Improvement prohibition
The prohibition of betterment stipulates that recipients of benefits may not remunerate their employees better than comparable employees of the grantor, which often corresponds to remuneration under the collective bargaining agreement for the public service . Corresponding regulations can be found in the general ancillary provisions of the respective grant notices and are based on administrative provisions relating to Section 44 of the harmonized budgetary regulations of the Federation and the Länder (e.g. Section 44 Federal Budget Code ).
The prohibition of betterment applies in principle to recipients of institutional funding , to recipients of project funding only if the total expenditure of the recipient of the grant is largely covered by government grants. It is specified for the administration in the budget law passed annually (e.g. § 8 Paragraph 2 Budget Law 2012 ) and is derived from the subsidiarity principle . This legal norm only binds the administration; For the recipient of the grant, it only becomes part of the approval notice and is therefore binding once the applicable general ancillary provision is appropriately integrated.
Individual evidence
- ↑ No. 1.3 General ancillary provisions for grants for institutional funding (ANBest-I) ( Memento of the original from April 24, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. : "The grant recipient may not position his employees better than comparable federal employees."
- ↑ No. 1.3 General ancillary provisions for grants for project funding (ANBest-P) ( Memento of the original from April 24, 2014 in the Internet Archive ) Info: The archive link has been inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. : "the total expenditure of the recipient of the grant is financed mainly from government grants"
