STANDING INSTRUCTIONS FOR THE RECRUITMENT, EMPLOYMENT AND ADMINISTRATION OF DEPENDANT EMPLOYEES IN GERMANY
Revised: September 2019
1. The term “Dependant” (referred to hereinafter as Dependant (Dep)) is defined in Article I.1(c) of the NATO Status of Forces Agreement of 19 June 1951 (SOFA), and means “the spouse of a member of a force or a civilian component, or a child of such member depending on him or her for support”. Dependants form one of two types of Locally Engaged Civilian employees (known collectively as LECs), the other being Directly Employed Labour (DEL ) who are employed by the MOD under Article 56 of the Supplementary Agreement to SOFA of 3 August 1959 (SA) under German law. These instructions deal with the recruitment, employment and administration of MOD Dep employees in Germany
2. SOFA and the SA envisage that only two groups of civilian employee will be employed by the MOD in Germany: those who are employed as members of the civilian component under Article I.(b) of SOFA; and DEL. Article I.1(b) SOFA defines the term “civilian component” as follows:
“…the civilian personnel accompanying a force of a Contracting Party who are in the employ of an armed service of that Contracting Party, and who are not stateless persons, nor nationals of any State that is not a party to the North Atlantic Treaty, nor nationals of, nor ordinarily resident in, the State in which the force is located.”
3. Subject to the limitations on nationality and residence, it has been accepted by the German authorities, and by the German courts, that those with dependant status under SOFA and the SA may be employed as members of the civilian component on the basis that, whilst they have that status, they are accompanying the force for the purposes of Article 1.1(b).
4. The contracts of employment of Dependants are governed by English Law.
5. Dependant status for children of members of a force or civilian component will cease upon the 25th birthday of the child.
6. Deps may be engaged locally for any Dependant vacancy, providing they are in possession of a GEO Form 113 (Civilian Identity Card), are aged 16 years or over and qualify for membership of the civilian component having regard for Article 1.1(b) SOFA.
7. A Dep may be employed in the same establishment as the head of family or other relative, but not in the same section, office or department, or under the supervisory control of the head of family or any other relative. Where no alternative source of suitable labour is available the Officer Commanding (OC) units may apply for exemption to this ruling to the LEC HR Team.
8. In accordance with UK government instructions, Dep pay reflects prevailing rates in Germany, and is broadly in line with the rates of pay of DEL employees. In view of this, posts will normally be graded in a similar manner to DELs.
9. Dep employees will not normally be liable for UK Income Tax provided that they fulfil the conditions set out in the Inland Revenue Board Order made under section 28(5) of the of the Income Tax (Earnings and Pensions) Act 2003 namely: are not resident in the UK for tax purposes; and are in a grade, the maximum pay of which is less that the pay of a ‘D’ grade MOD civil servant working in inner London.
10. The LEC HR Team are responsible for the day to day administration of Dependants employed under this Instruction.
11. OC LEC HR is responsible for implementing GEO civil labour policy within their Agency boundary, and providing an HR management service for all Category A units within their area. They perform annual labour support inspections of all Category ‘A’ and ‘B’ units within their dependency.
Category ‘B’ - Employing Units
12. Employing Units are to follow the direction and procedures set out in FSI(G) 8002. Specifically, they are responsible for:
- The line management and supervision of Dependants.
- The administration of Dependants , with the exception of tasks which are designated as the responsibility of the LEC HR Team or User Unit in these Instructions.
- 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 the LEC HR Team.
- Ensuring that labour is not employed in excess of the trades and grades authorised by budget holders.
- Ensuring that Dependants are engaged and dismissed in a lawful manner and that Industrial relations procedures are not infringed.
- Submitting in accordance with LEC HR Team instructions attendance records for Dep employees to the DBS DEP Pay Team.
Category ‘A’ - User Units
13. User Units are responsible for the line management and supervision of Dep employees allocated to them in accordance with this instruction. Specifically, they are responsible for:
- The maintenance of attendance records and the timely submission of completed and certified records to DBS DEP Pay Team and LEC HR Team.
- The immediate reporting of absence and casualties caused by illness or accident to theLEC HR Team.
- Reporting matters requiring disciplinary action to the LEC HR Team. Reports are to be made without delay, initially by telephone and confirmed in writing.
- Restricting employees' duties to those contracted unless authorised by OC LEC HR.
- Ensuring that funding has been authorised and agreed for all additional expenditure, such as overtime, any allowance or bonus.
- Forwarding queries from individual employees on pay and employment to the LEC HR Team for clarification.
15. Queries arising from these instructions are to be referred to the LEC HR Team for clarification.
- Section 1. General instructions for the recruitment, employment and administration of Dependant Employees.
- Section 2. Dependant Terms and Conditions of Service
- Section 4. Dependant Progress Training