Civil servant (Germany)

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A civil servant in Germany ( federal , state, municipal civil servant ) has a public service and loyalty relationship with his employer . From officialdom delineate are the jobs as employees in the public service ( public employees ), which after private labor and collective agreements set.

Judges and soldiers are not civil servants and their service law is regulated in other legal norms ( DRiG and SG ). Nevertheless, many civil service regulations apply to these status groups or similar regulations have been made (e.g. in the areas of salaries and pensions). To religious communities , as public bodies are recognized, one can church civil service be justified.

Since the reorganization of the legislative competencies of the service law through the federalism reform in 2006, the legal basis has been the Civil Service Status Act (BeamtStG) passed in 2009 and the civil service laws of the federal and state governments. While (collective bargaining) employees receive a salary , civil servants are awarded a salary which is based on the federal salary law for federal civil servants and according to their own state salary laws for state and municipal civil servants and civil servants in other regional authorities .

term

Definition

The term official is understood differently. A distinction is made between the constitutional (including status law), liability law and the outdated commercial law official term.

Under constitutional law , a civil servant is a person appointed by an employer in a public service and loyalty relationship. The civil servants in the legal sense form the public service together with the collective bargaining employees , soldiers and judges .

In terms of liability law , the civil servant who is appointed to an authority or who carries out public administration tasks on their behalf (cf. in criminal law: Section 11 (1) No. 2 StGB ; in official liability law: Article 34 GG in conjunction with Section 839 BGB). In the past, a person who worked in the administration of a private business enterprise was also included under the civil servant (works civil servant, works civil servant, civil servant in the sense of commercial law , §§ 133a to 133d GewO old version ).

The following presentation is limited to civil servants in the sense of public law.

Direct and indirect officials

Immediate (= direct) civil servant is the person whose employer is the Federal Republic of Germany or one of its countries. He is part of the immediate state administration. Indirect (= indirect) civil servant is someone who joins a legally independent institution , foundation or other corporation under public law that has the status of employer, e.g. B. a university, a municipality or a professional chamber, is in such a public service and loyalty relationship.

Federal officials, state officials, municipal officials

A federal civil servant is anyone who has a public service and loyalty relationship with the federal government or a federal corporation, foundation or institution under public law (employer) ( § 4 BBG in conjunction with § 2 BBG). A state official is someone who has a public service and loyalty relationship with a federal state, a state-direct corporation, foundation or institution. Municipal officials have a district , another municipality association , a district-free city or a district-belonging municipality as their employer . Direct federal and state civil servants are state civil servants.

Civil service law

The civil service law is part of the special administrative law and includes u. a. also the establishment of the civil servant relationship as well as the rights and obligations of civil servants in Germany. Until 2006, the federal states had to align their state civil servant laws in accordance with the provisions of the Civil Service Framework Act (BRRG). As a result of the federalism reform, the legislative competence of the federal government and with it the old BRRG were lost. It was which entered into force on 1 April 2009 law regulating the status of the right of civil servants in the countries ( Civil Servants Status Act - BeamtStG) replaced.

This special relationship under public law is regulated in the civil service laws of the Federation and the Länder of the Federal Republic of Germany. The Federal Civil Servants Act (BBG) regulates details of civil servant relationships at the federal level and contains provisions on personnel administration and on complaints / legal protection. Corresponding state regulations exist for civil servants at state level or in cities and municipalities. The Civil Service Status Act , which replaced the Civil Service Framework Act on April 1, 2009, provides essential provisions for the civil service laws of the federal states .

The civil servant relationship is to be regulated and further developed by the constitution ( Article 33, Paragraph 5 of the Basic Law ) according to the traditional principles of the professional civil service . The main task of the officials is the impartial performance of official duties , which for reasons of safety of the state or public figure not only persons in a private law employment relationship , may be transferred are.

Civil servant status

Civil servants have a special legal relationship with the state . During their service time, civil servants are exposed to an increased bond with the state, the intensity of which goes beyond the normal bond between the citizen and the state. Civil servants are therefore particularly close to the state; they are its representatives. As a result, civil servants' fundamental rights can be restricted.

Reason

The civil service is by appointment (to cooperate and form requiring administrative ) reasons. The appointment is made by handing over a certificate of appointment and receiving it without objection. In contrast to employees, the employment relationship does not arise from an employment contract (civil servants are not among the employees ). The appointments are to be made according to suitability, ability and professional performance (selection of the best).

The prerequisite for an appointment is that applicants are Germans within the meaning of Art. 116 GG or have the citizenship of a member state of the European Communities (Section 7 BeamtStG), guarantee that they stand up for the free democratic basic order at all times (previously the radical decree , now abolished ) and who have the required educational background for a career or, in the absence of a regulation, the usual educational background. Furthermore, the unwritten requirements must be met. Civil servants must be fit for service (physically, mentally and characteristically), may not have a criminal record , must live in an orderly economic situation and be generally suitable (good repute , character and personal suitability). However, the health requirements must not include any discrimination against the disabled (Section 9 BeamtStG).

Only one German may be appointed for special tasks (e.g. in the security area). If there is an urgent business need or should a person z. B. be appointed as professor , junior professor , assistant or academic councilor at a university or other research institute, the requirement of nationality can be waived (§ 7 Abs. 3 BeamtStG).

An official appointment is required not only for the establishment of a civil servant relationship, but also for the "conversion" (recruitment of civil servants on revocation and on probation, awarding of civil servants for life ) of a civil servant relationship in a different type (on revocation, on probation, on Lifetime), the award of an office with a different final basic salary and a different official title ( promotion ), when an office with another official title is awarded without a change in grade, provided that the award of the office justifies a change of career (Section 8 BeamtStG) . As a rule, the measures are subject to the codetermination of the respective staff council .

termination

Civil servants cannot resign and civil servants cannot be dismissed because there is no contractual employment relationship . However, a discharge can be requested at any time. In this case, the employer pays the pension insurance contributions for the duration of the service . Dismissed civil servants then no longer have any entitlement to civil servant benefits . Civil servants can only be dismissed for life against their will through disciplinary proceedings or - in certain cases - in the event of incapacity .

Federal officials may since September 4, 2013 after leaving the civil service status (eg. As when moving to a private company ), replacing the previous mandatory retroactive in the statutory pension scheme , at the request of a so-called Age of money after age Benefit Act receive. This is a pension of its own kind and not a pension. A civil servant must leave the service at his own request and without any other hindrance. In addition, a service period of seven years, of which at least five years with the employer, must have been completed. At least the states of Baden-Württemberg , Bremen , Hamburg , Hesse and Saxony have introduced regulations, some of which are initially limited in time, comparable to federal retirement benefits.

According to Section 24 of the BeamtStG, the civil servant relationship ends when the judgment becomes final (automatically and without a special notification ) if the civil servant is convicted of an intentional criminal offense to deprivation of liberty of (usually) twelve months or more. Here, too, the person concerned is reinsured. For this reason, it happens that criminal officials are sentenced to less than twelve months imprisonment if the loss of the official status as a result of the sentence appears inappropriate, because according to the case law of the Federal Court of Justice (BGH) the consequences of the imposition of a sentence are for all offenders to consider. Removal from the service ( called dismissal in the case of collective bargaining employees ) can still take place in disciplinary proceedings .

Statutory dismissal bans for civil servants of all status types exist in accordance with the Maternity Protection Act and Section 9 of the Workplace Protection Act for civil servants called up for military service or dual service (simultaneous service with two or more employers). This legislation represents a public law, absolute ban on dismissal for all employers in the federal, state and local governments. The employer's discretion is reduced to zero.

Civil servants who are considered incapable of service by the employer must regularly take early retirement if the statutory requirements of the Civil Service Pension Act (BeamtVG) are met (Section 26 BeamtStG). The requirements for retirement due to incapacity for work are based on the pensionable period of service that has already been completed, including previous periods of service and the pensionable salary that the civil servant receives or has received. In the event of the facts of the pension law, dismissal due to incapacity is constitutionally excluded.

species

Types of civil servant relationships are the civil servant relationship for life as a standard type, the civil servant relationship on probation for the completion of a civil service trial period, the civil servant relationship on revocation mostly for the performance of a preparatory service , civil servant relationship on time for the temporary performance of civil servant tasks and the honorary civil servant relationship for the performance of civil servant tasks free of charge. The institute of employment (since 2009), the civil servant status on hold and for reuse after the Second World War no longer exist . A so-called political official has no civil servant status of its own . He can be put into temporary retirement ( Section 54 BBG ; corresponding state legal regulations). A municipal electoral officer is usually a temporary officer .

career

The professional career of a civil servant is regulated on the basis of the career path . The career principle is one of the traditional principles of the professional civil service . It is regulated in federal and state career regulations. Some of these differ considerably.

Career groups

A career includes all offices in the same subject area, which require the same previous education and training. A career includes preparatory service and a probationary period. A distinction is made between four of the following career groups (although some countries have now adopted different regulations):

  • Simple service : grades A 2 to A 5, for particularly prominent positions also A 6
  • Intermediate service : salary groups A 6 to A 9 (in Baden-Württemberg according to state law in particularly prominent positions, e.g. works service manager of a correctional facility and head of road maintenance servicesalso A 10). The offices of BesGr. A 5 are no longer an entry office. The careers now start with A 6 (non-technical careers) or A 7 (technical careers, police and correctional services)
  • Senior service : grades A 9 to A 13, careers of the non-technical service start with A 9, careers of the technical service with A 10, starting salary group for careers of subject teachers is A 9, for careers of elementary and secondary school teachers A 12 and special and secondary school teacher A 13
  • Higher service : grades A 14 to A 16, W 1 to W 3 ( university lecturers ) and B 1 to B 11
Frequency distribution of the individual career groups in 2004
Higher service Higher service Medium Grade Simple service
absolutely relative (%) absolutely relative (%) absolutely relative (%) absolutely relative (%)
Federation 18,400 13.9 43,800 33.1 66,900 50.6 3,200 2.4
countries 332.100 26.2 704,700 55.6 223,300 17.6 8,300 0.7
Municipalities 27,200 15.1 92,600 51.4 59,700 33.2 500 0.3
other legal persons
under public law 		17,000 26.4 42,400 65.9 4,600 7.2 300 0.5
total 394,700 24.0 883,600 53.7 354,400 21.6 12,300 0.7

Official titles of federal and state officials

The official designations of federal and state officials in Germany are the civil service designations of offices that a civil servant holds. In the preparatory service , the civil servants do not use an official title (since they have not yet been assigned an office), but a service title .

Official title abbreviation Grade Federal career group education
State Secretary StS B 11 higher service master
Ministerial Director MD, MinDir B 9
Ministerial Director MinDirig, MDg B 6
Ministerial Councilor MR, MinR B 3
Ministerial Councilor ,
Senior Government Director 		MR,
LRD, LRDir 		A 16
Government director RD, RDir A 15
Upper Government Council ORR A 14
Government Council RR A 13 (entrance office)
Senior Government Councilor ROAR A 13 higher service Bachelor
Government councilor RAR A 12
Government official RA, RAmtm A 11
Chief Government Inspector ROI A 10
Government inspector RI A 9 (entrance office)
Government Inspector RAI A 9 Medium Grade Vocational training
Government Chief Secretary RHS A 8
Government Secretary ROS A 7
Government secretary RS A 6 (entrance office)
Chief magistrate OAM, OAMstr A 5 simple service Semi-skilled
Magistrate AM, AMstr A 4
Full-time assistant HAG, HAGeh A 3
Senior clerk OAG, OAGeh A 2 (entrance office)

conditions

When hiring a state or federal civil servant, certain criteria must be met. In addition to the aptitude principle, the performance and qualification principles must also be met.

Suitability principle

According to the suitability principle (idoneity principle), a potential official must:

  • Be a German within the meaning of Article 116 of the Basic Law or an EU citizen (exception possible if there is a business need),
  • stand up for the free democratic basic order ,
  • Be physically and mentally healthy enough that future work and premature incapacity are not expected and are not restricted by this (for severely disabled applicants, as a rule, incapacity is not expected within five years),
  • have the ability to hold public office .

Principle of competence

A citizen is only qualified for civil service if he can provide evidence of career-specific educational background. For the careers there are minimum requirements with regard to previous education, preparatory service and passing examinations (career examination). The general requirement for employment for a career in

Within the career groups, a distinction is made between subject areas (such as technical or non-technical service). Civil servants can in principle only be employed (grouped) in the entry office of their career. The entry offices as well as the top offices that can be reached for the respective career are determined by the legislature or ordinance in the federal and state governments.

In some cases, advancement is possible: After a certain period of service in a career group, civil servants can change to the next higher career through appropriate training and passing an examination. However, a vacant position must be available for this. A distinction must be made here between the normal ascent and the ascent in use .

Performance principle

In the case of recruitment, employment, transfer of posts, promotion and promotion, a decision must be made based on qualifications (suitability and professional performance). In a narrower sense, suitability includes physical, mental and character traits.

Characteristics of the qualification are the skills and knowledge essential for the assignment. In the career system, the concept of career qualification plays a central role in accessing a career. This term denotes the formally established fulfillment of the minimum requirements for a specific subject in the public service.

Examples

education

Higher service

The preparatory service for the senior service career lasts at least three years. In a course at a university of applied sciences for public administration, it provides students with the scientific knowledge and methods and practical professional skills and knowledge that are required to fulfill the tasks of their careers. The students are usually in a civil servant status on revocation. The course usually lasts 18 months (21 months in financial management and general internal administration). The remainder of the preparatory service includes training in specialist areas of focus for career tasks. Furthermore, in principle, all Bachelor graduates from recognized universities have access to senior service or a corresponding preparatory service.

Often times, the qualification is awarded at the same time as the career test for the higher service. There are v. a. the degrees of Diplom-Verwaltungswirt (FH) , Diplom-Finanzwirt (FH) , Diplom-Rechtsspfleger (FH) and Diplom-Betriebswirt (FH) are awarded. For some years now, there has been a switch to the Bachelor's degree, in particular the Bachelor of Laws (e.g. in North Rhine-Westphalia) or the Bachelor of Public Administration.

A prerequisite for employment in the preparatory service of the senior service is a school education qualifying for university studies. In the career of higher service, the training can be limited to the subject-related focus areas of at least one year if the acquisition of the scientific knowledge and methods is proven through a suitable course at a publicly accessible university of applied sciences (FH diploma or Bachelor ). This type of training outside the administration takes place primarily in the technical careers of the senior service. In the case of an external university degree, the entrance office is A 10 in order to partially offset the costs that the career applicant had during his non-paid study.

It can also be required that a teaching degree at a university has been completed that qualifies for school service at secondary schools , elementary schools , secondary schools and special schools ( teaching degree , not deepened). Due to the higher requirement, the entrance office is set to A 12 after completing the preparatory service.

Medium Grade

As a rule, a two-year preparatory service is required for the middle service. It consists of at least six months of a course at an administrative school, e.g. B. a study institute for municipal administration. A precondition for employment as a civil servant in the preparatory service is a secondary school diploma or a secondary school diploma in connection with a beneficial vocational training . Technical careers in particular often require a journeyman's examination , skilled worker examination or a qualification as a state-certified technician for participation in the preparatory service. Sometimes an apprenticeship can also be done before the preparatory service with the public administration. For technical careers, the entry office is usually A 7, for non-technical careers A 6, for law enforcement officers, depending on the country, A 7 or A 9.

Simple service

The preparatory service for the simple service requires a secondary school certificate. Instead of a career test, there is only an informal employment test in the simple service, which can also be replaced by proof of professional training or by a recognized, related or preparatory activity with the employer. Another peculiarity of the posts of the simple service is the fact that not only civil servants, but always also specially obliged collective bargaining workers are used there.

Salary

Civil servants do not receive a salary that has been negotiated in an employment or collective agreement, but are paid. Civil servants' salaries are paid in advance at the beginning of the month. This is to ensure the financial independence of the civil servant and avoid corruption . The assignment of an office to a salary group follows the principle of functional salary. The level of pay can be particularly problematic for civil servants in lower grades. According to the case law of the Federal Constitutional Court , even a payment that is only 15 percent above the benefits for social welfare recipients is still to be judged as appropriate to the office.

Since civil servants are exempt from insurance, contributions to statutory pension and unemployment insurance, health and long-term care insurance are not deducted from the (gross) salary. However, in addition to private health and long-term care insurance, there is also the option of voluntary membership in statutory insurance in individual areas.

However, the money saved is not collected in a form of pension fund. In the event of an early departure from the civil servant relationship with additional insurance, this leads to a disadvantage, since the employing body only insures the gross remuneration actually paid in the additional insurance. The amount of the salary is based on the Federal Salary Act i. V. m. the respective federal pay regulations , which are divided into different regulations.

Grades

The offices of salary order C are expiring, i.e. That is, they may no longer be awarded again. There is currently a variant of all salary regulations for West and East Germany. In salary regulations A and B, job allowances are provided for many areas of responsibility or functions (e.g. for divers, law enforcement officers , full-time fire service members , air traffic control officers and drivers ; a hazard allowance is granted in hazardous professions).

Medical expenses

Officials are not required by law to have health insurance , but receive in case of sickness benefit payments of the employer.

There is no uniform state aid law in Germany. In individual countries, state aid regulations (BVO) - i.e. statutory regulations - apply, e.g. B. North Rhine-Westphalia. The federal government and the states, which have adopted them for their employees, apply the ordinance on aid in sickness, care and childbirth cases ( Federal Allowance Ordinance - BBhV) of February 13, 2009 ( Federal Law Gazette I p. 326 ) and the implementation thereof issued administrative regulations ( ie only the administration binding regulations), in the federal government the general administrative regulation for the Federal Aid Ordinance (BBhVVwV) of June 13, 2013 (GMBl. p. 722).

With regard to the various legal regulation modifications ( ordinance or administrative regulation ), the Federal Administrative Court in Leipzig ruled in a judgment of June 17, 2004: The federal state aid regulations issued as administrative regulations do not meet the constitutional requirements of the legal reservation. The legislature has to make the essential decisions about the benefits to civil servants, judges and pension recipients in the event of illness and need for care. However, the state aid rules will still apply for a transitional period.

The employer pays civil servants an allowance for their medical and dental costs, which as a rule reimburses half of the eligible expenses. The eligibility of expenses is z. B. defined in the above-mentioned administrative regulation. The reimbursements are also being further restricted at the federal government and in many federal states, transferring the effects of the health reform in Germany such as practice fees , fixed amounts , deductibles, etc. For the remaining costs, civil servants have to take out private health insurance themselves. Alternatively, civil servants can become voluntary members , but except in Hesse they do not receive any allowance or partial allowance for benefits that do not correspond to the catalog of benefits of the statutory health insurance . The children of civil servants and spouses who are not subject to statutory insurance also receive benefits, provided their income does not exceed a certain limit.

In a few countries, the medical costs of certain groups of civil servants (e.g. police and fire services) are borne entirely by the employer ( welfare care ). The state aid rules do not apply to federal railway officials. Here, the health care of the federal railway officials fulfills the welfare obligations to a different extent, since this institution is run as a corporation under public law and as a company social institution and levies contributions.

Supply in retirement

The entitlement to the granting of pension payments regularly becomes effective upon retirement upon reaching the age limit, otherwise also in the event of early retirement due to incapacity. In the latter case, this leads to a reduction of up to 10.8 percent (in North Rhine-Westphalia up to 14.4 percent). The amount of this remuneration is then based on the one hand on the remuneration that the civil servant was most recently entitled to in his active time, and on the other hand on the pensionable period of service, whereby (since 2003) 1.79375 percent are counted as the pension rate for each year of service. The maximum rate is 71.75 percent of the last salary, and 75 percent in the event of incapacity due to an accident at work. These percentages are multiplied by the factor 0.9901. ( § 5 Abs. 1 Hs. 2 BeamtVG) This results in an actual pension entitlement per year of 1.775991875 percent and a maximum amount of 71.04 percent, in the case of occupational accidents of 74.2575 percent.

Civil servants receive pensions from their last office if they have held it for at least two years. If this condition is not met, the pension is calculated from the previously held lower office. (The Federal Constitutional Court has declared the regulation of the minimum term of office of three years unconstitutional in favor of future retired civil servants.) The pension payments are fully taxable in terms of income tax in accordance with Section 19 (2 ) EStG . Furthermore, the retirement officials continue to pay their contributions to private health insurance or, as voluntarily insured persons in statutory health insurance, until they die .

In the event of early retirement of a civil servant, for example, with a service or term of office of 25 years, the result is a percentage of 44.84 percent of the pensionable salary, minus 3.6 percent for each year of earlier retirement (than regular with now recently up to 67 years). The maximum reduction is 10.8 percent (in North Rhine-Westphalia up to 14.4 percent). If it is more favorable for him, the beneficiary receives minimum pension payments in the amount of 65 percent of salary group A 4 BBesO plus a fixed amount of 30.68 euros (as of March 1, 2020: 1,796.55 euros gross (without family allowance for federal civil servants) ), minus taxes and the contribution for health insurance).

Civil servants' rights

The German civil servants have a special duty and loyalty to the employer. For this, the employer is obliged to give special care to his officials, u. a. to the Office reasonable Alimentation (grade) and support in case of illness ( aid ) and for the payment of an adequate pension , known in legal language pensions in retirement .

From the time the certificate of appointment is handed over, the applicant is a civil servant and is funded, i. This means that from this point in time he will receive remuneration (salary). The use of the civil servant for the performance of tasks is referred to as "use".

A possibility of compulsory part-time employment, as in the State Civil Service Act of Lower Saxony, is not permitted according to a decision by the Federal Constitutional Court . Civil servants have the right to use their official and service title outside of the service.

Officials' duties

Officials need for legal and law act (law-abiding). Instructions from superiors must always be followed ( obligation to obey ). However, there is the right and the duty to object, to remonstrate if an official is of the opinion that an instruction is unlawful. Regardless of the outcome of the remonstration proceedings, the officer may never carry out an order that violates human dignity.

Officials must take an oath of service at the start of their careers . Violations of official duties as well as violations outside the service that could damage one's reputation will be punished , depending on the misconduct, in extrajudicial disciplinary proceedings and / or judicial disciplinary proceedings before the administrative courts. In extreme cases, these can lead to removal from service. Instructions may not be followed if they violate the law, they do not have to be followed if they are not used for official purposes.

Some civil rights are restricted, e.g. B. their loyalty to the state does not allow civil servants to strike . Even freedom of expression is restricted for civil servants on duty (e.g. political activity).

There is also a duty of conduct for civil servants outside of the service in order not to endanger the reputation of the state. They are also obliged to find out more about their area of ​​work at all times (information obligation).

The duty of subordinates to advise and support their superiors (duty to advise) is a further component of the civil servant's duties. Civil servants also have to dedicate themselves to their profession with full devotion or full personal commitment. This means that they are only allowed to pursue secondary employment (especially paid) with special permission. In most countries, the scientific or artistic activity does not require approval, but notifications. Furthermore, they serve the whole people and not one party ; It follows from this that they also have to protect the common good when making decisions .

Other forms of public service employment

Unlike the state secretaries , the parliamentary state secretaries and the members of the Federal Government , i.e. Federal Chancellors and Federal Ministers, are not civil servants . According to § 1 BMinG, you have a public-law official relationship with the federal government; they are not federal civil servants (cf. § 18 BMinG). The same applies to the members of the state governments in relation to the respective state .

Further officials in a public service relationship are the Federal President and the Presidents of Parliament . For the Federal President, this results from the fact that he is a constitutional organ.

According to the principle of the separation of office and mandate, a member of the federal or state parliament as a member of the legislature cannot also be a member of the executive branch as an official . If a civil servant is elected as a member of the Bundestag, the civil servant's rights and obligations are suspended during the legislative period (e.g. for members of the Bundestag in accordance with Section 5 of the AbgG ).

Although there are many similarities when it comes to legal relationships, judges and soldiers are not civil servants. Your status is subject to the German Judges Act and the Soldiers Act . Until the 1960s, judges were also civil servants. They then spoke of judicial officials. The soldiers are in military service ( Section 1 SG ).

Notaries (with the exception of official notaries , these are civil servants) are public officials, but are not in an employment relationship, but are entrusted . The loan also occurs in other areas, but does not make the loanee a civil servant or place him in an employment relationship (e.g. publicly appointed surveyors ).

Change in the German civil service

The municipalities, especially in eastern Germany, employ relatively few civil servants. Whether hiring workers instead of civil servants is financially more beneficial is very debatable. Studies have come to extremely contradicting results on this question. On the one hand, the employer does not have to pay any social security contributions for his civil servants , but only finance the cost-saving allowance in the event of illness; on the other hand, there are steadily increasing payments of pension payments to retirement civil servants , for which so far by the "public sector" - despite corresponding Reduction in salaries - no sufficiently high provisions are made and this although with federal officials or z. B. in Lower Saxony the wage increases for employees in the public service reduced by 0.2 percent are transferred to civil servants ( pension reserve ). Due to the wave of civil servants in the 1960s and 1970s, according to the Federal Government's pension report, the number of federal pensioners will increase by 42 percent by 2040 and only then decrease again.

Officials at the postal successor companies

Since the conversion of the Deutsche Bundespost into the stock corporations Deutsche Telekom AG , Deutsche Post AG and Deutsche Postbank AG through the Postreform II in 1995, the stock corporations are no longer allowed to employ civil servants. However, the stock corporations are obliged to continue to employ the civil servants who are already working for the Deutsche Bundespost while maintaining their legal status. The companies exercise employer powers ( Art. 143b Basic Law (GG)). The civil servants are still federal civil servants ( Section 2 (3) of the Post Personnel Law Act (PostPersRG)).

Official status for teachers

A not inconsiderable advantage of the teacher’s official status is the reliable guarantee of lessons. The lack of the right to strike makes this possible. In the context of European case law, however, this is no longer undisputedly valid. The DBB Beamtenbund und Tarifunion is against the softening of the strike ban for teachers with civil service as confirmed by the Federal Constitutional Court in Germany in 2018.

Development of costs using the example of Schleswig-Holstein

Based on the budget plans of the State of Schleswig-Holstein, the costs of employed, active and retired civil servants are:

HGr. No. description Costs (in thousands of EUR) Relative change 2008–2014

in percent

Absolute change 2008–2014

in thousands of EUR

2008 2009 2010 2011 2012 2013 2014
Salaried and active civil servants
422 Remuneration and fringe benefits of civil servants and judges 1,615,812.70 1,638,115.60 1,724,187.70 1,722,821.90 1,708,459.50 1,711,175.50 1,698,261.60 +5 82,448.90
441 Aid, if not for pension recipients 79,428.50 87,249.20 89,417.90 83,494.60 86,074.50 93,020.70 95,510.20 +20 16,081.70
428 Employee wages 371,126.50 377,382.60 374,504.90 400,094.90 394,083.70 390,354.30 403,423.90 +9 32,297.40
2,066,367.70 2,102,747.40 2,188,110.50 2,206,411.40 2,188,617.70 2,194,550.50 2,197,195.70 130,828.00
Retired civil servants
43 Pension payments and the like. 819,509.10 868,842.60 897,287.80 927,180.10 951,355.20 1,019,458.60 1,050,018.40 +28 230,509.30
446 Aid for pension recipients and the like. 112,416.80 127,603.00 135,534.20 140,656.00 150,132.70 163,768.40 166,305.20 +48 53,888.40
931,925.90 996,445.60 1,032,822.00 1,067,836.10 1,101,487.90 1,183,227.00 1,216,323.60 284,397.70

While the state of Schleswig-Holstein does not have to bear any further costs for retired employees, there are additional costs for retired civil servants. However, these are up to 30 years later than the savings that accrue through lower pay during their active time (relative to employees).

The following applies to employees and active civil servants, judges, etc.

  • The salaries of active civil servants rose by 5 percent from 2008 to 2014, the salaries of white-collar workers by 9 percent.
  • At the same time, grants to active civil servants increased by 20 percent.

The following applies to retired civil servants, judges, etc.

  • During the same period, pension payments for civil servants rose by almost 30 percent.
  • However, benefit recipients' aid rose by almost 50 percent.

The Ministry of Finance of the State of Schleswig-Holstein formulates in the financial plan of the State of Schleswig-Holstein:

"The serious increase took place from 1997 onwards as a result of the recruitment practice in the public service in the 1970s."

While the Schleswig-Holstein Ministry of Finance is taking countermeasures against rising personnel costs by downsizing by 10 percent, the state can practically not counteract rising costs for retired civil servants.

Church officials

The Protestant and Catholic Churches are religious societies under public law in Germany . This gives them the right to have civil servants (employer ability). However, the state civil service law is not applicable to religious communities and their associations according to § 135 BRRG .

The employers of the pastors and church officials are the regional churches ( ev. ) Or the dioceses ( rk ) or their legal subdivisions. These have issued their own civil service regulations. In many cases, these refer to the relevant federal or state laws. This also applies to the salary regulations. In the Protestant regional churches, the governing body consists of theological and non-theological members. Some of the non-theological members are church or senior church councils who are church officials.

The other religious communities that are corporations under public law, e.g. B. the Israelite religious communities or some Protestant free churches , do not know the institution of the church official. However, they are equally permitted by the state to establish civil servant relationships through corresponding church law regulations.

See also

literature

  • Olaf Baale : The administrative army . How officials ruin the state. Deutscher Taschenbuch Verlag, Munich 2004, ISBN 3-423-24412-7 .
  • Sabine Mecking: “Always loyal”. Municipal officials between the Empire and the Federal Republic (= Villa ten Hompel writings, Volume 4). Klartext Verlag, Essen 2003, ISBN 3-89861-161-2 .
  • Karl Megner: Officials. Economic and social-historical aspects of the Imperial and Royal Civil Service. 2nd Edition. Verlag der Österreichischen Akad. Der Wiss., Vienna 1986, ISBN 3-7001-0685-8 (Studies on the History of the Austro-Hungarian Monarchy, Volume 21).
  • Matthias Pechstein: Career law in the federal and state levels . 2nd Edition. dbb Verlag, Berlin 2011, ISBN 978-3-87863-173-6 .
  • Hans-Walter Scheerbarth, Heinz Höffken, Lutz Schmidt, Hans Joachim Bauschke: Civil service law. 6th, completely revised and expanded edition. Verlag W. Reckinger, Siegburg, 1992, ISBN 978-3-7922-0057-5 (standard work on civil service law in Germany).
  • Helmut Schnellenbach, Jan Bodanowitz: Civil service law in practice . 9th edition. 2017, CH Beck, ISBN 978-3-406-68723-5 .
  • Dieter Schütz: Between class awareness and trade union orientation. Officials and their interest groups in the Weimar Republic. Baden-Baden 1992.
  • Rudolf Summer (ed.): Documents on the history of civil service law. Bonn 1986.
  • Achim Weber: Civil service law. Beck, Munich 2003, ISBN 3-406-50467-1 (Check your knowledge, volume 30).
  • Stefan Werres: Civil Service Constitutional Law. Rehm-Verlag, Munich 2011, ISBN 978-3-8073-0267-6 .
  • Stefan Werres, Marius Boewe: Civil service law - guidelines for practice and study on the basis of the federal civil service law. , 2nd, updated edition. dbb-verlag, Berlin 2010, ISBN 978-3-87863-152-1 .
  • Manfred Wichmann, Karl-Ulrich Langer: Public service law. The civil service and labor law for the public service. 8th edition. Kohlhammer, Stuttgart 2017, ISBN 978-3-555-01910-9 .

Web links

Wiktionary: Official  - explanations of meanings, word origins, synonyms, translations
Wikisource: Official  - Sources and full texts
Wikiquote: Officials  - Quotes

Individual evidence

  1. ↑ a b c d H. Maurer: General Administrative Law, 18th edition, Verlag CH Beck: § 21.
  2. ↑ see also § 2 BeamtStG on the status of employer beyond the federal level
  3. ↑ Successful lawsuit: disabled teacher can become a civil servant. In: Spiegel Online . September 19, 2013, accessed January 21, 2017 .
  4. ↑ Old- age benefits as a component for modernizing the public service. Federal Ministry of the Interior, for construction and home , accessed on 30 August 2019 .
  5. ↑ Detlef Esslinger: New law - civil servants can now resign. In: sueddeutsche.de . July 8, 2013, accessed January 21, 2017 .
  6. ↑ Moritz: What you should know about retirement benefits for civil servants. In: montagsfieber.de. Retrieved August 30, 2019 .
  7. ↑ Federal Statistical Office , Series 14, Series 6, 2004.
  8. ↑ Central service regulation 64/10. (PDF) In: rk-suedeifel.de. Bundeswehr, accessed on December 28, 2018 .
  9. ↑ This assignment is an example and only applies when it comes to federal officials. In the case of state or local civil servants, other career group titles may be relevant.
  10. ↑ Ordinance on grants in the event of birth, illness, care and death (State aid ordinance NRW - BVO NRW) , last amended by ordinance of December 16, 2016 (GV.NRW. P. 1196), came into force on January 1, 2017
  11. ↑ BBHV administrative regulation (PDF)
  12. ^ Judgment of June 17, 2004 , Az. 2 C 50.02, full text and press release.
  13. ↑ BVerfG, decision of March 20, 2007 , Az. 2 BvL 11/04, full text.
  14. ↑ BVerfG, decision of September 19, 2007 , Az. 2 BvF 3/02, full text.
  15. ↑ BeckOK, BeamtStG: BeamtenR Bund / Leppek . 18th Ed. November 15, 2019, Section 36 marginal no. 19th
  16. ↑ Michael Bröcker: Pension costs rise to 7.1 billion euros ( Memento from May 23, 2010 in the Internet Archive ) at RP online , February 20, 2009.
  17. ↑ Federal Constitutional Court confirms ban on strikes for civil servants
  18. ↑ Officials and strike on dbb.de.
  19. ^ Budget Schleswig-Holstein 2007/2008 ( memento from April 7, 2014 in the Internet Archive ), Budget Schleswig-Holstein 2009/2010 ( memento from 7 April 2014 in the Internet Archive ), Budget Schleswig-Holstein 2011/2012 ( memento from 7 April 2014 in the Internet Archive ) April 2014 in the Internet Archive ) and Budget Schleswig-Holstein 2013 ( Memento from 7 April 2014 in the Internet Archive )
  20. ↑ Financial plan of the state of Schleswig-Holstein ( Memento from April 7, 2014 in the Internet Archive )
  21. ↑ Heinold: State government consolidates plannable and reliable, criticism of the State Audit Office irrelevant ( Memento from May 8, 2013 in the Internet Archive )