

(b) Lorry drivers [LKW Fahrer]

(c) Bus drivers [Busfahrer]

(d) Ambulance drivers [Ambulanzfahrer]

(2) Kitchen Personnel [Küchenpersonal]

(a) Shift 1 [Schicht 1]

(b) Shift 2 [Schicht 2]

(3) Canteen Personnel [Kantinenpersonal]

(4) Watchman [Wachpersonal]

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(a) Shift 1 [Schicht 1]

(b) Shift 2 [Schicht 2]

(c) Shift 3 [Schicht 3]

(5) Others [Andere] 3. This regulation is effective from ................................ and may be changed anytime in accordance with the provisions of Art. 9 para 4 CTA II in co-determination/cooperation with the Works Council.

[Diese Anordnung tritt am ................................................. in Kraft and kann jederzeit nach den Bestimmungen des Para 9, Absatz 4 TV AL II unter Mitbestimmung der Betriebsvertretung geändert werden].

Date ..............................................

[Datum]

Signature Signature

Chairman Unit Works Council OC Unit

[Unterschrift des [Unterschrift des

Vorsitzenden Betriebsvertretung] Dienststellenleiters]

* Delete as applicable [Nichtzutreffendes streichen]

Distribution [Verteiler]: LEC HR

Notice Board [Anschlagbrett]

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Issue 1.0: Sep 2019 L-1

ANNEX L

From LEC HR………….. Employing Unit (Cat B) ……………………………

To: Business Manager Date………………………

NOTIFICATION OF DEATH OF EMPLOYEE

1. a. Full Name: ..................................................................................................

b. Trade/Grade: ..............................................................................................

c. Employing Unit: ..........................................................................................

d. Name, address and relationship of Next of Kin: .........................................

.....................................................................................................................

.....................................................................................................................

..................................................................................................................... e.

Date of Birth: ............................................……………................................

f. Date of Death: ………….............................................................................

g. Record of Service with Sending Forces: ....................................................

.....................................................................................................................

.....................................................................................................................

..................................................................................................................... h.

Cause of Death: ………..............................................................................

j. Place of Death: …………............................................................................ 2. NOTIFIED PA TO COMD GEO on: .........................................................…...

SIGNATURE: .............................................…........................

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Issue 1.0: Sep 2019 M-1

ANNEX M

FACILITIES WHICH MAY BE PROVIDED FROM ARMY RESOURCES FOR CANTEENS FOR CIVILIAN EMPLOYEES

1. Provision of Accommodation.

a. Where available, accommodation may be allocated free of charge at the discretion of OCs Employing/User Units in consultation with Station/Garrison Commanders.

b. Any proposed new Works Services require MOD authority. Particulars of the proposed new services are to be submitted through the usual channels. Paragraph 78(4) PRL is to be observed.

2. Furniture and Cooking Apparatus.

a. Furniture and cooking apparatus scaled on the basis at Appendix 1 to this Annex is to be provided from MOD resources.

b. These items are maintained by the MOD, but all losses and damage other than fair wear and tear are to be paid for by the Association.

3. Cooking Utensils, Crockery and Cutlery. Those items are normally provided by the Canteen association. Where, however, cooking utensils, crockery and cutlery from MOD sources are already in use they are to remain on loan to the Association on signature. Losses are to be paid for by the Association, but the articles will not be replaced. Items rendered unserviceable by fair wear and tear breakages are to be withdrawn but replacements will not be issued.

4. DEL. DEL may be used in civilian canteens only where it is included in unit establishments for that purpose. The Secretary/Treasurer may spend up to one hour per day of official working time in connection with the running of the canteen.

5. Cleaning Materials. All cleaning materials are to be provided by the Association which is to be responsible for the cleaning of the canteen.

6. Fuel, Light and Water. Fuel, light and water for the internal heating, cooking and lighting are to be provided free. Officers Commanding/Heads of Establishments are to ensure that these services are kept within reasonable limits.

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Issue 1.0: Sep 2019 1-M-1

APPENDIX 1 TO

ANNEX M

ACCOMMODATION STORES FOR CANTEENS FOR CIVILIAN EMPLOYEES Scale

1. Tables (7105-99-120-3803) - One table for every 4 canteen users 2.

Chairs (7110-99-120-3770) or

(7105-99-120-3771) - 4 Chairs to every table

3. The scale of the furnishings is to be based on the Services Accommodation Code, JSP 315, or the capacity of the canteen, whichever is the lesser.

4. GRO 9/71 refers.

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Issue 1.0: Sep 2019 N-1

ANNEX N

MODEL CHARTER FOR CIVILIAN CANTEENS

1. The (Name of the Association) e.V., hereinafter referred to as the "Association" shall run a canteen for Civilian Employees employed with (Name of Unit), hereinafter referred to as "the Unit" in (Location), and for the Civilian Employees with ............... (in case of other units being attached). The canteen shall be a welfare facility of the unit in the meaning of Art 75 para (3) item 5 of the PRL. The management of the canteen is therefore subject to co-determination by the unit's works council.

2. Any decision taken by the organs of the association shall not be put into effect and acted upon unless and until written consent is given by the OC Unit and the unit works council and the provisions of Para 69 and 70 PRL will apply analogously.

3. The Executive Committee of the Association shall consist of members of the unit and of members of other units using the canteen, if applicable. The number of the executive committee members shall not exceed seven.

4. The Association shall, under the general supervision of the OC Unit, be responsible for the running of the canteen in all respects and shall, in particular, comply with the following conditions:

a. The Association shall be registered with the appropriate Amtsgericht and shall have full responsibility for all business transactions arising from the institution.

b. The Association shall be the employer of all staff directly engaged by them (as regards employees allotted by the OC Unit, see paragraph 3 below).

c. The Association shall be held responsible for all liabilities arising from the normal trading activities of the canteen; this shall include loss of or damage to property provided by the unit, furniture and fittings, kitchen apparatus, cooking utensils, crockery and cutlery (excluding loss or damage through fair wear and tear), the payment of taxes and any other rates due to the German Authorities, wages and salaries to the employees directly employed by the Association.

d. The Association shall at all times ensure that the canteen accommodation is used solely for the purpose for which it has been allotted, that the standard of cleanliness meets the requirements of the unit and business hours agreed are kept. The Association shall ensure that the prices charged in the canteen are calculated not higher than necessary for the gross profit to cover the running expenses (Personnel costs, cleaning, general business requirements). Any small profit made may be used for social purposes. Appropriate guidelines shall be laid down by the Executive Committee of the Association in agreements with Unit Works Council.

e. The Association shall be responsible for the keeping of Accounts and Records in accordance with German Law. The Accounts shall be audited by an accredited firm of Auditors annually. The Auditor's Report and the Account shall be made available to the OC Unit and the Unit Works Council for perusal and then published for general information.

5. The OC Unit shall authorise in accordance with current regulations and instructions the issue of the canteen accommodation, furniture and fittings, kitchen apparatus and utensils in accordance

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with the scale laid down in Appendix 1 to Annex M to these Instructions, and civilian staff for work in the canteen. Such staff shall be employees of the unit and will be paid by the British Authorities; their day to day control will be the responsibility of the Association who will ensure that they are employed only in the grades and trades and for the hours of work agreed between the OC Unit and the Unit Works Council.

6. The OC Unit may at all times use the rights laid down in the Articles of the Association and exercise the rights of supervision accorded to him by the Commander GEO, if necessitated by the running of the canteen. In particular the OC Unit shall ensure that the Canteen accommodation furniture etc be put only to such use as is appropriate for the welfare of the employees of the unit; he may also at any time inspect the Canteen, particularly in respect of cleanliness.

7. Validity of the agreement. This agreement will come into force on (date) and may be terminated from either side by one month's notice to the end of a calendar month.

Place ......................................................... Date ...................................................

Signature Signature Chairman of the Association OC Unit

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Issue 1.0: Sep 2019 1-N-1

APPENDIX 1 TO

ANNEX N

ARTICLES OF ASSOCIATION (SAMPLE) Name and Seat of the Association

1. The Association shall be called " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . e.V." and shall be entered under this name into the Register of Association. The seat of the Association is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Place) . . . . . . . . . . . . . . . . . . . . .

Purpose of the Association

2. The purpose of the Association is to provide a welfare service for employees. (Paragraph 75(3)5 PRL is part of the articles of the association). To this end a canteen shall be established with the possible issue of a meal at reduced prices. No profit shall be made. Any small profit that may have accrued is to be used for social purposes to the benefit of the employees.

Membership

3. Any employees of (Name of Unit) or (possible other Units using the Canteen) can become members of the Association. Applications for membership have to be submitted in writing. The whole Board of the Association decides on the acceptance. Appeal against rejection of an application is permissible. When joining the Association the member accepts the Articles and the decisions of the organs as binding.

a. Termination of Membership. The membership terminates:

(1) By withdrawal, which must be submitted in writing to the Board.

(2) By termination of employment with the Unit. (3) By expulsion.

b. Expulsion. A member may be expelled for behaviour detrimental to the Association or offending the Articles. At least three members of the Association who are not members of the Board must submit an application for expulsion. The member concerned must be given the opportunity for justification during the expulsion procedure. The whole Board will decide on applications for expulsion. Appeal against the decision of the Board is permissible. The rights and duties of the member concerned will be suspended until a final decision on the expulsion is reached.

c. Membership Fee. A non-recurring payment, the amount of which to be assessed by the General Assembly, will be charged, which will be refunded when the member leaves the Association. (Note: Membership may or may not be charged).

Organs of the Association

4. The General Assembly. The General Assembly is the highest Organ of the Association. The duties of the General Assembly are:

(1) Hearing the Annual Report.

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(2) Relieving of the members of the Board.

(3) Election of the Board and the Audit Board.

(4) Decision on applications.

(5) Dissolution of the Association.

5. At least once per annum, and however not later than 31 March of the current year, an ordinary General Assembly of members shall be convened. The General Assembly consists of the members of the Association.

6. The convening instruction for the General Assembly must be issued at least three weeks before the meeting, stating the agenda.

7. Applications have to be submitted in writing to the Board not less than 1 week before the General Assembly. Every member of the Association is entitled to apply.

8. An extraordinary General Assembly shall be called by the Board, if one fourth of all members of the Association demand this putting on the agenda the item the discussion of which was requested.

9. The General Assembly constitutes a quorum if at least 50% of all members are present. If there is no quorum at the General Assembly the Board shall be obliged to convene another General Assembly within three weeks. That Assembly shall then be regarded as constituting a quorum, regardless of the number of members present.

10. The General Assembly shall adopt its resolutions by simple majority votes by the members present. A tie means that an application is rejected. Amendment of the Articles of Association shall require a majority vote of three quarters of those present.

11. The chairman and his deputy are to sign and publicise the minutes taken at the General Assembly. These minutes are to contain at least the voting results and the subsequent wording of the resolutions. The minutes are to be complemented by an attendance list which requires the personal signature of each participant. There is no requirement for publication of the attendance list.

12. The Board. The Board looks after the interests of the Association. It manages the Association in keeping with the decisions of the General Assembly. Its particular concern is:

a. To make sure that the Articles are observed and to realise the decisions taken by the General Assembly.

b. To assess the canteen prices.

c. To control the running of the canteen.

d. To employ the canteen staff.

e. To convene the General Assembly.

13. The Board shall lay down its own standing instructions. It shall meet at least six times per annum. In agreement with the OC Unit, the assembly may be held during working hours. The

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Board shall be composed of:

one chairman. one secretary and one deputy chairman. four members

14. The chairman or the deputy chairman together with the secretary are the legal representatives of the Association within the purview of paragraph 26 of the German Civil Code. Law-bound declarations of intent require the signatures of both. This does not apply to normal current business.

15. The term of office shall be . . . . years. However, paragraph 27 German Civil Code will apply.

16. If one of the members leaves the Board prematurely, a new member is to be elected after his departure.

17. Any person who draws financial benefit from their work for the canteen can not become members of the Board. Works councillors are eligible to be members of the Board.

18. Examining Body. The duty of the Examining Board is to audit the book- keeping of the Association and the canteen. It is entitled to do this at any time - at least twice per annum - making out a protocol for each auditing. The Board, the Works Council and the General Assembly have to be informed of the results.

19. The examining Body is composed of three members who must not be members of the Board. They elect from their midst the chairman.

20. The term of office shall be . . . . . . . years.

21. If one of the members leaves this Body prematurely, a member is to be elected.

Mode of Election

22. The General Assembly must constitute a quorum in instruction to carry out the election of the Board and of the Examining Body.

23. The election is secret and is done by voting-papers at separate ballots. One after the other shall be elected as follows:

the chairman. the deputy chairman. the secretary. the four members. the Examining Body.

24. Elected is who receives more than half the votes of the members present. If no candidate receives this majority, a further ballot shall be held. Elected is then who receives the most votes. In the case of a tie, a second ballot shall be held if necessary. Should the result be tied again, the decision will be made by lot.

Dissolution of the Association

25. The Association shall automatically dissolve:

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a. With the disbandment or re-location of the unit.

b. By three quarter majority decision of the General Assembly.

26. If the General Assembly does not appoint special liquidators then these duties will have to taken on by the chairman and his deputy. The liquidators shall wind up all current business of the Association and sell the inventory. The remaining assets will be put at the OC's disposal who is obliged to use this capital in conjunction with the Unit Works Council for welfare purposes for the staff. Should further welfare facilities not be required, then the remaining assets are to be handed over to . . . . . . . . . . . . . for social purposes.

Business Year

27. The calendar year shall be the business year of the Association.

Entry into Effect

28. The Articles shall enter into effect on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date at the inaugural meeting on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Signatures)

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ANNEX O

MATTERS SUBJECT TO CO-DETERMINATION

1. Co-determination procedures are regulated by the provisions of the Federal Personnel Representation Law (FPRL) Art 69. The complete and authoritative list of items that are subject to co-determination with Works Councils are contained in FPRL Arts 75 and 76. The areas covered include:

a. Transfer to another agency; transfer within the agency if this means a change in working location.

b. Continued employment beyond retirement age.

c. Instruction which restrict the freedom of choice of domicile.

d. Refusal or revocation of permission to take up subsidiary (secondary) employment.

e. Grant of loans, advance payments and other social grants.

f. The allocation and withdrawal of accommodation at the disposal of the agency and the terms and conditions of use.

g. The allocation of and the use of land at the disposal of the agency.

h. Beginning and end of the daily working hours and breaks as well as the distribution of working hours over the individual working days.

j. Time and place of payment of salaries and wages.

k. The drawing up of the leave plan and the determination of individual employees, periods of recreational leave if no agreement can be reached between head of Agency and employees concerned.

l. The establishment, management and dissolution of social facilities, regardless of their legal form, maintained exclusively for civilian labour.

m. Performance of vocational training for salaried employees and wage earners.

n. Selection of personnel to attend courses to further the education of salaried employees and wage earners.

o. The contents of personal questionnaires for salaried employees and wage earners.

p. Guidelines for the assessment of work performance of salaried employees and wage

earners.

q. Measures for the prevention of work related accidents and health hazards.

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r. Principles for the evaluation of recognised proposals within the framework of a proposal system for the agency.

s. Dispensing with the advertising of posts which are to be filled.

t. Instructions to regulate the instruction in the agency and the conduct of employees.

u. Layout of the workplace.

v. Introduction and application of technical facilities designed to control the conduct and the work performance of employees.

w. General questions concerning the further education of employees.

x. Guidelines for the selection of personnel on the occasion of engagements, transfers, re-grading and notices of termination of employment.

y. Claims for compensation against an employee.

z. Detachment of more than three months

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APPENDIX 1 TO

ANNEX O

PROTOCOL OF SIGNATURE RE ARTICLE 56, PARAGRAPH 9 TO THE SUPPLEMENTARY AGREEMENT TO THE NATO STATUS OF FORCES AGREEMENT DATED 3 AUG 1959 IN THE VERSION RESULTING FROM THE AMENDMENTS DATED 21 OCT 1971 AND 18 MAY 1981

1. The individual administrative units and establishments (Betriebe) of a force or of a civilian component as set up in the territory of the Federal Republic of Germany and defined by the force concerned shall be agencies within the meaning of the Federal Personnel Representation Law (Personalvertretungsgesetz) of 15 Mar 74 (Bundesgesetzblatt Teil 1 page 693) referred to in this Section as "the Law". Those headquarters which are administratively immediately subordinate to the highest subordinate shall be the intermediate authorities. The highest service authority shall be the headquarters of a force, designated by the sending State concerned, exercising final authority over matters that are subject to works council participation.

2. In the case of duty travel performed by the members of a works council (Betriebsvertretung), travelling expenses shall be paid pursuant to the tariff provisions governing travelling expenses for salaried civilian employees of the force but at not less than the second highest rate.

3. In discussions with the works council, the head of the agency may be represented by a person holding a responsible position in the management of the agency and authorised to negotiate with the works council to the same extent as the head of the agency.

4. Application of those provisions of the Law which govern eligibility for works council office, and relate to length of employment with an agency, may be waived if so agreed by the majority of employees of a given agency and the head of such agency.

5. The head of the agency shall not be required to submit to the members of the works council to the committee referred to in Art. 93 of the Law and to the conciliation committee such documents as are classified for security reasons. For the same reasons, and in accordance with special directives issued by the highest service authority of the force, a member of the works council may be restricted in his right of access to agencies of the force; the same shall apply to other persons who, according to the provisions of the Law, may participate in the meetings of the works council.

6. The rights of the co-determination provided for in the Law shall be applicable with respect to:

a. The implementation of vocational training schemes established by the force concerned, and the management of welfare facilities maintained exclusively for civilian labour.

b. They shall also be applicable with respect to:

(1) The establishment of the beginning and end of daily work hours and breaks. (2) The determination of the time and place of payment of earnings, and the drawing up of the leave plan.

7. The extent that in a given case no compelling reasons exist making the exercise of those rights incompatible with the fulfilment of the defence responsibilities of the force; in the case of

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disagreement as to whether such reasons exist, the highest service authority shall decide on the matter and transmit a written statement of its decision to the chairman of the works council involved.

8. In other cases of co-determination provided for in the Law as well as in those cases where the rights of co-determination are not applicable by virtue of the second sentence of sub-para a. above, the co-operation procedure shall apply.

9. The conciliatory committee envisaged in the co-determination procedure shall consist of two members, one to be appointed by the highest service authority and one by the appropriate works council of that authority, as well as an impartial chairman to be agreed upon by both sides. If no agreement can be reached on the chairman, the appointment shall be made by the Secretary General of the North Atlantic Treaty Organisation. The highest service authority may insist upon the members of the conciliatory committee being cleared to handle classified material.

10. Insofar as it is incompatible with the fulfilment of the defence responsibilities of the force, the head of the agency shall not be required to submit to the works council for its cooperation any draft of administrative instructions prior to their being issued. In the case of investigations into accidents the works council shall be called in unless regulations regarding military security or discipline exclude the presence of works council members. 11. The works council shall co-operate in all measures concerning medical and health service for the employees, except in the appointment of medical doctors. 12. Where the Law provides for court decisions, the German Labour Courts shall decide cases in accordance with the procedure provided for in German law (Beschlussverfahren), and the Federal Republic shall act in the proceedings in the name of a force or a civilian component at their request. 13. At the request of a force or a civilian component, the agency designated by the Federal Republic shall apply for the institution of a criminal prosecution in respect of a breach of secrecy (Verletzung der Schweigepflicht) in accordance with Article 203, paragraph 2, sub paragraph 3, and Article 353B, paragraph 1, sub paragraph 3, of the Penal Code.

Explanatory Note

14. The provisions applicable prior to the coming into force of this agreement shall continue to apply to proceedings instituted before the entry into force of this Agreement, to obtain protection against dismissal as well as to other actions for a declaratory judgement or for damages or specific performances arising out of the contract of employment.

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ANNEX P

MATTERS SUBJECT TO COOPERATION

1. Cooperation procedures are regulated by the provisions of the Federal Personnel Representation Law (FPRL) Art 72. The complete list of items subject to cooperation with Works Councils is contained in FPRL Arts 75-79

a. Engagement of employees.

b. Allocation of higher graded/lower graded duties, upgrading, downgrading and initial grading.

c. Detachment of more than three months.

d. Drawing up of social plans.

e. Establishment, management and dissolution of welfare facilities regardless of their legal from not exclusively maintained for civilian labour.

f. The layout of the workplace in cases where members of both the force or the civilian component and civilian labour are employed at the same worksite (facility) or in the same programme and where the number of civilian labour involved is not prominent.

g. Contents of personnel questionnaires (vetting forms) concerning matters of military security.

h. Measure to increase the work performance or to ease the working process.

i. Introduction of basically new working methods.