In grade in have Germany officials (except honorary officers ), soldiers and professional judges claim ( " grade recipient "; § 3 para 1 sentence 1. BBesG ). For grade include a salary base salary, performance bonuses (for faculty), the family allowance, bonuses, allowances and foreign grade as well as other benefits the candidates references and the capital accumulation benefits ( § 2 para. 2 f BBesG ). The salary is generally paid monthly in advance ( Section 3 (4 ) BBesG ) and regulated by law.
The salary in active employment is - in addition to the provision in retirement (retirement pension), in the event of illness ( medical care or allowance ), in the event of incapacity and the survivor's pension - an essential part of the alimentation principle . This is constitutionally protected as a traditional principle of the professional civil service in Article 33, Paragraph 5 of the Basic Law . In return, the civil servant has a duty of loyalty. The net salary that exceeds the subsistence level under social welfare law by at least 15 percent is appropriate to the office .
The federation has the exclusive legislation on those in a public service and loyalty relationship in the federal service to persons in the service of the federal corporations under public law ( Art. 73.1 No. 8 GG ). This also includes salary. The salary at federal level is regulated in the Federal Salary Act (BBesG). The “General Administrative Regulations for the Federal Salary Act ” ( BBesGVwV ) provide information on how to apply the law uniformly.
Professional and temporary soldiers are paid according to the Federal Salary Act. Soldiers who do military service in accordance with the Conscription Act (in the event of tension and defense ), voluntary military service in accordance with Section 58b of the Soldiers Act or a military exercise in accordance with Section Four of the Soldiers Act receive monetary and non-cash benefits in accordance with the Military Wages Act (WSG).
Salary recipients are generally entitled to a pension when they retire or when they are transferred .
If a salary recipient receives remuneration in kind, this will be offset against the salary with an appropriate amount, taking into account their economic value ( Section 10 BBesG ). This can, for example, concern accommodation and meals; Uniform and equipment mostly not.
Performance-related remuneration elements are the performance level ( Section 27 (6 ) BBesG ), the performance bonus and the performance bonus ( Section 42a BBesG ), but not the performance remuneration ( Section 2 (1) BLBV ). Details are regulated in the Federal Performance Remuneration Ordinance.
The salary is regularly adjusted by law according to the development of the general economic and financial situation and taking into account the responsibility associated with the official duties ( § 14 BBesG ). To create a pension reserve , the adjustments will be reduced by 0.2 percent by the end of 2024 (previously by 2017) ( Section 14a BBesG ).
Employees in the public sector do not receive a salary, but a remuneration , mostly on the basis of a collective agreement (e.g. TVöD , TV-L ). The statutory salary adjustments are regularly based on the collective bargaining agreements.
The remuneration consists of the basic salary, the performance remuneration (for university teachers), the family allowance, allowances, remuneration and the foreign salary.
The basic salary of the salaried person is determined according to the salary group of the office conferred on them in the legal sense of the status ( § 19 Abs. 1 S. 1 BBesG ).
The offices (with their official titles ) as well as ranks and their salary groups are regulated in salary regulations (in the federal government: federal salary regulations). The offices and ranks are assigned to the salary groups according to their value ( Section 20 (1) BBesG ). There are basically four salary regulations:
- Salary regulations A (civil servants in the simple , middle , upper and higher service, soldiers up to and including colonel (if not B 3), municipal electoral officers in smaller communities )
- Salary regulations B (special posts in the higher service, e.g. heads of large authorities or heads of departments in ministries or particularly large middle or higher authorities , in some cases directors of schools with more than 1000 students, in the case of soldiers generals and colonels in prominent positions , municipal electoral officials , bishops of both denominations as state officials)
- Salary regulations R ( judges and public prosecutors )
- Salary regulations W ( university lecturers , including university directors, since 2005, before that federal salary regulations C )
The basic salary is generally based on levels (also called " experience levels ") ( Section 27 (1) sentence 1 BBesG ). The advancement to the next higher level takes place after certain periods of service in which the requirements-based services were provided (experience periods; Section 27 (1) sentence 2 BBesG ; Section 32a (1) sentence 1 BBesG ). In the case of promotions, the previously reached level is retained, for example an official is promoted from grade A 10, level 3 to salary group A 11, level 3. This practice differs from that of other public service workers who are downgraded in the event of promotions. The salary of the highest level (A 3 to A 16 as well as R 1 and R 2: level 8, W 2 and W 3: level 3) of a salary group is the final basic salary .
With the first appointment with entitlement to salary, i. H. not yet as a civil servant on revocation in the preparatory service, a basic salary of level 1 is usually set ( Section 27 (2) sentence 1 BBesG ). Periods that can be taken into account are recognized or can be recognized as periods of experience, for example equivalent full-time activities that are not a prerequisite for acquiring a career qualification , as well as periods in professional military service as a professional soldier or temporary soldier ( Section 28 BBesG ). Sufficient allowable times increase the level to be determined accordingly.
The salaries for grades R 3 to R 10 are fixed salaries without any level adjustment (since January 1, 2020, grade R 1 has been omitted or R 4 is not occupied). The salary group W 1 and all offices of the federal salary regulation B also receive fixed salaries.
In the case of long-term outstanding performance, civil servants and soldiers with federal salary regulations A can be paid the basic salary of the next higher level for the period until they reach the next level (performance level; Section 27 (6 ) BBesG ). It may be paid to a maximum of 15 percent of the salary recipients.
|Years until the
next level up
|1||up to 2||2|
Regulation until June 30, 2009
Up to June 30, 2009, reaching the next higher level did not depend on " experience " (" experience levels ") gained in service , but on the seniority of the salary . This was based on the age of the civil servant and not on the years of service acquired in civil service. The salary period was counted from the beginning of the month in which the civil servant, soldier, judge or university professor had reached the age of 21 (i.e. celebrated his 21st birthday) - even if he had actually entered civil service years later.
In the salary regulations A and C, the " seniority level 2 " following the " seniority level 1 " was achieved upon reaching the age of 23, in the salary regulation R at 27 years. The seniority levels in salary regulations C and R have been adjusted every two years. This also applied to a certain extent in salary order A, whereby from the age of 29 the next level was only reached every 3 years and from the age of 41 every 4 years. The final basic salary was reached at 49 years of age in the C and R pay scales, and 53 years in the A grade.
The regulation was finally assessed as age-discriminatory by the highest jurisprudence, as it discriminated against civil servants who were younger in terms of age. This was particularly evident in the case of new hires: when the basic office was awarded, old and young civil servants were assigned the same salary group, but older civil servants automatically received a higher seniority level and thus a higher salary than their younger colleagues. This was true even if they all belonged to the same training year and were hired on the same date.
In the case of upcoming promotions, however, long seniority was less relevant than seniority. Younger civil servants, etc., with a high number of years of service in the civil service, had a greater right to promotion than colleagues who were older but were younger.
The " experience times " introduced from July 2009 ended the one-sided financial preference of the "late entrants", but they did not improve the financial situation of younger civil servants. Compared to the previous regulation, “late entrants” now have to accept financial losses for many years until they reach the highest level of experience, which is not guaranteed. Until 2009, however, all members of the same age cohort within a salary group were treated equally in terms of salary, regardless of seniority. From the age of 53 at the latest, “late entrants” also began enjoying the final basic salary . Since 2009 they have been threatened with lower retirement benefits due to the lack of " experience " at the time of retirement . Nonetheless, civil servants “late entrants ” are generally better off with regard to their old-age provision as recipients of a retirement pension than public sector employees who “entered” late and who “only” have to expect the statutory old-age pension in retirement .
The so-called salary tables are an annex to the salary laws. In the Federal Salary Act, the basic salaries can be found in Appendix IV .
|A.||2301.21||2954.88||A 3 to A 6 - simple duty , teams|
|2417.74||3754.27||A 6 to A 9 - Middle service , NCOs with and without portepee|
|2897.87||5731.19||A 9 to A 13 - High service , lieutenants and captains|
|4457.62||7841.28||A 13 to A 16 - Higher service , staff officers|
|B.||7038.72||14,808.25||B 1 to B 11 - Higher Service , Generals|
|R.||5416.70||7872.60||R 2 - judges and prosecutors|
|8658.13||14,808.25||R 3 to R 10 - judges and prosecutors|
|W.||4898.68||7756.53||W 1 to W 3 - professors|
In salary groups W 2 and W 3, in addition to the basic salary granted as a minimum, variable performance payments are awarded ( Section 33 (1) BBesG ). They do not count as performance-related pay.
A family allowance is part of the salary, which is intended to ensure approximately the same living conditions for salaried recipients regardless of the number of children. It belongs to the constitutionally anchored principle of alimony.
A family allowance of stage 1 will be granted if the grade receiver married , widowed or divorced with maintenance obligations is or one to be considered child has, d. H. he has not only taken it in temporarily in his home and is entitled to child benefit ( Section 40 (1) BBesG ). Level 1 is € 147.78 per month in the federal sector for all salary groups.
Stage 2 of the family allowance is granted if the salary recipient is married, widowed or divorced with maintenance obligations and has a child to be taken into account ( Section 40 (2 ) BBesG ). The level of level 2 in the federal area is basically 274.10 euros per month, in grades A 3 to A 5 it increases by 5.37 euros per month.
For the second child to be taken into account, the family allowance of the respective level increases by 126.32 euros per month, for the third and each additional child to be taken into account by 393.57 euros per month. The family allowance of level 2 increases for the second and each additional child to be taken into account in grade A 3 by 26.84 euros per month, in grade A 4 by 21.47 euros per month and in grade A 5 by 16, 10 euros per month ( Annex V BBesG ; as of April 1, 2019). The family allowance for married wage earners with two children is also called level 3, with three children level 4, etc.
The family allowance is paid for the entire month if the eligibility requirements were met on at least one day of this month ( Section 41, sentence 1 f. BBesG ). If the entitlement to salary has not existed for the whole month, the family allowance is only paid proportionally, e.g. B. when hiring not on the first of the month. According to § 3 No. 11 sentence 2 EStG it is taxable in full.
Until 1997, the family allowance was called the local allowance , although in 1971 the regional differentiation through local classes as part of the local allowance had ceased to exist. Historically, the grades with the higher basic salary received a higher local allowance, whereas today the same family allowance is largely paid regardless of the grade - with a slight increase for lower grades.
Until 2005, employees in the public sector also received family-related remuneration components; thereafter, there was still a transitional regulation for existing employees.
As allowances are u. a. grants official and position allowances ( § 42 BBesG ), bonuses and allowances for special achievements, performance allowances ( § 42a BBesG ), allowances for the performance of temporary functions ( § 45 BBesG ), allowances for special difficulties ( § 47 BBesG ), compensatory allowances for the absence of job allowances ( § 13 BBesG ), the research and teaching allowance ( § 35 BBesG ), the Bundesbank allowance ( § 2 BBankPersV ), the transfer allowance ( Art. IX § 11 BesVNG ) and the other allowances according to III. Section of the preliminary remarks on Annex I BBesG (allowance for chancellors at large embassies , allowance for officials of the Federal Criminal Police Office , allowance for officials at the headquarters of the Federal Employment Agency ).
The amount of the official and position allowances under the Federal Salary Act is based on its Annex IX .
Official allowances can be provided for prominent functions. In principle, they may not exceed 75 percent of the difference between the final basic salary of the salary group and the final basic salary of the next higher salary group. Official allowances can serve to differentiate between the grades and de facto form intermediate grades. The official allowances are irrevocable, pensionable and count as part of the basic salary ( § 42 Abs. 2 BBesG ).
Entertainment allowances always obtained as a lance corporal , Upper Corporal , Sergeant , Chief Petty Officer , Sergeant , hauptbootsmann , midshipman , Midshipman , Sergeant Major and Senior Staff boatman . The rank of staff corporal , which is provided for in the federal salary regulation A but has not yet been introduced in the Bundeswehr , also receives an official allowance. The mentioned ranks per se perceive a prominent position. Official allowances can for example be given to an office inspector and a police chief .
Job allowances are described in Section II of the preliminary remarks to Annex I BBesG . Their amount is based on Annex IV BBesG . BBesG . The job allowances may only be granted for the duration of the performance of the prominent function ( Section 42 (3) sentence 1 BBesG ). They are revocable and generally not pensionable. ( Section 42 (4 ) BBesG ).
For example, post allowances are granted to soldiers in military leadership functions ( company commander , platoon leader , squad leader , squad leader or equivalent), Kompaniefeldwebel well as officials and soldiers as flight technical personnel, in military air traffic control operational services, application management services and geo-information service of the Bundeswehr , in aeronautical use in aeronautical Prüfverwendung, with volunteer police duties , the Marine area, the fire brigade service as emergency physicians , as a specialist in the tax or customs administration .
A job allowance is also the so-called ministerial allowance, officially "allowance for civil servants and soldiers at the highest authorities and at the highest federal courts ", according to No. 7 of the preliminary remarks to Appendix 1 BBesG . By grade structures Modernization Act ( BesStMG ) the allowance is recognized from 1 March 2020 for the first time directly in the Federal Remuneration Act as an absolute number and ranges, depending on the grade, from 165.00 to 610.00 euros. As of January 1, 2020, allowance recipients are no longer excluded from temporary hardship allowances and overtime pay. Until February 29, 2020, the ministerial allowance is 12.5 percent of the respective final basic salary of the salary group, frozen at the status of 1975 ( Federal Law Gazette I p. 3091 ). This results in an allowance of 72.48 to 552.76 euros per month, depending on the grade.
At the state level, the ministerial allowance is only available in Bavaria ( Art. 51 Para. 1 No. 3 BayBesG ) in the amount of 129.40 euros and 528.31 euros ( Annex 7 BayBesG ; as of July 1, 2019).
Civil servants and soldiers of the federal intelligence services ( Federal Intelligence Service , Federal Office for the Protection of the Constitution , Military Counter-Intelligence Service ) receive an intelligence service allowance ( No. 8 of the preliminary remarks to Annex I BBesG), which is also paid to employees. From 2020 it will be 150.00 euros up to grade A 5, 200.00 euros for grades A 6 to A 9, 250.00 euros for grades A 10 to A 13 and 300.00 euros for grade A 14 and higher . Up to 2019 it was EUR 120.80 up to grade A 5, EUR 161.06 in grades A 6 to A 9 and EUR 201.32 in grade A 10 and higher. From 2020, the granting of overtime pay and the allowance for service at unfavorable times through the intelligence service allowance will no longer be excluded. Whether and to what extent civil servants and employees of state authorities for the protection of the constitution receive a position allowance for their work in the protection of the constitution depends on the respective state salary laws.
Performance bonuses and allowances
Performance bonuses (one-off payments) and performance bonuses can be paid to civil servants (including public prosecutors ) and soldiers as well as to judges who do not exercise their office and serve to compensate for outstanding special achievements ( Section 42a (1) BBesG ). They are limited to the extent that performance bonuses must generally not exceed the initial basic salary of the salary group of the salaried recipient and performance bonuses per month not exceeding seven percent of the initial basic salary ( Section 42a (2) sentence 6 BBesG ). The total number of performance bonuses and bonuses awarded to an employer in a calendar year must not exceed 15 percent of the number of salaried employees available to the employer ( Section 42a (2) sentence 1 BBesG ).
Performance bonuses and allowances are not pensionable; repeated approvals are possible ( Section 42a (2) sentence 4 BBesG ). The payment of performance bonuses must be limited in time and in the event of a decline in performance they must be revoked for the future ( Section 42a (2) sentence 5 BBesG ; Section 5 (1) sentence 4 BLBV ).
Performance bonuses should be closely related to the performance and are granted as a one-off payment, the amount of which is based on the performance provided ( Section 4 BLBV ). Performance bonuses are used to recognize an outstanding special performance that has already been performed over a period of at least three months and is also expected for the future. At the same time, it is an incentive to continue providing this service in the future. The performance bonus can be granted retrospectively for up to three months. ( Section 5 (1) BLBV ). The amount and the duration of the grant are to be measured according to the service provided ( Section 5 (2 ) BLBV ).
Performance bonuses and allowances can be granted to several salaried recipients due to a significant participation in a service rendered through close cooperation in the division of labor (team regulation; Section 7 (1) BLBV ).
The allocation budget for the respective performance payment instruments corresponds to at least 0.3 percent of the expenditure for the remuneration of the previous year in the respective household. In the federal budget , centrally estimated funds of EUR 31 million are made available annually. The allocation budget is to be used appropriately and paid out in full annually ( Section 42a (4 ) BBesG ).
For officials at the successor companies which applies PNU-premium and -zulagenverordnung . Collective bargaining employees can receive a performance fee, e.g. B. according to § 18 TVöD received.
For the allowances for particular difficulties, the federal government has issued the Difficulty Allowance Ordinance ( EZulV ). The hardship allowances include, among other things, allowances for service at unfavorable times ( Section 2, Title 1 EZulV), diving activities, handling ammunition and explosives, work on antennas and antenna carriers, climate testing, vacuum chamber service, service at different times, use in bunkered facilities and For specialized and special forces in the Bundeswehr ( special forces command , combat swimmers ).
As an allowance for special missions, officials and soldiers of the federal intelligence services are given when they are employed in an observation group, during an operational activity for covert information gathering in the field service (only officials) or with direct contact to persons of intelligence interest (only officials) or as predominantly Operational technicians deployed in the field for covert operational and investigative support per month 188 euros ( § 22 ) EZulV . Until December 31, 2019, this only applied to observers or operational technicians who were mainly employed in the field.
Remuneration is part of the salary. These include, for example, overtime pay for civil servants ( § 48 BBesG ) and soldiers ( § 50 SG ), the remuneration for civil servants for enforcement service of the financial administration ( § 49 BBesG ; Execution Remuneration Ordinance ), the remuneration of soldiers with a special time burden ( § 50a BBesG ), the remuneration for standby duty and on call in the medical service in Bundeswehr hospitals ( § 50b BBesG ) and other payments.
For the remuneration of officially ordered or approved overtime of more than five hours a month ( § 88 S. 2 BBG or § 30c Abs. 2 S. 2 SG ), the federal government has the Federal Overtime Compensation Ordinance ( BMVergV ) for civil servants and the Soldiers Overtime Compensation Ordinance ( SMVergV ) issued for soldiers. In the salary groups A 9 to A 12, the remuneration is, for example, 21.60 euros per hour ( Section 4 (1) No. 3 BMVergV or Section 3 No. 3 BMVergV; as of November 8, 2018). The remuneration is usually only granted if time compensation is not possible.
Still other remuneration, remuneration for outside activities are granted in the public service, for example for appraisers - teaching - teaching - lecture - or audit activities. Regulations for this are made in the Federal Secondary Employment Ordinance ( BNV ).
Other allowances include relocation and travel allowances as well as separation allowances . These are also called ancillary fees.
Salary recipients receive relocation allowance as reimbursement of expenses due to a change of residence for business reasons. In the federal public service that applies Federal Relocation Expenses Act ( BUKG ). The remuneration for moving costs includes transport expenses ( Section 6 BUKG), travel expenses ( Section 7 BUKG), rent compensation ( Section 8 BUKG), other expenses ( Section 9 BUKG), a flat-rate fee for other moving expenses ( Section 10 BUKG) as well as remuneration in special cases ( Section 11 BUKG ).
As travel expense reimbursement, in the federal service according to the Federal Travel Expenses Act ( BRKG ), salary recipients receive travel and flight expenses reimbursement ( Section 4 BRKG), mileage allowance ( Section 5 BRKG), daily allowance ( Section 6 BRKG), accommodation allowance ( Section 7 BRKG), reimbursement of expenses for longer stays on Place of business ( Section 8 BRKG), expense and flat-rate remuneration ( Section 9 BRKG) as well as reimbursement of other costs ( Section 10 BRKG).
As severance pay, in the public sector after the separation allowance Regulation ( TGV ), is granted the foreign remaining separation travel allowance ( § 3 para. 1 sentence 1 TGV) Separation daily allowance ( § 3 para. 3 TGV), separation accommodation allowance ( § 3 para. 4 TGV) and Travel allowance for journeys home ( § 5 TGV) as well as reimbursement of travel costs for daily return to the place of residence, mileage or transport allowance ( § 6 para. 1 TGV) and a meal allowance of 2.05 euros per working day if the necessary absence from the home is more than eleven hours is ( § 6 Abs. 2 TGV).
On the occasion of transfers, secondments, transfers and similar measures from Germany to abroad, abroad and from abroad to Germany, separation payments from abroad are granted in accordance with the Foreign Separation Fund Ordinance ( ATGV ).
For employees according to TVöD and TV-L , the provisions for civil servants on travel and relocation costs as well as separation allowances apply accordingly (Section 44 TVöD; Section 23 (4) TV-L).
The foreign salary according to Section 5 of the Federal Salary Act includes the foreign service salaries (foreign surcharge and rental cost subsidy), the foreign use surcharge and the foreign obligation premium.
Foreign service salaries
Pay abroad is paid if you have your official and actual place of residence abroad (foreign place of employment), which does not serve an activity in cross-border traffic or a special use abroad (general use abroad; Section 52 (1) sentence 1 BBesG ). The foreign surcharge applies to additional material expenditure as well as general and place-related immaterial burdens for general use abroad ( Section 53 (1) sentence 1 BBesG ). In the Foreign Surcharge Ordinance ( AuslZuschlV ), foreign places of employment where there are diplomatic, consular or other representations of the Federal Republic of Germany are assigned to 20 zone levels (place of employment zones) ( Annex 1 AuslZuschlV). Other places of work, mainly Bundeswehr locations abroad , are listed in Annex 2 AuslZuschlV. Otherwise, the assignment is based on the administrative district of the German representation in which the place of employment is located. Kabul , for example, is assigned to the highest zone level 20, The Hague to zone level 1. The amount of the allowance, graded according to the 20 zone level and 15 basic salary ranges, is given in Annex VI , Table VI.1 BBesG . It ranges from 798.93 euros to 6057.49 euros (as of March 1, 2020). The amount increases by 40 percent for the first person who can be considered in addition to the salary recipient ( Section 53 (2) sentence 2 BBesG). For all other eligible persons, a surcharge according to Annex VI, Table VI.2 BBesG is paid ( § 53 Paragraph 2 Sentence 3 BBesG).
A surcharge on top of the foreign surcharge can be paid ( Section 53 (1 ) sentence 5 BBesG in conjunction with Section 2 AuslZuschlV). The maximum rate is 700 euros if the place of employment is directly and currently affected by an armed conflict and the recipient of foreign service payments is specifically endangered, for example, by fighting, air strikes or rocket fire ( Section 2 (1) No. 4 AuslZuschlV).
The rent subsidy of 90 percent of the additional amount is granted if the rent for the empty living space recognized as necessary (eligible rent) is 18 percent of the total of the basic salary, level 1 family allowance, official, job, compensation and transition allowances with exception the purchasing power equalization (relevant remuneration) exceeds ( § 54 Abs. 1 S. 2 f. BBesG ). If the rent burden for civil servants and soldiers in grades A 3 to A 8 is more than 20 percent or for civil servants and soldiers in grades A 9 and higher, as well as more than 22 percent of the relevant remuneration for judges, the full additional amount is granted as a rent subsidy. the remuneration according to sentence 1, the full additional amount will be reimbursed as a rent subsidy ( Section 54 Paragraph 1 Sentence 3 BBesG ).
The Federal Foreign Office has drawn up a rental guide for the purpose of determining the necessary recognized empty living space . and the German Armed Forces have also provided explanations in their information packages on moves abroad.
Purchasing power compensation
A post adjustment is granted if at a general use abroad, the purchasing power of salaries in the foreign employment is not the purchasing power of salaries at the seat of the federal government equivalent ( § 55 para. 1 sentence 1 BBesG ).
Foreign use surcharge
Foreign use surcharge (AVZ) is paid to compensate for material additional expenses and immaterial burdens ( § 2 AuslVZV) when used abroad or outside of German territory on ships or in aircraft, provided they are part of a humanitarian and supportive measure based on an agreement , a contract or an agreement with a supranational or intergovernmental body takes place ( Section 56 (1) sentence 1 BBesG ). These uses are called "special uses abroad". A decision by the federal government is generally not required for operations by the technical relief organization abroad ( Section 1 THWG ), for humanitarian aid services and assistance by the armed forces ( Section 2 (2 ) sentence 3 ParlBG ) and other measures by the armed forces ( Section 56 (1) S. 2 BBesG ).
The amount and levels of the foreign use surcharge are regulated in the Foreign Use Surcharge Ordinance ( AuslVZV ) and depend on the individual hazards in the area of operation. It is only paid regularly when used in an association , unit or group as well as in individual police service ( § 1 AuslVZV) and comprises six levels.
The lowest level is 48 euros per day, the sixth and highest level 145 euros per day ( Section 3 (1) AuslVZV). Up to December 31, 2019, the value was 30 euros in level 1 and 110 euros in level 6.If the assignment abroad lasts less than 15 days, the next lower level can be paid out ( Section 56 (2 ) sentence 5 BBesG ).
According to a ruling by the Federal Court of Justice, the foreign use surcharge can only be included in maintenance claims to a very limited extent . The proportion that may be taken into account depends on the individual case.
Overseas commitment bonus
A foreign obligation premium can be granted within the framework of police cooperation if, in the case of special uses within a country that is assigned to the highest level of the foreign use surcharge (extreme burdens), due to the coincidence of payments from third parties and claims under German law for additional material expenses and intangible burdens as well as different foreign-related total services are granted for travel expenses , with an obligation to use for at least six months in use with the lower foreign-related total service ( § 57 para. 1 sentence 1 BBesG ).
Special payments are, for example, the so-called Christmas bonus and vacation bonus . The Christmas bonus in the federal government was integrated into the monthly basic salary with the Service Law Reform Act 2009 ( Federal Law Gazette I p. 160 ). In some countries, special payments are still granted.
In addition to the salary, the remuneration for candidates and the capital-forming benefits are "other payments" .
Civil servants receive candidate payments upon revocation in the preparatory service ( candidates ). They are not part of the salary . The candidate remuneration includes the basic candidate amount, the additional candidate amount and the candidate special surcharges ( Section 59 (1) sentence 1 BBesG ). In addition, the family allowance and capital-building benefits are granted. Candidates are generally not granted allowances or remuneration ( Section 59 (2 ) BBesG ).
The basic amount for candidates in the federal service is based on Annex VIII BBesG . Special surcharges for aspirants up to a maximum of 100 percent of the basic amount can be granted if there is a significant shortage of qualified applicants ( Section 63 (1) BBesG ).
As a result of the Salary Structure Modernization Act ( BesStMG ), the basic candidate amount from March 1, 2020 for candidates for the careers of the middle service is 1268.99 euros, the higher service 1511.86 euros and the higher service 2317.52 euros. [outdated]
As of January 1, 2020, a "candidate increase amount " ( § 62 BBesG) in the amount of 10 percent of the basic amount for candidates whose admission to the preparatory service the passing of the extended security check with security investigations ("Ü 3") according to § 10 No. 3 Security Review Act was introduced (SÜG) required. This applies to candidates in the preparatory service with the federal intelligence services (especially the Federal Office for the Protection of the Constitution and the Federal Intelligence Service ; the military counterintelligence service has not set up a specialist preparatory service) as well as in the telecommunications and electronic reconnaissance of the federal government. The candidate increase amount is intended to compensate for existing peculiarities for candidates who, however, are not entitled to a position allowance for civil servants in the intelligence services or as civil servants in telecommunications and electronic reconnaissance ( No. 8 and No. 8a of the preliminary remarks to Annex I BBesG) .
If the civil service relationship of a candidate ends with the passing or final failure of the career test, the candidate allowance and the family allowance will continue to be granted for the period after taking the examination until the end of the current month, provided that there is no entitlement to compensation from a full-time activity before this point in time is acquired from a public law employer ( § 60 BBesG ). If applicants receive remuneration for a secondary job within or for a secondary job outside the public service that requires approval, the remuneration will be offset against the remuneration of the candidates, insofar as it exceeds this. However, at least 30 percent of the starting basic salary of the starting salary group of the career is granted as the basic candidate amount ( Section 65 (1) BBesG ). The basic amount can be reduced to 30 percent of the basic salary to which a civil servant of the corresponding career is entitled in the first level, if the candidate has not passed the prescribed career test or the training is delayed for a reason for which the candidate is responsible.
capital accumulation benefits
In principle, salaried recipients receive an amount of 6.65 euros per month for capital-forming benefits according to the Fifth Asset Creation Act, provided they make a corresponding investment. The legal basis is the law on capital formation payments for civil servants, judges, professional soldiers and temporary soldiers . The capital-forming benefits are the only part of the statutory salary that a salary recipient can wholly or partially waive ( Section 2 (3 ) BBesG ).
In the early years of the Federal Republic, the Reich salary regime continued to apply. Even there, increasing salaries were shown in the Reich salary order A and fixed salaries in the Reich salary order B. However, the salary of the soldiers was set in the Reich salary order C, that of the university lecturer in the Reich salary order H. Another difference was that numerically lower grades included higher basic salaries, the opposite of today.
The Federal Salary Act came into force on April 1, 1957. On March 19, 1971, the federal government acquired competing legislative powers over the salaries of civil servants and judges through an amendment to the Basic Law ( Article 74a, Paragraph 1 of the Basic Law in the version of the 28th Act amending the Basic Law ; Federal Law Gazette I, p. 206 ) . Previously, the federal states had enacted their own salary laws, which led to different salary levels.
Between 1975 and 1978 the salary law was standardized and the Federal Salary Act (BBesG) was revised on May 23, 1975 ( Federal Law Gazette I, p. 2089 ). The federal states could define further official titles and assign these to the federal pay regulations, e.g. B. in Baden-Württemberg the "road master" or the "saddle master" of the main and state studs . The salaries of civil servants, soldiers and judges of the federal and state governments were basically uniform.
As part of the federalism reform in 2006, the legislative competence for salary, pension and career law for civil servants and judges of the states and their subordinate corporations , institutions and foundations under public law fell back to the states ( Federal Law Gazette I p. 2034 ; Art 74 Para. 1 No. 27 GG ) Federal law continued to apply to this group of people until the respective Land legislature has made deviating regulations ( Art. 125a Para. 1 GG ), which has now happened in all Laender. With the federal government reform, the federal government has received competing legislation on the status rights and obligations of civil servants in the states, municipalities and other bodies under public law as well as judges in the states ( Article 74, Paragraph 1, No. 27 of the Basic Law ). To this end, he passed the Civil Service Status Act ( BeamtStG ).
Among other things, there were the following former salary regulations:
- Salary regulations AH (scientific assistants / engineers, senior assistants / engineers at universities and doctors at university clinics; former state law in Baden-Württemberg)
- Salary regulations C (university professor, without university director, soldiers in the Reich salary regulations )
- Salary regulations H (university professor; state law and Reich salary regulations)
- 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 .
- Andreas Reich, Ulrike Preißler: Federal Salary Act. Comment . 1st edition. CH Beck, Munich 2014, ISBN 978-3-406-66148-8 .
- Salary. Federal Ministry of the Interior, Building and Home Affairs, accessed on February 10, 2019 .
- Text of the Federal Salary Act
- Federal Salary Act (BBesG) with a comparison of the changes
- Salary calculator and tables for EU, federal, state and local governments
- ↑ The article basically reflects the state of the federal salary law. Different regulations may exist in the countries.
- ^ Resolution of the Second Senate - 2 BvL 19/09 -, Rn. (1-170). In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , November 17, 2015, accessed on September 11, 2019 .
- ↑ Public Service Info , accessed June 24, 2020
- ↑ Public Service Info , accessed June 24, 2020
- ↑ Age discrimination of civil servants in terms of pay , accessed June 24, 2020
- ↑ a b c d e f Draft of a law for the modernization of the structures of the salary law and for the amendment of further employment law regulations (salary structure modernization law - BesStMG). In: http://dipbt.bundestag.de/ . Federal Council, August 9, 2019, accessed on September 13, 2019 .
- ↑ a b c Draft of an ordinance amending service ordinances on the occasion of the Salary Structure Modernization Act. Federal Ministry of the Interior, Building and Home Affairs, May 27, 2019, accessed on September 13, 2019 .
- ↑ Collective agreement on allowances for employees of the federal security services of June 21, 1977
- ↑ Guide to rent recognition. In: https://fragdenstaat.de/ . Federal Foreign Office, January 2016, accessed on 12 September 2019 .
- ↑ Information for international moves with full approval of the UKV with information on foreign salaries. (PDF) In: https://www.bundeswehr.de/ . BAIUDBw Competence Center Travel Management, August 21, 2019, accessed on September 12, 2019 .
- ↑ Heading decision VIII ZR 73/10. In: http://juris.bundesgerichtshof.de/ . Federal Court of Justice , April 18, 2012, accessed on September 12, 2019 .