Public service worker (Germany)
Workers in the public sector in Germany (including public employees and collective agreements only employees called) form in addition to the officers , soldiers and judges , in a public service relationship are, and the recipients of Salaries own status group of persons in the German public sector . Your employers are the federal government , federal states , municipalities , municipal associations and other corporations , institutions and foundations under public law . The employer corresponds to the employer for persons in an employment relationship. Workers at private law organized companies in the public sector ( public companies ) generally are not considered workers in the public service. Service order employees at the social insurance have a civil servant-like status.
numbers
As of June 30, 2018, there were a total of 2,947,270 public sector employees. This was 61.4 percent of all public service employees and 1.78 percent more than in the previous year. As of June 30, 2017, there were a total of 2,895,925 public sector employees. Their share was 0.3 percentage points lower than in the following year.
| year | All in all | Federation | countries | Municipalities | social insurance | |||||
|---|---|---|---|---|---|---|---|---|---|---|
| absolutely | relative (%) | absolutely | relative (%) | absolutely | relative (%) | absolutely | relative (%) | absolutely | relative (%) | |
| 2018 | 2,947,270 | 61.4 | 145.260 | 29.6 | 1,132,360 | 46.4 | 1.330.995 | 87.4 | 338,655 | 91.8 |
| 2017 | 2,895,395 | 61.1 | 146.065 | 29.3 | 1,109,285 | 46.4 | 1,300,245 | 87.4 | 339,800 | 91.8 |
The share of employees in social security is highest, while it is lowest in the federal government. The latter is essentially due to the professional and temporary soldiers . Without this, the share would be 44.6 percent.
Legal status
The employment relationship of employees in the public service is based on an employment contract under private law , whereas the persons in an employment relationship are employed under public law . The first six months of employment are generally considered a probationary period . It does not apply if you are transferred from an apprenticeship . For many areas, the corresponding application of the provisions for civil servants is specified, in the area of the TVöD, for example, for liability for damages, reimbursement of travel and relocation costs and separation allowances (Section 44 TVöD BT-V).
Duties
The employee must conscientiously and properly carry out the work owed under the employment contract. Employees in whose areas of responsibility also sovereign activities are performed must commit themselves through their entire behavior to the free democratic basic order within the meaning of the Basic Law (§ 41 TVöD BT-V; §§ 3 TV-L, TV-H).
Employees in the public service have to maintain confidentiality, even after the termination of their employment relationship, about matters the confidentiality of which is provided for by statutory provisions (e.g. classified information ) or is ordered by the employer. You may not accept rewards, gifts, commissions or other perks in relation to your work from third parties.
working time
The weekly working hours of employees in full-time employment are often 39 to 40 hours, whereas civil servants usually work 40 or 41 hours a week.
vacation
The right to vacation leave for employees in the public sector is generally 30 days (§§ 26 TVöD, TV-L, TV-H).
Maternity and parental leave
The maternity protection regulations as well as the parental leave are regulated in the Maternity Protection Act ( MuSchG ) and the Federal Parental Allowance and Parental Leave Act ( BEEG ). They correspond to the regulations for persons in an employment relationship.
Outside employment
Less strict regulations apply to secondary employment than to persons in employment. They don't need to be approved in advance. However, there is an obligation to notify if the secondary activity is paid for. The employer can prohibit the secondary activity or impose conditions.
Remuneration
Employees in the public sector receive a monthly salary as a direct equivalent for their work. Employees, on the other hand, are paid according to the alimentation principle . The amount is determined by the pay group in which they are grouped and the level applicable to them. The grouping in a pay group is based on the work characteristics specified in the collective agreement. Basically there are pay groups 1 to 15 and six levels. The first two levels are part of the basic salary, levels 3 to 6 are development levels. If there is no relevant professional experience, the employees are assigned to level 1 when they are hired.
The employees in the TVöD area reach the next level after the following periods of uninterrupted activity within the same pay group with their employer (level duration):
| step | Tier running times in years |
Years until the next level up |
|---|---|---|
| 1 | 1 | 1 |
| 2 | 3 | 2 |
| 3 | 5 | 3 |
| 4th | 9 | 4th |
| 5 | 14th | 5 |
| 6th | from 15 | - |
If the employee performs well above or below the average, the time required to reach levels 4 to 6 can be shortened or lengthened. A performance fee can be paid as variable and performance-related payment in addition to the table fee. A family allowance, as is the case with persons in employment, is not granted.
Unlike people in employment, employees receive a special annual payment . In addition, they are fundamentally entitled to capital-building benefits .
Deductions from the gross salary
Employees generally only have wage tax and solidarity surcharge as deductions from their gross wages. In addition, they have to take out private long-term care insurance and usually take out private residual cost insurance for the medical costs that the allowance does not cover. Public service employees, on the other hand, are regularly subject to full social security contributions . From their gross wages, in addition to wage tax and the solidarity surcharge, they also pay the employee's share for statutory health , long-term care , pension and unemployment insurance . In addition, they are compulsorily insured in a supplementary pension fund, for which they have to pay contributions. Therefore, their net is much lower compared to people in employment.
care
Public service workers are not entitled to benefits like people in an employment relationship. You will receive a pension from the statutory pension insurance, e.g. B. due to age, reduced earning capacity or death (widow's / orphan's pension). In the statutory accident insurance in Germany workers are compulsorily insured. It grants benefits according to the Seventh Book of the Social Security Code z. B. due to accidents at work and occupational diseases . The employer pays the contributions alone.
wrongdoing
Employees in the public service, unlike persons in an employment relationship, are not subject to any public disciplinary law . The employer can punish behavior contrary to the employment contract with disciplinary measures under private law . This includes, for example, the warning . In the case of serious or repeated culpable behavior that is in breach of the employment contract, a behavior-related termination may be necessary. Labor disputes lead to labor jurisdiction . For all legal actions by civil servants and soldiers from the civil service or military service relationship , however, the administrative legal process is available ( Section 126 (1) BBG ; Section 82 (1) SG ).
Ascent
There is no system of career paths for employees as there is for civil servants and soldiers. If an employee does not only temporarily take on activities that correspond to the job characteristics of a higher salary group, he is to be classified higher. The employee can request a review of his classifications.
employment contract
The employment contract is subject to the rules of German labor law . Since the collective agreements in the public service contain far-reaching regulations, the individual employment contracts are often kept very short. They refer to the collective agreement regulations. At a minimum, however, it includes whether the employment relationship is open-ended or for a specific period of time, whether the employee is hired full-time or part-time with what proportion of the working time, and if applicable, whether the employment relationship is subject to the regulations of the West or East tariff area and the duration of the probationary period (usually six months), the pay group and whether any ancillary agreements have been made.
Collective agreement
The collective agreements in the public service stipulate the essential working conditions such as pay, working hours and vacation.
The collective agreement for the public service (TVöD) exists for employees in the service of the federal government and the municipalities, the collective agreement for the public service of the federal states (TV-L) for employees in the federal states (except Hesse ) and for state employees Hessen the collective agreement Hessen (TV-H). For some areas of the public service such as the Deutsche Bundesbank and the Federal Employment Agency, there are separate collective agreements.
history
Historically, a distinction was made in the public service between workers with predominantly physical activities and employees with predominantly intellectual work.
For workers of the federal and state governments, the collective collective agreement for federal workers (MTB II) and the collective collective agreement for federal workers (MTL II) applied from April 1, 1964 to February 29, 1996 . From March 1, 1996 to October 31, 2006, the collective wage agreement for workers of the federal and state governments was in effect . From April 1, 1962 to September 30, 2005, the federal collective bargaining agreement for workers in communal administrations and companies (BMT-G II) was in effect for workers in the communes .
The Federal Employees' Collective Agreement (BAT) applied to all employees in the public sector from April 1, 1961. It replaced collective bargaining A for salaried employees (TO.A).
Special collective agreements with reduced pay (BAT-O, MT-Arb-O, BMT-GO) were in place for the new federal states .
The aforementioned collective agreements were replaced by the TVöD on October 1, 2005 for the federal and local government, and on November 1, 2006 for the federal states by the TV-L . The distinction between blue-collar and salaried employees in the German public service was no longer necessary. A separate collective agreement, the TV-H , has been in force in the state of Hesse since January 1, 2010 .
Advocacy groups
The representation of the interests of the employees takes place in the public service in the employee representatives according to the employee representation laws . You choose candidates separately from those in an employment relationship.
A major union that represents the interests of public service workers is the United Services Union . There are also numerous individual trade unions within the DBB Beamtenbund and collective bargaining union .
literature
- Jörg Bredemeier among others: TVöD / TV-L: collective agreements for the public service . 5th edition. CH Beck , 2017, ISBN 978-3-406-69898-9 .
- Beatrix Jansen, Michael Kawik, Alexander Block: Employees in the public service I: Basics of the employment relationship . 2nd Edition. R. v. Decker , Heidelberg 2019, ISBN 978-3-7685-0554-3 .
Web links
- Employees. In: Federal Government .
- Collective agreements, models of employment contracts and other forms for the collective agreement for the public service (TVöD). In: Federal Ministry of the Interior, for Building and Home .
- Information pages for the public service. In: oeffentlicher-dienst.info. (with information on collective bargaining agreements and pay tables and calculators).
References and comments
- ↑ a b Public Service Personnel, Special Series 14 Series 6. (PDF) In: Federal Statistical Office . 2018, accessed on November 8, 2019 (Table 2.1 - p. 25).
- ↑ a b Public Service Personnel, Special Series 14 Series 6. (PDF) In: Federal Statistical Office . 2017, accessed on November 8, 2019 (Table 2.1 - p. 25).
- ↑ Social insurance including the Federal Employment Agency ; without officials of the postal successor companies; Workers, including official staff
- ↑ Regular weekly working hours for civil servants in the federal and state governments. (PDF) In: dbb.de. May 2019, accessed November 8, 2019 .
- ↑ Model employment contract TVöD hiring for an indefinite period (male). (docx) In: bmi.bund.de. Retrieved November 8, 2019 .