General tariff regulations for members of the public service

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Basic data
Title: General tariff regulations
for members of
the public service (ATO)
Abbreviation : ATO or TO.A and TO.B
Signing: 1938
Come into effect: April 1, 1938
Last change
by: 1)

Last change came into force : 1)
Expiry: March 31, 1961
1) Please note the note on the current version !

The general tariff regulation for followers in the public service , abbreviated ATO , regulated the conditions of employment and the payment of most employees and workers in the public service in the Nazi state since 1938 . The ATO regulates overarching issues for salaried employees and workers, collective bargaining A for members of the public service (TO.A) regulates the specifics for white-collar workers, and collective bargaining B for members of the public service (TO.B) regulates the specifics for workers.

It was valid from April 1, 1938 to March 31, 1961, initially in the German Reich and later in the federal states and municipalities of the Federal Republic of Germany . The ATO released the previously valid Empire employees tariff order from (RAT) and was in turn by the Federal Employees' Collective Agreement and the Federal collective agreement for workers of municipal administrations and companies replaced.

Concept of allegiance

In Section 1 of the Law on the Order of National Labor of January 20, 1934 (AOG), entrepreneurs in private companies were designated as managers of the company and employees and workers as allegiances . In § 2 of the law to order the work in public administrations and enterprises from 23 March 1934 (AOGÖ) were in a public administration or a public operation employ workers and employees analog and followers of the leader of a public office or a public enterprise summarized.

With the Control Council Acts (KRG) No. 40 of November 30, 1946 and No. 56 of June 30, 1947, both National Socialist labor laws were repealed.

Legal nature

Section 16 (1) of the Law on the Order of Work in Public Administrations and Enterprises (AOGÖ) entitles the employer to unilaterally issue service regulations, in which, in addition to provisions on the order and behavior of employees on the job, also provisions on the level of wages and about other working conditions within the framework of the statutory provisions. Service regulations were viewed as an autonomous statutory right of the service community . They did not become the content of employment relationships, but only determined their content. The provisions of the service regulations were legally binding for members of the administration or the company as minimum conditions (Section 17 AOGÖ). They applied immediately and imperatively and were of standard quality.

Service regulations within the meaning of § 16 AOGÖ continued to apply in principle as an autonomous statute law despite the repeal of the AOGÖ by the Control Council Act No. 56. As norms issued on the basis of the AOGÖ, they led a “life of their own” until they were eliminated on their own.

As a result of the loss of the legal basis for the enactment and repeal of service regulations, the authority of the public employer to unilaterally issue, amend or repeal service regulations has lapsed since the AOGÖ came into force. Since the repeal of Section 16 (1) AOGÖ by KRG No. 56, a service agreement can only be used as a normative regulation that has an effect on the employment relationships in a comparable way to a company or service agreement by concluding a replacement company / service agreement replaced or eliminated by a notice of termination that the works or staff council or the employer can declare.

Terms of employment

The ATO brought about the complete reorganization of the employment relationship in the National Socialist sense for the employees in connection with the TO.A and the General Service Regulations (ADO) with effect from April 1, 1938 . The public service employees should form “a service community in the sense of the National Socialist worldview”. With a handshake they had to vow "to be loyal and obedient to the leader of the German Reich and people Adolf Hitler and to fulfill the duties of service conscientiously and unselfishly". Dismissal without notice was particularly permissible under Section 17 ATO if it was established that the member of the allegiance did not guarantee that he or she would stand up for the goals of the National Socialist movement and for the National Socialist state at all times. The jurisprudence of the labor courts was "that the Reich authorities can and must expect from their employees that they adopt the National Socialist ideas on which today's state is based and adjust their behavior accordingly." An employee who accepts this obligation Unreserved commitment to the National Socialist state on the job or even off-duty could be dismissed without notice, regardless of merit in professional terms. For the employees, too, the resolution of the Greater German Reichstag of April 26, 1942 finally drew the final legal conclusions from this internal change in the employment relationship: the employee (whether in a managerial or subordinate position) should also obey the " Führer " if he breaches his duty of loyalty whose decision can be dismissed from his employment relationship without trial.

ATO remuneration structure with TO.A or TO.B

Remuneration group

Depending on the field of activity, an employee is assigned to a certain remuneration group when they are hired. The remuneration group essentially determines the amount of the salary. Salary group I is the highest, salary group X the lowest (in reverse to the previous Reich Employee Tariff Regulations (RAT)). The remuneration groups V and VI existed as double groups Va / Vb and VIa / VIb.

Base salary

Part of the TO.A and TO.B are remuneration tables that indicate a basic salary depending on the remuneration group and level reached. Because of the levels, it increases with age regardless of performance and is the most important part of the remuneration. This basic salary is also called basic remuneration.

Local class

The basic salary was adjusted by a local class.

Single and wives

Single and wives received a lower basic salary.

Contemporary criticism

Melcher and Schilling praised the fact that the collective bargaining system replaces countless national and individual tariffs and is uniform across the country. In addition, there would be a new regulation of the working conditions of the public service in the spirit of the National Socialist worldview: the principle of loyalty and the principle of performance would find their way into collective bargaining law.

literature

  • Kurt Melcher , Emil Schilling : General tariff regulation together with tariff regulation A for members of the public service. Hand edition with comments. Berlin: Trowitzsch 1938.

Individual evidence

  1. ↑ Law on the Order of National Labor of January 20, 1934. documentarchiv.de, accessed on November 12, 2019
  2. ↑ RGBl. I p. 220
  3. ↑ Official Gazette. KR S. 287
  4. ↑ cf. BAG January 27, 1960 - 4 AZR 189/59 - juris Rn. 18, BAGE 8, 352; March 19, 1957 - 3 AZR 249/54 - on 3 of the reasons, BAGE 4, 6
  5. ↑ Hueck / Nipperdey / Dietz Law for the Order of National Labor 4th edition, § 16 AOGÖ Rn. 1
  6. ↑ Hueck / Nipperdey / Dietz Law on the Order of National Labor 4th edition, § 17 AOGÖ in conjunction with. § 30 AOG Rn. 12 ff.
  7. ↑ cf. BAG August 22, 1958 - 1 AZR 20/57 - juris Rn. 20, BAGE 6, 127.
  8. ↑ BAG, judgment of August 2, 2018 - 6 AZR 28/17 para. 27
  9. ↑ cf. BAG November 26, 1964 - 5 AZR 48/64 - on 2 a of the reasons with further reference; March 19, 1957 - 3 AZR 249/54 - on 1 of the reasons, BAGE 4, 6
  10. ↑ BAG, judgment of August 2, 2018 - 6 AZR 28/17 para. 29
  11. ↑ cf. BAG November 26, 1964 - 5 AZR 48/64 - on 2 a of the reasons with further reference
  12. ↑ BAG, judgment of August 2, 2018 - 6 AZR 28/17 para. 34
  13. ↑ RGBl. I p. 461
  14. ↑ BVerfG, judgment of December 17, 1953 - 1 BvR 323/51, 195/51, 138/52, 283/52, 319/52 para. 36
  15. ^ RAG in Seuffert's archive, vol. 92 p. 299
  16. ↑ cf. e.g. RAG, JW 1937, 2708, Arbeitsrechts- Samml. 30, 127, JW 1938, 140
  17. ↑ RGBl. I p. 247
  18. ↑ Kurt Melcher; Emil Schilling: General tariff regulation together with tariff regulation A for members of the public service. Hand edition with comments. Berlin: Trowitzsch 1938, p. 8 f.