Disciplinary Supervisor

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The disciplinary superior is a superior , who in business or public administration , the supervision over employees , officers and service personnel or the Bundeswehr , the disciplinary authority over soldiers exercises.

General

With superiors, a distinction is made between disciplinary superiors and specialist superiors . What they have in common is that, as executives, they have the authority to exercise personnel management over employees who report to them . However, they differ according to the content of the management task . While specialist supervisors within a certain specialist area or work area are allowed to decide on all actions of their employees necessary for the fulfillment of tasks and to issue appropriate instructions , disciplinary superiors are equipped with disciplinary rights . It can therefore happen that an employee has both a disciplinary and a specialist manager. The disciplinary supervisor can also be a specialist supervisor, but the exclusive specialist supervisor can never be a disciplinary supervisor.

tasks

The areas of responsibility of disciplinary superiors in business and public services are identical. Within the framework of the right of management , the disciplinary superior generally has two areas of responsibility, namely in the context of personnel management and disciplinary rights :

The assignment of official titles within the framework of personnel management concerns in particular the appointment of an authorized representative , authorized signatory or director . In the case of civil servants, these are the basic official titles . The disciplinary measures, which increase in severity, have consequences for the employee evaluation and the job reference.

Officer

According to Reinhard Höhn , the civil servant disciplinary superior is a superior who has two powers:

  • He can enforce the compliance with given orders by means of disciplinary measures and
  • he can punish non-compliance with given orders through disciplinary measures.

In civil service law , not all disciplinary measures can be taken by the immediate disciplinary superior. Rather, the Federal Disciplinary Act (BDG) and the Defense Disciplinary Code (WDO) specifically regulate which hierarchy level is responsible for individual disciplinary measures. According to Section 33 (2) of the BDG, every superior is authorized to reprimand and fines the officials subordinate to him. The highest service authority can set reductions in salary up to the maximum and the superiors directly subordinate to the highest service authority up to a reduction of one fifth of the salary for two years (Section 33 (3) BDG).

Which of the disciplinary measures is applied in the individual case depends on the principle of guilt and the principle of proportionality ( prohibition of excess ) applicable in civil service disciplinary proceedings - and also applicable analogously in labor law . According to this, the disciplinary measure pronounced against the civil servant / employee must be in a fair proportion to the gravity of the official offense and to the fault of the civil servant / employee, taking into account all burdensome and exonerating circumstances of the individual case . First of all, the lowest disciplinary measure should be used for an official / employee, and more stringent measures are then used for repeated violations.

armed forces

According to Section 1 (4) SG , a disciplinary superior is anyone who has disciplinary authority over soldiers in his area of ​​command. The power to impose disciplinary action and to take the usual disciplinary superiors incumbent decisions and actions ( disciplinary powers ) have, according to § 27 para. 1 WDO the officers whose troops duty supervisors and managers in comparable service positions , which they by the Federal Minister of Defense to Performance of special tasks is awarded. The highest disciplinary superior is the Federal Minister of Defense. The disciplinary measures that disciplinary superiors can impose are referred to as simple disciplinary measures and are ( Section 22 (1) WDO):

  • reference
  • strict reprimand
  • Disciplinary fine
  • Exit restriction
  • Disciplinary arrest

In addition, the disciplinary superior can carry out the provisional arrest of a soldier according to § 21 WDO.

According to Section 28 (1) WDO, the disciplinary authority is graded according to the position of the disciplinary superior and is exercised by the company commander , battalion commander or Federal Minister of Defense. The disciplinary superior is self-employed within his or her area of ​​responsibility ( Section 35 WDO). The higher disciplinary superiors exercise supervision , but cannot order the “whether” or “how” of a disciplinary measure.

If soldiers serve in facilities that are not managed by a German officer, for example in national civil services or international staff, a so-called "Senior Officer" (DO) or "German Senior Officer" (DDO) is the disciplinary superior.

See also

Individual evidence

  1. ↑ Reinhard Höhn / Gisela Böhme, Management Brevier der Wirtschaft , 1974, p. 305 ff.
  2. ^ Frank Less / Gudrun Schattschneider / Bernhard Gertz, Soldiers Act: Commentary , 2008, p. 57