Service law

from Wikipedia, the free encyclopedia

In Germany, service law refers to the legal matter that regulates the employment relationships of civil servants , soldiers , judges and other persons in public office (e.g. Federal President , Federal Chancellor , Federal Minister , Parliamentary State Secretaries ).

The service law is the special area of ​​law of a part of the natural persons of the public service . The service law belongs to public law and is part of the special administrative law .

Civil servants are in a public service and loyalty relationship with their employer , the civil servant relationship ( § 4 BBG , § 3 Paragraph 1 BBeamtG ). Soldiers are in military service; State and soldiers are linked to one another by mutual loyalty ( § 1 SG ). Judges are in a judicial relationship ( Section 8 third section DRiG ). The special service law of civil servants is called civil service law , that of soldiers is also called soldiers' law.

Legal sources

The basics of service law can be found in Article 33 of the Basic Law (GG). The right of service of federal civil servants , soldiers and federal judges lies in the exclusive legislative competence of the federal government in accordance with Article 73.1 No. 8 of the Basic Law . To this end, the federal government has issued the Federal Civil Service Act , the Soldiers Act and the German Judges Act (DRiG).

The service law of state officials and judges of the state courts is regulated by the states . Here the federal government according to Article 74, Paragraph 1, No. 27 of the Basic Law only provides a framework, in particular with regard to status rights and obligations ( Civil Service Status Act , German Judges Act ). Career, salary and pension law are exclusively a matter for the country.

Regulation content

The service law contains provisions in the following areas:

Differences to labor law

Service law is the equivalent of labor law . The employment relationship (especially ground termination, rights and obligations) is unilateral sovereign by law from lawmakers designed, which is the respect appointing a 'participation requiring administrative acts. This means that the service law differs significantly from labor law where by employers and employees an individual contract of employment and the social partners a collective employment contract ( collective agreement , company agreement ) is negotiated.