Last Updated on May 29, 2021 by LawEuro
Members of the Bundestag Act (Laws / Regulations of Germany)
Part One
Acquisition and loss of membership of the Bundestag
Section 1
Acquisition and loss of membership of the Bundestag
The acquisition and loss of membership of the Bundestag are governed by the provisions of the Federal Electoral Act.
Part Two
Membership of the Bundestag and professional activity
Section 2
Protection of the free exercise of an electoral mandate
(1) No one may be prevented from standing as a candidate for a mandate to serve as a Member of the Bundestag or from acquiring, accepting or holding such a mandate.
(2) Discrimination at work on the grounds of candidature for or acquisition, acceptance and exercise of a mandate shall be inadmissible.
(3) Termination of an employment contract or dismissal on grounds of the acquisition, acceptance or exercise of a mandate shall be inadmissible. In all other respects, termination of an employment contract shall only be permitted for a compelling reason. Protection against termination or dismissal shall take effect on the selection of the candidate by the relevant party organ or on submission of the list of nominated candidates. It shall continue to apply for one year after the end of the Member’s term of office.
Section 3
Election leave
During the two months immediately prior to polling day, a candidate for a seat in the Bundestag shall be granted leave of up to two months on request for the purpose of preparing for the election. There shall be no entitlement to continued payment of emoluments during the period of leave.
Section 4
Seniority and length of service
(1) After the end of the Member’s term of office, his or her period of membership of the Bundestag shall be credited to his or her professional seniority and company service.
(2) Within the context of an existing pension scheme operated by a company or companies, the period referred to in subsection (1) above shall only be reckonable for the purpose of fulfilling the vesting periods prescribed in section 1 of the Improvement of Company Pension Schemes Act (Gesetz zur Verbesserung der betrieblichen Altersversorgung).
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