Breakout session feedback:

« legal session »

Moderator: LtCol. Kris Bernauw

Session Secretary: Capt. Tonny Pedersen

“Enabling NATO Operations Through Effective Employer Support” – DEFSEC Committee

Current Situation

• Conceptual– Employer support <-> Employment protection– Focus on employer support legislation

• Risks – Competition distortion– Reservist system becoming more expensive than

equivalent regular forces

Lessons learned

• Lesson learned 1: Don’t use legislation only– Legislation must be the basis for the system– Supplemented by self-regulation / code of conduct /

collective and partnership agreements / MoUs– Legislation only last resort of actions– Long and onerous process

(politics, labour organisations, MoD’s, etc.)

“Enabling NATO Operations Through Effective Employer Support” – DEFSEC Committee

Findings

• Different solutions to different situations– Compulsory <-> voluntary mobilisation – SME <-> large enterprise employer – Officers/NCO/privates – Type of reserve – National differences :

• in mobilisation conditions • cultural

• => Difficult international harmonization• => Difficulty in best practise qualification

Lessons learned

• Lesson learned 2: Inventory of tools– Financial compensation– Tax benefits– Public contract and tender priority– Minimum advance notice– Maximum duration of tour of duty– Minimum separation between tours of duty– Selection of least disturbing period– Employer recognition – Civilian certification/assimilation of military

experience/education– Insurance covering loss of key company personnel

“Enabling NATO Operations Through Effective Employer Support” – DEFSEC Committee

Best practices

• Best practice 1: – Reciprocal dissemination / information

/education of employer and armed forces

• Best practice 2:– Institutional strengthening

• Permanent communication / mediation / consultation forum or body

“Enabling NATO Operations Through Effective Employer Support” – DEFSEC Committee