Employer

Employer is the civil service designation for a legal person under public law that has the right to have civil servants . This right is also known as the ability to serve as an employer . The term employer corresponds to the employer in employment under private law.

Employer ability

The right to have civil servants is held by the federal government , states , municipalities and associations of municipalities , federal or other corporations , institutions and foundations under public law that have this right at the time this Federal Civil Servants Act (12 February 2009 [new version]) or the Civil Servants Status Act comes into force (April 1, 2009) or to whom it was subsequently awarded by federal or state law or on the basis of a law ( § 2 BBG ; § 2 BBG ).

The employer of the immediate federal civil servants is Germany , for direct state civil servants the respective country; not the respective employing agency. In the case of indirect civil servants, it is the respective public-law legal entity capable of serving as a employer , such as municipalities or municipal associations . The religious communities recognized as public corporations are also employers for their civil servants who are church officials .

Legal persons under public law in indirect administration with the capacity to serve as an employer include:

German Federal Pension Insurance ( Section 143 (1) SGB VI )

German pension insurance Knappschaft-Bahn-See ( Section 143 (1) SGB VI )

federally direct regional carriers of the statutory pension insurance ( Section 143 (1) SGB VI )

Accident insurance federal and railway ( § 148 Abs. 1 SGB VII )

Trade Association for the Transport Industry, Post-Logistics and Telecommunication ( Section 4 (1) sentence 1 BGVPLTErG)

the nine commercial trade associations ( Section 149 (new) in conjunction with Annex 1 SGB VII )

Transfer of employer powers

Employer powers can also be transferred to private companies in the context of privatizations . By Article 143b, Paragraph 3, Sentence 2 of the Basic Law (GG), the successor companies of the Deutsche Bundespost were granted employer powers. However, the officials at the postal successor companies - Deutsche Telekom , Deutsche Post AG and Deutsche Postbank - are still federal officials. ( Section 2 (3) of the Post Personnel Law Act (PostPersRG))

Acting through organs

Since the employer is by definition always a legal person, he acts through his organs . For federal civil servants, these are:

Supreme service authority , Section 3 (1) BBG
Supervisor , Section 3 Paragraph 2 BBG
Supervisor , Section 3 Paragraph 3 BBG