While an authority (synonym: office , Swiss official body ) is any body that performs the tasks of public administration ( (4 ) VwVfG ), the term agency goes further. It also includes military departments and courts .
Departments are organized hierarchically. They are led by a head of department (also: president , head of office , managing director , head of authority , minister ). Departments are in different organizational units divided ( divisions , departments , departments , functional areas , departments , groups ).
Each department is integrated into a strict administrative hierarchy. The supervision of a department outside always exerts superior authority. Certain higher-level departments also exercise the technical and legal supervision of a department. The buildings in which there are offices are called office buildings .
Features of an agency:
- It has a defined factual and / or spatial responsibility . The factual competence expresses which authority is responsible for processing a state area of responsibility, the spatial competence delimits the areas of activity of similar authorities.
- It has a certain organizational independence and stability;
- it has a delimited area of responsibility ;
- she is authorized tasks of public administration perceive (adoption of administrative acts ) and
- is the first organizational level when it comes to employee representation .
Federal staff representation law
Departments are legally defined in staff representation law. The agencies within the meaning of the German Federal Personnel Representation Act (BPersVG) include, for example, "all authorities , administrative bodies , public companies " of "federal administrations and federal corporations , institutions and foundations under public law " and courts ( (1) in conjunction with . with BPersVG). In case of doubt, however, the area must be defined more precisely, as different or different locations are sometimes considered to be departments within the organization.
In the army is a military service , a through organizational command or - Transfer -positioned independent organizational element in the division of the Ministry of Defense (MoD) that senses an assigned task pane in the framework of given powers autonomously. The entirety of the tasks, powers and duties assigned to an agency is referred to as responsibility .
In the military organizational areas ( armed forces ), these are basically units of troops from unit level (e.g. company , battery , squadron , inspection, sector, boat) whose unit leaders are disciplinary superiors. The heads of military departments in the armed forces call themselves, for example, company or battery chief, battalion, regiment, brigade or division commander, commanding general, inspector, chief of office.
Military services in civil organization areas of the division of the BMVg are, for example, the Federal Office for Military Counter , the Evangelical military Pfarrämter , the military technical services or the army service centers .
Definition in labor law
In accordance with his service contract , the employee must either commence and terminate his or her service at a precisely designated office and / or work at the workplace in the office. The assignment of a specific department by the employer can therefore, depending on the service contract, have an impact on wages , reimbursement of travel expenses and expenses , but also possibly on the private choice of residence that depends on this.
- Jürgen Groels, General Taxation, Tax Code, (FGO): Judicial and extrajudicial legal remedies , 2001, p. 70 ff.
- Hans-Peter Bühler, The Value Added Tax , 2008, p. 86
- Lutz Treder / Wolfgang Rohr, Examination Schemes Administrative Law , 2008, p. 20
- The personnel representation offices of Wiener Linien (queried on April 9, 2010)
- Online administrative , term " Dienststelle"
- Karl Helmut Schnell, Heinz-Peter Ebert: Disciplinary law, criminal law, right of appeal of the Bundeswehr, 30th edition, p. 67. (PDF) In: http://www.beck-shop.de/ . Walhalla Verlag, March 1, 2016, accessed December 30, 2018 .