Posted on Sep 9, 2018
What regulations/ laws stipulate when a Reservist can be called into service?
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I am a Reservist whose unit is based in Germany. Because of this, some of the Soldiers in my unit work for German employers, rather than in American government jobs or for American companies (both of which are under USERRA), meaning that their employment is not under the authority of USERRA. Is it possible for them to be forced to go on orders even when doing so threatens their civilian employment? If so, what regulations and/ or laws allow this? If not, what regulations/ laws prohibit it?
Reserves
Employment
Army Regulations
Posted >1 y ago
Responses: 8
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In my case in my case because I live in Canada, I belong to the Teamster's Union. They hired me knowing I was a soldier. Are you part of a union as well? How do soldiers who are reservists in the bundeswehr work out their issues with their employer? Is it possible that the local provincial government attorney general whatever its called in Germany can be there on your behalf working with the US Army? Hopefully, we can find out here.
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CPT (Join to see)
I am not, sir, and neither is the Soldier in question. The biggest problem is that with a few rare exceptions, the German employers don't have any obligation to respect American service members' Reserve obligations. The fact that we operate according to the fiscal year, rather than the calendar year, causes friction because a Soldier could be put on orders for 2 separate fiscal years, but according to the calendarr year would be leaving for "extra" military duty during 2 consecutive months (September and October for example). The other problem is that many of the AT and ADT opportunities come up during the summer, which is when Germany experiences a partial shutdown due to all the Germans going on vacation then
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SSgt GG-15 RET Jim Lint
I would be willing to bet that German employers did not respect the activation of Reservist during WWI and WWII....to go to Germany. I agree with you most foreign countries have no reason to codify in law to support US Army soldier's obligations.
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If they receive orders they go. I hoe they were honest with their employers from the beginning.
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10 U.S. Code § 12301 - Reserve components generally
In subsection (a), the word “hereafter” is omitted as surplusage. The words “there are not enough *** who are” are substituted for the words “adequate numbers of *** are not”. The words “without the consent of the persons affected” and “under the jurisdiction of that Secretary” are inserted for clarity. The words “and the members thereof” are omitted as surplusage.
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