Posts

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Service post is the specific office of an official , soldier and judge in the functional sense, i.e. H. the transfer of a special task group provided for in the organization and business distribution plan to a certain department , for example deputy commissariat manager K 5 at the Criminal Police Inspection (KPI) N. (A 11 – A 12) .

As a rule, the post is assigned to a specific salary group ( Section 18 sentence 1 BBesG ). If there is an objective reason for this, a post can also be assigned to several salary groups (post bundling in the area of ​​so-called "mass administration").

For an action brought by an official with the sole aim of that perceived by him post will be rated higher, the officials lack the corresponding § 42 para. 2 Code of Administrative Procedure required legal standing .

The post should not be confused with the post or position in the budget . In order to be able to use a specific civil servant for a specific activity, an appropriately valued post is required, which is backed by a post with the associated budgetary resources. In the budgetary "pot economy", the permanent positions are not assigned to specific posts. Rather, the employer leaves the posts made available by the budget legislator in the establishment plan in this “pot” and only accesses them on a case-by-case basis if he wants to carry out promotions .

Positions that cannot be filled will be marked with the addition kW for no longer applicable in the future . As a rule, these posts do not belong to the recognized personnel requirement and are usually established for social reasons. Posts that are occupied by an official of a different grade than corresponds to the evaluation of the post are marked with kU for future conversion .

Although no sovereign tasks are performed in the private sector , there are similar structures of responsibility and designations, such as B. Department Head .

Post-like construct (DPäK)

Soldiers and civilian employees of the Bundeswehr who do not occupy a regular post are managed on so-called “post-like constructs” (DPäK). In 2018 this affected 43,600 soldiers.

For soldiers in training , e.g. For example, at the Bundeswehr universities , the officers ' and non-commissioned officers' schools , 34,800 “DPäK pupils” posts are planned, of which around 33,400 were occupied in 2018. In the same year 5,900 soldiers were transferred to DPäK because they are entitled to exemption from military service for the purpose of professional development . This number is declining because employment relationships established from 2012 onwards are no longer eligible. 390 soldier sitting on DPäK because they due to a hardship or special care reasons one close to home use will allow an appropriate person for the regular post but was not available. For the perception of parental leave and care leave ( § 28 para. 5 SG ) were set up 1,700 DPäK in 2018. In the same year, in 900 cases organizational reasons and in 600 cases the inclusion in the protection period under the Deployment Re-Use Act were decisive for the transfer to DPäK.

Constructs similar to service posts are one reason for the high number of vacant posts in the Bundeswehr.

Web links

Individual evidence

  1. ↑ Post. In: http://www.dbb.de/ . dbbdbb beamtenbund and tarifunion , accessed on August 27, 2019 .
  2. ↑ decision - 3 CE 15.1604. In: http://www.gesetze-bayern.de/ . VGH Munich , September 29, 2015, accessed on August 27, 2019 .
  3. ↑ decision - 2 BvR 1958/13. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , December 16, 2015, accessed on August 27, 2019 .
  4. ↑ Press release No. 5/2016. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court , January 28, 2016, accessed on August 27, 2019 .
  5. ↑ Judgment - 2 A 2.14 - No legal standing against post evaluation. In: https://www.bverwg.de/ . Federal Administrative Court , October 20, 2016, accessed on August 27, 2019 .
  6. ↑ Frank Wieland: BVerwG on post evaluation of civil servants: complaint by BND civil servants inadmissible. In: http://www.lto.de/ . Legal Tribune Online , October 23, 2016, accessed August 27, 2019 .
  7. ↑ Judgment– 2 C 21.13. In: http://www.bverwg.de/ . Federal Administrative Court , September 25, 2014, accessed on August 27, 2019 .
  8. ↑ a b c Briefing by the Commissioner for the Armed Forces - Annual Report 2018 (60th report). In: http://dip21.bundestag.de/ . Defense Commissioner of the German Bundestag , January 29, 2019, accessed on September 7, 2019 .