Public service (Germany)
The public service in Germany is the field of activity of civil servants , soldiers and judges as well as public service workers ("collective bargaining employees ") of public employers. The term public service has increasingly supplanted the term civil service since 1920.
Workforce development
| year | Number B, L, K, S |
Number + others |
|---|---|---|
| 1991 | 6.74 million | |
| 1995 | 5.37 million | |
| 1996 | 5.28 million | |
| 1997 | 5.16 million | |
| 1998 | 5.07 million | |
| 1999 | 4.97 million | |
| 2000 | 4.91 million | |
| 2001 | 4.82 million | |
| 2002 | 4.81 million | |
| 2003 | 4.78 million | |
| 2004 | 4.67 million | |
| 2005 | 4.60 million | |
| 2006 | 4.58 million | |
| 2011 | 4.60 million | |
| 2013 | 5.73 million | |
| 2014 | 4.18 million | 5.81 million |
| 2017 | 4.26 million | 5.99 million |
The number of employees of public employers includes the federal (B), federal states (L), municipalities (K) and social insurance including the Federal Employment Agency (S)
- for the general public budget (state sector) with core and extra budget
- as well as for all other public institutions.
The people employed in the public service are mainly employees (collective bargaining employees), civil servants, soldiers and judges. In addition, there are other public service relationships such as those of the Federal Ministers or the Parliamentary State Secretaries . The legal features of the concept of civil servant result from Article 33, Paragraph 4 of the Basic Law (GG), Section 2, Paragraph 1 and Section 6 of the Federal Civil Service Act (BBG) as well as the civil service laws of the federal states. The characteristics for judges result from Art. 92 , Art. 97 and Art. 98 GG, Sections 1 to 45a of the German Judges Act and the judge laws of the federal states. The term soldier is legally defined according to Section 1, Paragraph 1, Clause 1 of the Soldiers Act .
Establishment of the employment relationship
Employers (or in the case of civil servants, the employer ) are the federal government, the federal states and the municipalities (including (rural) districts) other corporations , institutions or foundations under public law . Anyone who appoints or hires civil servants in the public sector is a recruiting authority. The right to have civil servants is called the ability to serve as an employer. This have z. B. also the religious communities under public law.
For public sector include, for example, in addition to the activities in the management usually work in schools , universities , water utilities and government hospitals . The garbage collection and transport companies are often privatized . The public service in the broader sense also includes social insurance (Federal Employment Agency, German pension insurance , health insurance , professional associations ) as well as activities in public savings banks and the Bundesbank . Since the two large churches in Germany are corporations under public law, church officials (e.g. pastor, bishop) of the Roman Catholic and Protestant regional churches as well as church employees (e.g. pastoral and community officer) also count Field of activity.
The filling of vacancies in the public service is subject to the principle of selecting the best in accordance with Article 33 (2) of the Basic Law. This applies not only to recruitment, but also to career advancement within the public service. Public offices within the meaning of Article 33, Paragraph 2 of the Basic Law are both civil servant positions and positions that can be filled by employees. In view of the employment of employees of entrepreneurs and individual research institutions as external employees in German federal ministries and cases of patronage that have become known, doubts have arisen with regard to compliance with this constitutional requirement. Civil servants are appointed and appointed to an office (without an employment contract, but by establishing a service and loyalty relationship). On the other hand, employees are employed on the basis of an employment contract .
Tariff policy
Workers
Until 2005, uniform collective agreements applied to the public service , the best known being the Federal Employees Collective Agreement (BAT). Since October 1, 2005, this tariff unit no longer exists . The collective agreement for the public service (TVöD) applies to employees at the federal and local levels.
After more than 14 weeks of strikes in the public service of the federal states, the trade unions ver.di and dbb tarifunion and the collective bargaining association of the German federal states agreed on a new collective agreement for the public service of the federal states (TV-L) on May 19, 2006 in Potsdam . However, this provides for different working hours from 38.70 to 40.1 hours per week in the states of western Germany with a uniform pay table. In Hesse, the collective agreement for the public service of the State of Hesse (TV-H) has been in effect since January 1, 2010 and the harmonization collective agreement of October 14, 2010 in Berlin, both of which largely correspond to the TV-L. The collective agreement in Berlin has been in line with TV-L since December 31, 2017.
Until the end of 2001, the aim of the supplementary pension for the public service (ZÖD) was to ensure, together with the statutory pension of the German pension insurance, a total pension at retirement age, which was essentially based on the regulations of the civil service pension . From the beginning of 2002, the overall pension model was converted to a company pension model. The goal of approaching the retirement benefits of civil servants was thus abandoned.
Officials, soldiers and judges
The employers of civil servants, soldiers and judges often take on the TVöD degrees at the same time and with the same content. To this end, the relevant salary laws are being changed.
The maximum pension rate for civil servants is 71.75 percent multiplied by 0.9901, i.e. 71.04 percent ( Section 14 Paragraph 1 in conjunction with Section 5 Paragraph 1 Hs. 2 BeamtVG ) of the pensionable remuneration the last two years before retirement. (For federal civil servants, different regulations are possible in the federal states). The pensions are high in relation to the salary compared to employees subject to pension insurance. One of the reasons for this is that the employer's expenses for retirement benefits are not shown as a component of the salary. In the case of employees with pension insurance, the contributions paid by the employer are initially added as a component of the wages, but the employee does not have the right to dispose of them. The civil servant's pension, like contribution-financed insurance pensions, is the equivalent of the services rendered at the time of active employment. Instead of withholding contributions, the employer pays correspondingly lower salaries. The equivalent value of the services provided is made up of a share of (currently available) payments (less wage tax withheld ) and a share of pension entitlement that is not currently available.
Service law
Public service law refers to the legal matter which regulates the legal framework for employees and their relationship with public employers or employers. It is therefore to be seen as equivalent to labor law in other employment relationships . Due to the special legal arrangements, the civil service law of the federal and state governments as well as the soldiers law and the German judges law as well as the judge laws of the states have emerged.
Administrative action is administratively verifiable, z. B. in the course of a supervisory procedure or in the context of an administrative court procedure . The actions of employees can also be punished under disciplinary law.
European influence
The further development of domestic public service law was also influenced by European public service law. Starting with the employment relationships of the high officials of the European Coal and Steel Community up to the employment law of the civil servants of the EU it has broadcast in the direction of an approximation of the national employment law in Europe. This also applies to certain legal principles that have been further developed through case law: in particular the principle of equal treatment , the prohibition of discrimination , the appointing authority's duty of care , administrative self-commitment , the protection of legitimate expectations and the principle of good faith ; In relation to legal proceedings, there is also the right to be heard and the obligation to give reasons. Furthermore, the basic ideas of domestic service law also have an impact on other legal relationships in the public service.
Church autonomy
The churches are not directly assigned to the public service . Although these also have the status of public corporations, other legal norms sometimes apply here due to the constitutionally guaranteed autonomy of the churches (see also labor law of the churches ).
literature
- Hans Peter Bull : From civil servant to public service provider. On the future of service law. Edition Sigma , Berlin 2006, ISBN 3-89404-747-X .
- Helmut Schnellenbach, Jan-Peter Fiebig: Public service law . 3. Edition. HWV Hagener Wissenschaftsverlag, Hagen 2014, ISBN 978-3-7321-0140-5 .
- Manfred Wichmann, Karl-Ulrich Langer: Public service law. The civil service and labor law for the public service. 8th edition 2017, Kohlhammer-Verlag, ISBN 978-3-555-01910-9 .
- Walther Fürst , Horst Arndt, Hans Georg Bachmann, Eckhard Corsmeyer, Ingeborg Franke , Max-Emanuel Geis , Daniela Hampel, Andreas Hartung , Thomas Heitz, Boris Hoffmann, Matthias Koch, Eric Lingens, Rosanna Sieveking , Peter Silberkuhl, Herbert Stadler, Harald Strötz , Rudolf Summer, Klaus Vogelgesang, Hans-Dietrich Weiß, Peter Wilhelm, Siegfried Zängl: Civil service law of the federal and state governments, judicial law and military law (= Ingeborg Franke, Hans-Dietrich Weiß [Hrsg.]: GKÖD. General commentary on public service law . Volume I ). Erich Schmidt Verlag, Berlin 2019, ISBN 978-3-503-00895-7 .
- Hans-Dietrich Weiß, Andreas Koch: Disciplinary Law of the Federation and the States (= Ingeborg Franke , Hans-Dietrich Weiß [Hrsg.]: GKÖD. General commentary on public service law . Volume II ). Erich Schmidt Verlag, Berlin 2018, ISBN 978-3-503-00896-4 .
- Max-Emanuel Geis , Timo Hebeler , Manfred-Carl Schinkel , Sabrina Schönrock , Monika Sturm: Salary law of the federal government and the states (= Ingeborg Franke , Hans-Dietrich Weiß [Ed.]: GKÖD. General commentary on public service law . Volume III ). Erich Schmidt Verlag, Berlin 2019, ISBN 978-3-503-00897-1 .
- Christian Fieberg, Reinhard Künzl, Sascha Pessinger: Law of Public Service Employees (= Ingeborg Franke , Hans-Dietrich Weiß [Hrsg.]: GKÖD. General commentary on public service law . Volume IV ). Erich Schmidt Verlag, Berlin 2018, ISBN 978-3-503-00898-8 .
Web links
- Literature on the subject of public service in the catalog of the German National Library
- Private page on the public service in Germany (oeffentlicher-dienst.info)
Individual evidence
- ^ Fritz Paepcke , Klaus Berger, Hans-Michael Speier: In translating life: Translate and text comparison , Gunter Narr Verlag, 1986, p. 262 online
- ^ State & Society - Public Service - Federal Statistical Office (Destatis). Retrieved November 18, 2017 .
- ↑ Federal Statistical Office: Public Service Personnel ( Memento from February 21, 2015 in the Internet Archive )
- ^ BAG judgment - 9 AZR 70/07. Federal Labor Court , February 19, 2008, accessed on August 7, 2019 (Rn. 26).
- ^ Service Hessen - collective agreements , accessed on November 25, 2018
- ^ New collective bargaining law in the state of Berlin ( Memento from April 28, 2011 in the Internet Archive ), berlin.de, accessed on September 24, 2015.
- ↑ Public-Dienst.Info - TV-L - Berlin. Retrieved May 6, 2017 .
- ^ Judgment of the Second Senate - 2 BvL 17/99. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court, March 6, 2002, accessed on August 24, 2019 (Rn. 183).
- ↑ Civil servants or employees - comparative study of the effects of the alternative use of civil servants or employees in the federal service (= series of publications by the Federal Commissioner for Economic Efficiency in Administration . Volume 6 ). Kohlhammer, Stuttgart, Berlin, Cologne 1996, ISBN 3-9801412-1-7 , 4.2.3 ( bundesrechnungshof.de ).
- ↑ Meinhard Schröder, The European Service in the Field of Tension between State and Supranational Conceptions, ZBR 22 (1974), pp. 173–179. Quoted from: Hans-Heinrich Lindemann: General principles of law and European public service . Duncker & Humblot,, ISBN 978-3-428-45941-4 , p. 19 ff.
- ↑ Johannes Saurer : The individual in European administrative law: The institutional differentiation of the administrative organization of the European Union from an individual perspective , Mohr Siebeck, 2014, ISBN 978-3-16-151958-1 , pp. 207–208 .
- ↑ Eberhard Schmidt-Assmann, Peter Badura: Special Administrative Law , Walter de Gruyter, 2005, ISBN 978-3-89949-196-8 . P. 740 .
