Employment relationship

Employment relationship in Germany refers to the employment relationship of a natural person who is in a public service and loyalty relationship to an employer .

Employees in the public service are not in an employment relationship, but in an employment relationship under private law . You don't have a master, you have an employer . The employment relationship is to be distinguished from the official relationship in which z. B. the members of the constitutional organs.

The types of employment relationships in Germany can be broken down into the groups of civil servants , soldiers and judges .

Legal bases

Depending on the employer, it is based on different legal bases . Employers can be the federal government , the states , associations of local authorities , municipalities and other corporations , institutions and foundations under public law . This also includes religious societies under public law . The soldiers' employer is always the federal government. The judges are employed by the federal government or a state ( Section 3 DRiG ).

The legal basis for the employment relationships of federal civil servants is the Federal Civil Servants Act . There are federal civil servants at the federal government as well as at federal corporations, institutions and foundations under public law. For civil servants of the federal states, municipalities, municipal associations and state corporations, institutions and foundations under public law, the federal government has created a legal framework through the Civil Service Status Act. This is supplemented by the respective state civil servant laws. The religious communities under public law can regulate their church official relationships independently, but in compliance with the traditional principles of the professional civil service ( Article 33 (5 ) of the Basic Law ).

The legal basis for the military service of soldiers is the Soldiers Act .

The German Judges Act applies to professional federal judges . Unless otherwise specified in this law, the provisions for federal civil servants apply accordingly. The provisions of the Civil Service Status Act apply accordingly to the status right of judges in the state service. The federal states make additional regulations by law.

Civil servant status

Civil servants have a public service and loyalty relationship with their employer. This is called a civil service relationship ( Section 4 BBG ; Section 3 BeamtStG ). Appointments to a civil service at the federal government or transfer to the federal service may generally only be made if the applicant has not yet reached the age of 50 ( Section 48 (1) No. 1 BHO ).

To establish a civil servant relationship, an appointment is required ( Section 10 (1) No. 1 BBG ; Section 8 (1) No. 1 BeamtStG ). This is done by handing over a certificate of appointment ( Section 10 (2) sentence 1 BBG ; Section 8 (2) sentence 1 BeamtStG ).

The civil servant relationship ends with dismissal, loss of civil servant rights, removal from the civil servant relationship according to a disciplinary law, entry into or retirement ( § 30 BBG ; § 21 BeamtStG ).

There are different types of civil servant relationship.

Civil servant for life

Award certificate "Civil servant for life"

The rule type is the civil servant relationship for life (BaL). It is used for the permanent performance of sovereign tasks or tasks which, in order to safeguard the state or public life, may not be assigned exclusively to persons who are in an employment relationship under private law ( Section 6 (1) in conjunction with Section 5 BBG ; Section 4 Paragraph 1 in conjunction with Section 3 Paragraph 2 BeamtStG ). The civil servant relationship for life ends in principle with the entry into or the transfer of retirement ( § 30 No. 4 BBG ; § 21 No. 4 BeamtStG ). A civil servant for life may only be appointed who fulfills the general requirements for appointment as a civil servant ( § 7 BBG ; § 7 BeamtStG ) and has proven himself in a (civil service law) trial period ( § 11 Paragraph 1 Sentence 1 No. 2 BBG § 10 sentence 1 BeamtStG ). The probationary period is the time in a civil servant relationship on probation in which the civil servants are to prove themselves after acquiring the career qualification for later employment for life ( § 2 Abs. 6 FSVO ). Therefore, the appointment as a civil servant for life is basically the conversion of a civil servant relationship on probation and not a first-time establishment of a civil servant relationship.

The certificate of appointment must contain the words “with an appeal to the civil service for life” ( Section 10 (2) sentence 2 BBG ; Section 8 (2) no. 1 BeamtStG ). With the establishment of a civil servant relationship for life, an office is conferred at the same time ( Section 10 (3) BBG ; Section 8 (3 ) BeamtStG ).

Civil service on probation

Award certificate "Official on probation"

The civil service relationship on probation (BaP) serves to complete a (civil service law) probationary period for later use for life ( Section 6 Paragraph 3 No. 1 BBG in conjunction with Section 28 ff. BLV ; Section 4 Paragraph 3 lit. a BeamtStG ) or to transfer an office with a managerial function ( Section 6 (3) No. 2 in conjunction with Section 24 BBG ; Section 4 (3) lit.b BeamtStG ). A promotion during the probationary period is generally possible.

Federal civil servants must have proven themselves “fully” during the probationary period ( Section 11 (1) sentence 1 no. 2 BBG ). For the determination of the probation a strict standard applies ( § 11 Abs. 1 S. 2 BBG ). The federal civil service probationary period generally lasts at least three years ( Section 11 (1) sentence 3 BBG ). The credit for an equivalent activity can be provided for up to a minimum trial period of one year. The Federal Government has regulated the details, in particular the criteria and the procedure for determining probation, the crediting of times and exceptions to the probationary period, including the minimum probationary period ( Section 11 (1 ) sentence 4 BBG ) through the Federal Career Ordinance . A civil servant relationship on probation must be converted into one for life after five years at the latest if the civil servant law requirements are met ( Section 11 (2) sentence 1 BBG ). The period is extended by the time by which the probationary period is extended due to parental leave or a leave of absence with the loss of salary ( Section 11 (2 ) sentence 2 BBG ). For state and municipal civil servants, the probationary period lasts at least six months and a maximum of five years ( Section 10 sentence 1 BeamtStG ).

The certificate of appointment must contain the words “under appeal as a civil servant on probation” ( Section 10 (2) sentence 2 BBG ; Section 8 (2) no. 1 BeamtStG ). With the establishment of a civil servant relationship for life, an office is conferred at the same time ( Section 10 (3) BBG ; Section 8 (3 ) BeamtStG ).

Officials on probation can be dismissed if they commit an act that would result in at least a reduction in salaries in the civil service for life, if they have not proven themselves during the probationary period or if the structure or the tasks of the employment authority are changed or they are merged with to another authority if the assigned area of responsibility is affected and any other use is not possible ( Section 34 (1) BBG ; Section 23 (3 ) BeamtStG ).

Civil servants on revocation

A civil servant on revocation (BaW) usually serves to perform a preparatory service (career training) or less often the (only) temporary performance of sovereign tasks or tasks that may not be assigned exclusively to persons who are in a state to safeguard the state or public life work under private law ( Section 6 (4) BBG ; Section 4 (4 ) BeamtStG ). After successful completion of the preparatory service (career examination), the career qualification for a career in the category of simple , middle , upper or higher service is obtained and the civil servant relationship is usually converted into that of a probationary civil servant. Officials on revocation use a service title instead of an official title . This usually consists of the official title of the entry office for the career path with the addition of candidate (e.g. candidate for a government inspector). In the higher service, the additional trainee lawyer (e.g. technical trainee lawyer) or the service designation Attaché (for the higher external service ) is common.

The certificate of appointment must contain the words “under appeal to the civil servant relationship on revocation” ( Section 10 (2) sentence 2 BBG ; Section 8 (2) no. 1 BeamtStG ). Revoked officials can be dismissed at any time. Dismissal is possible without observing a deadline. With the establishment of a civil service relationship on revocation, no office is conferred at the same time.

Temporary civil service

The temporary civil servant relationship is permissible in cases specifically specified by law and is used for the temporary performance of sovereign tasks or tasks that may not be assigned exclusively to persons who are in a private-law employment relationship to safeguard the state or public life ( Section 6 Para. 2 sentence 1 in conjunction with § 5 BBG ; § 4 paragraph 2 lit. a BeamtStG ) or the initially limited transfer of an office with a managerial function ( § 4 paragraph 2 lit b BeamtStG ). For the civil servant relationship for a period of time, the provisions on civil servant relationships for life apply accordingly, unless otherwise stipulated by law ( Section 6 (2) sentence 2 BBG ; Section 6 BeamtStG ).

The certificate of appointment must contain the words "under appointment as a civil servant on a temporary basis" with the indication of the duration of the appointment ( Section 10 (2) sentence 2 BBG ; Section 8 (2) no. 1 BeamtStG ). With the establishment of a civil servant relationship for life, an office is conferred at the same time ( Section 10 (3) BBG ; Section 8 (3 ) BeamtStG ).

Honorary service

The honorary civil servant relationship is used for the free performance of sovereign tasks or tasks that, in order to safeguard the state or public life, may not be assigned exclusively to persons who are employed under private law. It cannot be converted into a civil servant relationship of any other kind, and such a relationship cannot be converted into an honorary civil servant relationship ( Section 6 (5) in conjunction with Section 5 BBG ; Section 5 BeamtStG ).

The certificate of appointment must contain the words “with an appointment as an honorary civil servant” ( Section 10 (2) sentence 2 BBG ; Section 8 (2) no. 1 BeamtStG ).

For federal honorary civil servants, the provisions of the Federal Civil Service Act apply in principle with the exceptions specified in Section 133 BBG . After reaching the standard retirement age, honorary officials can be dismissed. They are to be passed if the other requirements for the retirement of an official are met. Accident care for federal honorary officials and their surviving dependents is based on Section 68 of the BeamtVG . In addition, the legal relationships are governed by the special provisions applicable to the individual groups of honorary officials.

Honor officials are, for example, honorary consuls , honorary mayor , aldermen , councilors or mayor , managers of volunteer fire departments (fire chiefs, city and municipal fire inspectors, etc.), members of the Hessian local courts and county hunt master .

Political official

A so-called political official does not have a separate employment relationship. He can be put into temporary retirement ( Section 54 BBG ; corresponding state legal regulations).

Law enforcement officer

Police officers do not have their own employment relationship; rather, they belong to special careers. The Federal Police can appoint suitable persons to perform certain tasks as auxiliary police officers ( Section 63 (2 ) BPolG ). Auxiliary police officers can also be appointed in Hesse ( Section 99 HSOG ). An employment relationship is not established because an appointment is made instead of an appointment. Auxiliary police officers sometimes have the same powers as law enforcement officers, but are not in a public service or loyalty relationship with an employer.

Church official relationship

Civil servants at a religious society under public law are church officials. The regulations of the Civil Service Status Act do not apply to them. Their legal relationship is regulated in the corresponding legal regulations of the respective religious body. For church officials of the Evangelical Church in Germany , the member churches and the member church associations, for example, the Church Officials Act of the EKD applies uniformly .

Military service

Military service is a public service and loyalty relationship between the employer, the Federal Republic of Germany, and the soldier, regardless of their rank and whether they are doing military service on the basis of compulsory military service or voluntary obligation ( Section 1 (1) SG ).

The types of military service conditions the employment relationship are a professional soldier (BS), the appointment of a temporary soldiers (ssl), the voluntary military service as a special civic engagement (FWD; . § 58ff SG ), the reserve duty proportionate to the performance of volunteer functions in the reserve organization of Federal Armed Forces ( § 58a SG in conjunction with § 4 ResG ), military service in the form of services according to the fourth section of the Soldiers Act and - in the event of tension and defense - military service according to the conscription law .

Disabled persons who are in a military service relationship that is not for life can enter into a special type of military service that establishes the legal status of a temporary soldier ( Section 6 EinsWVG ).

Anyone who is called to attend an official event in accordance with Section 81 SG (official projects, in particular for military training, further education and training) is in military service. This also applies to the participants in a business event for information purposes .

Participants in an aptitude exercise have the legal status of a temporary soldier and are therefore in military service.

Services according to the fourth section of the Soldiers Act are:

(Military) exercises ( § 61 SG ),

special foreign uses ( § 62 SG ),

Internal assistance in the context of administrative assistance or in the event of a natural disaster or a particularly serious accident ( Section 63 SG ),

Assistance abroad in the context of humanitarian assistance ( § 63a SG ),

Military service for the temporary improvement of the operational readiness, which serves to maintain or establish the functionality of organizational units in the case of vacancies that cannot be averted otherwise or to cope with order peaks that cannot be dealt with in a timely manner ( § 63b SG ) and
unlimited military service in the event of tension or defense.

The types of military service in the event of tension and defense according to the Conscription Act are:

the military service ( § 5 WPlfG )
the military exercises ( § 5 WPlfG ),
special foreign use ( § 5 WPlfG ),
voluntary additional military service following the basic military service ( Section 5 WPlfG ),
internal assistance ( Section 5 WPlfG ),
providing assistance abroad ( Section 5 WPlfG ) and

unlimited military service in the event of tension or defense.

Judgeship

Professional judges of the federal and state governments are judges . Legal forms in the judicial service are judges for life, judges for a limited period, judges on probation and judges by commission ( § 8 DRiG ). A judge for life can be appointed who has worked in the judicial service for at least three years after acquiring the qualification for judicial office ( Section 10 (1) DRiG ). Anyone who is later to be used as a judge for life or as a public prosecutor can be appointed as a probationary judge ( Section 12 (1) DRiG ). A civil servant for life or for a limited period of time can be appointed judge by commission if he is later to be used as a judge for life ( Section 14 (1) DRiG ). Appointment as a temporary judge is only permitted under the conditions specified by federal law and only for the tasks specified by federal law ( Section 11 DRiG ). Such a federal regulation applies, for example, to § 18 VwGO . In 2018, the Federal Constitutional Court decided that the appointment of civil servants for life as temporary judges in 2018 was compatible with the Basic Law .

Honorary judges are not employed. You exercise a public office , but a public service and loyalty relationship by appointment is not established.

If a person is elected to the office of a judge of the Federal Constitutional Court, their previous employment as a civil servant or judge will not be terminated. However, the rights and obligations from this employment relationship are suspended. ( Section 101 of the Federal Constitutional Court Act ) You do not receive any salaries under the Federal Civil Servants Act , but an official salary under the Act on the Official Salary of Members of the Federal Constitutional Court .

Individual evidence

↑ only a small area of application, because in the event of tension and defense according to § 80 SG takes precedence over the WPflG. Affects z. B. Former professional soldiers between the ages of 60 and 65, cf. Section 3 (4) WPflG i. V. m. Section 59 SG.
↑ in the service of the communities or community associations there are courts and therefore no judges, cf. Art. 92 GG
^ Resolution of the Second Senate - 2 BvR 780/16. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court, March 22, 2018, accessed on September 3, 2019 .

[1] y a small area of application, because in the event of tension and defense according to § 80 SG takes precedence over the WPflG. Affects z. B. Former professional soldiers between the ages of 60 and 65, cf. Section 3 (4) WPflG i. V. m. Section 59 SG.

[2] the service of the communities or community associations there are courts and therefore no judges, cf. Art. 92 GG

[3] Resolution of the Second Senate - 2 BvR 780/16. In: https://www.bundesverfassungsgericht.de/ . Federal Constitutional Court, March 22, 2018, accessed on September 3, 2019 .