The Dual Legal System in Civil Protection
In modern human resources management, releasing employees who volunteer in civil protection represents a recurring organizational challenge. Many HR departments mistakenly assume that uniform federal regulations apply to both the Federal Agency for Technical Relief (THW) and volunteer fire departments. However, this is a serious misconception, as legislative competencies in Germany are strictly divided between the federal government and the sixteen federal states. While the THW, as a federal agency, is directly subject to federal law, the fire service is purely a state matter. To systematically understand these complex legal interconnections, we recommend looking at our structured defence preparedness curriculum, which provides HR professionals with a solid foundation. Additional context is available in defence preparedness curriculum. For the broader process, see Business Defence Preparedness: The Workforce Risks Companies Should Prepare For Now. The defence preparedness topic area brings together the relevant operational perspectives.
This federal structure means that employers must comply with completely different reimbursement applications, deadlines, and verification procedures depending on the employee's place of residence and work, as well as the organization they serve. Incorrect procedures can quickly lead to significant financial losses if continued wage payments are made but not reclaimed in time or from the wrong authority. Therefore, it is essential for companies to establish a clear distinction between federal and state law and to adapt internal HR processes accordingly in order to act quickly and legally in an emergency. A useful deeper dive is Reserve Service, Conscription and Employment: What Employers and HR Should Clarify Early.
AI-generatedFederal Agency for Technical Relief (THW) and Federal Law
The legal situation for the Federal Agency for Technical Relief (THW) is regulated uniformly nationwide in the THW Act (THW-Gesetz, THWG). According to Section 3 of the THWG, employers are obliged to release volunteer THW helpers from work for operations, training, and officially ordered exercises. During this release, the employee has no claim to remuneration against the employer, but Section 3, Paragraph 1 of the Act regulates an obligation for the employer to continue paying the salary, who in turn has a reimbursement claim against the federal government. This legal design ensures that the helper suffers no financial disadvantage and the employer does not have to bear the costs permanently.
The employer's claim for reimbursement covers the continued gross salary as well as the employer's shares of social security contributions. It is important to note that the application for reimbursement must be sent directly to the responsible THW regional office. To prepare HR teams for such specific constellations in detail, our practical course on volunteering in civil protection provides detailed step-by-step instructions and legally compliant templates for communicating with federal authorities. Additional context is available in course on volunteering in civil protection.
Volunteer Firefighters and Civil Protection under State Law
In contrast to the THW, volunteer fire departments are subject to the respective fire protection and emergency aid laws of the federal states. This means that the obligation to grant leave and the exact modalities of continued pay can vary greatly from state to state. In some federal states, there is an absolute obligation to continue paying wages with a subsequent claim for reimbursement against the municipality, while in other states, differentiated exceptional rules exist for operational necessities. This fragmentation makes it particularly difficult for companies operating across multiple regions to formulate uniform guidelines.
For HR practice, this means that for every firefighting deployment, the law of the federal state in which the employee performs their service must be consulted. In doing so, the specific deadlines for reimbursement applications, which are often very short, must also be observed. A deep understanding of employee rights and duties in the respective federal state is therefore a basic prerequisite for minimizing financial risks for the company while correctly fulfilling legal requirements. Additional context is available in employee rights and duties.
AI-generatedOperational HR Implementation: Leave and Continued Pay
Operational implementation begins well before the actual deployment. Employers should require their employees to proactively declare their membership in the THW or the volunteer fire department. As soon as an alarm is triggered, the employee must generally be released immediately. Refusing release is legally permissible only in extreme exceptional cases, where the continuation of operations would be directly endangered by the absence. However, the hurdles for this are extremely high and are strictly reviewed by the labor courts.
After the deployment has ended, the employee must immediately present an official certificate of participation to the employer. This certificate, issued by the municipality or the THW office, serves as mandatory proof for payroll accounting and the subsequent reimbursement process. These administrative procedures are very similar to the processes that companies must establish for reservists and conscripts at work, as strict proof is also required there towards public bodies to avert financial disadvantages. Additional context is available in reservists and conscripts at work.
- Request written notification of membership from the employee
- Request the certificate of participation immediately upon return
- Record absences in the time tracking system separately as paid leave
Managing the Reimbursement Process Correctly
The reimbursement process itself requires precision and compliance with formal requirements. The employer must document the exact absence times of the employee and calculate the corresponding remuneration, including social security contributions, down to the cent. For THW deployments, the application is submitted directly to the federal government, while for firefighting deployments, the respective municipality that ordered the deployment is the correct contact. Some federal states now offer digital portals to speed up this process, while others still rely on paper forms.
HR departments must also note that in special crisis situations, such as tension, defence and alliance cases, additional emergency statutory regulations may apply, which fundamentally change the priorities of release and the reimbursement channels. A forward-looking HR department therefore always keeps updated checklists ready to secure the company's liquidity even under extreme conditions through rapid reimbursement of personnel costs. Additional context is available in tension, defence and alliance cases.
- THW deployments: Send reimbursement application to the responsible THW regional office
- Firefighter deployments: Send application to the respective municipality
- Reimbursable costs: Gross salary plus employer shares of social security contributions
Operational Preparedness and Strategic Workforce Planning
To successfully balance social responsibility and operational efficiency, companies should strategically integrate civil protection into their workforce planning. This includes creating substitution plans for key positions and raising awareness among managers about the importance of volunteer work. An open dialogue with the affected employees builds trust and prevents conflicts in emergencies, when seconds can decide on a deployment.
Since the legal framework and case law in the area of civil protection and defense preparedness are constantly evolving, continuous monitoring of the legal situation is essential. Companies that want to digitalize their HR processes and set them up securely can try ConformBase for free to gain access to up-to-date compliance templates, automated deadline calculators, and state-specific guidelines. This saves valuable administrative time and protects against unforeseen costs. For a real trial run, teams can try ConformBase for free.
Related ConformBase pages
- defence preparedness curriculum
- course on volunteering in civil protection
- employee rights and duties
- reservists and conscripts at work
- tension, defence and alliance cases
- try ConformBase for free
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