Federal Salary Act
Basic data | |
---|---|
Title: | Federal Salary Act |
Abbreviation: | BBesG |
Type: | Federal law |
Scope: | Federal Republic of Germany |
Issued on the basis of: | Art. 73 (1) no. 8 GG |
Legal matter: | Civil service law |
References : | 2032-1 |
Original version from: | July 27, 1957 ( BGBl. I p. 993 ) |
Entry into force on: | April 1, 1957 |
New announcement from: | June 19, 2009 ( BGBl. I p. 1434 ) |
Last revision from: | May 23, 1975 ( BGBl. I p. 1173 ) |
Entry into force of the new version on: |
predominantly July 1, 1975 |
Last change by: |
Art. 4 G of November 29, 2018 ( Federal Law Gazette I p. 2232, 2233 ) |
Effective date of the last change: |
January 1, 2019 (Art. 8 G of November 29, 2018) |
GESTA : | B024 |
Weblink: | Text of the law |
Please note the note on the applicable legal version. |
The Federal Salary Act regulates the salary for federal civil servants, federal judges, professional soldiers and temporary soldiers ( § 1 ) and - to a limited extent - the salaries of civil servants in the states of Berlin, Bremen, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia and Saarland.
Its predecessor was the Reich Salary Act of December 16, 1927 (RGBl. I p. 349).
Structure and content
The Federal Salary Act is divided into nine sections.
Section 1 (Sections 1–17b) contains general provisions on salary and pension reserves . Section 2, Paragraph 1 makes it clear that the salary is regulated by law, d. H. the legislature determines the level of the salary, not the individual departments. It is therefore inadmissible to provide individual civil servants, judges or soldiers with a higher salary by means of agreements or assurances ( Section 2 (2 )). Section 1 (2) and (3) stipulate that salary includes remuneration, candidate remuneration and capital-forming benefits. The salary includes the basic salary, performance payments for professors as well as full-time heads of universities and members of management bodies at universities, the family allowance, allowances, remuneration (e.g. for overtime) and the foreign salary.
Section 2 (§§ 18–38) regulates the basic salary for civil servants, judges, public prosecutors and professors at universities as well as performance payments at universities. Section 3 (sections 39–41) relates to the family allowance , section 4 (sections 42–51 ) relates to allowances , premiums , supplements and allowances. With the introduction of the BBesG, the previous structure of the grades changed, which were now staggered in ascending order from A 1 / B 1 / C 1 (lowest grades) to A 16 / B 11 / C 4 (highest grades). By March 31, 1957, the grades A 11 / B 10 / C 5b had mapped the entry levels, the grades A 1a / B 3a / C 1 the respective top positions.
The foreign salaries are set out in Section 5 (§§ 52-58). Section 6 (Sections 59–66) contains provisions on the remuneration of candidates . Section 7 contained provisions on special payments (Section 67) and capital-building benefits (Section 68). These provisions were repealed in 2009 by the Service Law Reform Act.
The regulations in Section 8 (§§ 69-70a) are the legal basis for the provision of uniforms and for medical care and accommodation for soldiers and law enforcement officers of the Federal Police. Section 9 (Sections 71–85) contains various transitional provisions.
According to Section 9, the Federal Salary Act closes with several annexes, the most important of which are the so-called federal salary regulations:
- Appendix I: Salary regulations A and B for civil servants and soldiers
- Appendix II Salary Regulations R for Judges and Public Prosecutors
- Annex III: Salary regulations W for university teachers
Changes to the Federal Salary Act
If the federal government wants to increase the salaries of its civil servants, judges, soldiers and university lecturers, it must change the relevant salary regulations. The Federal Salary Act and the associated salary regulations have therefore been changed many times since they came into force in 1957.
Ordinances on the Federal Salary Act
On the basis of the Federal Salary Act, the following legal ordinances were issued:
- Part-time early retirement surcharge ordinance of 23 August 2001 on the granting of a surcharge for partial retirement
- Care leave advance ordinance of July 18, 2013 on granting, offsetting and repayment of the advance payment for care leave and family care leave
- Federal Performance Remuneration Ordinance ( BLBV ) of July 23, 2009 on the granting of performance levels, performance bonuses and performance bonuses
- Difficulty Allowance Ordinance ( EZulV ) of April 26, 1976 to compensate for special difficulties not taken into account in the evaluation of the office or in the regulation of the salary of candidates
- Federal Overtime Compensation Ordinance ( BMVergV ) of April 26, 1972 on the granting of compensation for overtime
- Enforcement Remuneration Ordinance of 8 July 1976 on the granting of additional remuneration for bailiffs and enforcement officers
- Foreign surcharge ordinance of August 17, 2010 to compensate for extraordinary material additional expenses or immaterial burdens during foreign assignments
- Foreign use surcharge ordinance of 25 September 1995 on the granting of foreign use surcharges
inoperative since December 31, 2019:
- Limited ability to work surcharge ordinance of 6 December 2012 on the granting of a surcharge for limited capacity to work
The Federal Ministry of the Interior, Building and Home Affairs has also issued a general administrative regulation for the Federal Salary Act. It contains binding regulations as well as information and explanations on individual provisions of the law.
Validity in the countries
The Federal Salary Act that came into force in 1957 did not originally apply to civil servants in the federal states. In 1971, however, through an amendment to the Basic Law, the federal government took over the legislative competence for the entire civil servant salary law and standardized salaries in the federal, state and local governments. This principle of exclusive legislative competence of the federal government was abandoned in 2006 by the so-called federalism reform . Since then, the states have again been entitled to enact their own state salary laws.
Baden-Württemberg, Bavaria, Brandenburg, Hamburg, Hesse, Rhineland-Palatinate, Saxony, Saxony-Anhalt, Schleswig-Holstein and Thuringia have made extensive use of this option.
Berlin, Bremen, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia and Saarland have also issued their own state regulations. However, some of these still refer to the Federal Salary Act. The Federal Salary Act therefore continues to apply in the countries mentioned, but not in the current version, but in the version valid on August 31, 2006 (see Section 82 ).
literature
- Michael Dawin : BBesG - Commentary on the Federal Salary Act (= Dieter Kugele [Hrsg.]: Civil service law praxiskommentare . Volume 2 ). 1st edition. LexisNexis, Münster 2011, ISBN 978-3-89655-533-5 .
- 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 3 ). 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 .
- Martin Hillebrecht, Uta von Kiedrowski, Kerstin Löhr, Maik Polte, Kai Schollendorf, Stefan Werres: Federal and state salary law . Richard Boorberg Verlag, 2018, ISBN 978-3-415-02534-9 (5660 pages).
Web links
- Salary. Federal Ministry of the Interior, Building and Home Affairs, accessed on February 10, 2019 .
Individual evidence
- ↑ General administrative regulation for the Federal Salary Act (BBesGVwV) of June 14, 2017 ( GMBl. 2017 No. 25–28, p. 430)