State civil servant laws (Germany)

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Civil servants of the German states and municipalities are subject to the legislative competence of the respective state legislature.

Federal regulations for state and local officials

Fundamental questions of the civil servant status were regulated in the (nationwide) civil servants law framework law until 2009 . This was replaced on April 1, 2009 by the Civil Service Status Act, which regulates only a few issues. In addition, until the federalism reform in 2006, the right to pay civil servants ( Federal Pay Act ) and civil servant pension (retirement, see Civil Servant Supply Act ) nationwide, also for state and local civil servants , was the sole legislative competence of the federal government.

Additional country skills after the federal reform

The federalism reform mentioned above has allowed the federal states since September 2006 for their civil servants to have independent regulations on civil servant salaries and civil servant pensions that differ from the above-mentioned federal regulations. By January 1, 2014, the federal states had for the most part enacted their own state regulations, but in some cases only by transposing the federal salary and civil service law into state law with largely the same content (most recently in North Rhine-Westphalia with effect from June 1, 2013). The trade unions therefore fear a relapse into legal fragmentation before the unification of civil service law in 1971. There has already been a south-north divide in salary law, which sometimes makes the difference between an entire salary group (e.g. in comparison between Bavaria and Berlin ).

Original state law regulations

Otherwise the state civil servant laws already contained precise regulations. Questions about career , working hours, vacation, secondary employment , disciplinary law, assistance in the event of illness (or in the case of police and fire brigade officers of the voluntary welfare service ) and, since 2003, special payments ( Christmas bonus , vacation bonus ) are governed by state laws and regulations as well Administrative regulations regulated.

These regulations in all countries are similar, but not identical. The greatest differences can be seen in the working hours, the deductibles of the subsidy regulations , also known as cost-containment lump sums, and in the annual special payments ( Christmas bonus / vacation bonus ). The regulations can be found in the special payment laws, state salary laws and disciplinary laws as well as in the subsidy regulations, the vacation leave regulations , special leave regulations , secondary work regulations , working time regulations , overtime regulations and supplementary regulations and administrative regulations that exist for all federal states.

Employee representation

The staff representation for the state and municipal civil servants (but also the local employees) are also regulated by state laws.

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Legal texts