State Salary Act

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A state salary law (sometimes only salary law with the addition of the federal state to the name ) is the legal regulation in a federal state of the Federal Republic of Germany for the salary ( alimentation ) of state officials and regional judges as well as municipal officials.

Until the federalism reform in August 2006, the remuneration of civil servants and judges who are not in federal service was subject to competing legislation in accordance with Article 74a of the Basic Law in its then version . The federal government had largely exhausted the regulations through the Federal Salary Act.

The salary law for state and municipal employees is now state law . While the existing state salary laws have only received minor, supplementary regulations, the federal salary law is now being successively replaced by independent state regulations in the individual states and will only continue to apply until these are passed. Most of the federal states have already made extensive regulations. Most recently, on July 1, 2016, North Rhine-Westphalia converted its old state salary law and a (federal) salary law that has meanwhile been transferred to state law into a completely separate state salary law.

The salary law of the federal states has to observe the provisions of the Civil Service Status Act and the Basic Law , in particular its Article 33, which gives constitutional status to the “consideration of the traditional principles of the professional civil service ”. In this regard, the Federal Administrative Court declared in its judgment of February 27, 2014 that the federal and state pay legislators are constitutionally prevented from decoupling civil servant pay from the income trend expressed in the collective bargaining agreements (Az. 2 C 1.13).

Since the federal reform, the pay tables of the federal government and the individual federal states derived from the salary laws have diverged significantly. This resulted from the salary legislation, which in recent years was only partially oriented towards the level of the public service, partly due to the reduction, but also due to the inclusion of previous special payments (“ Christmas bonus ”) in the monthly table wages in some countries. At the beginning of 2014 there was a difference of up to one grade between the best and the worst paid civil servants in the individual countries (in otherwise identical classifications).

Example: Annual gross earnings in 2014 including special payment for a civil servant in grade A 11 , final level, single without children:

  • Baden-Württemberg: 48,313.98 euros
  • Berlin: 41,839.84 euros.

Web links

Individual evidence

  1. Prohibition of strikes under civil service law continues to apply; Legislators must resolve the conflict with the European Convention on Human Rights. Press release of the Federal Administrative Court No. 16/2014 of February 27, 2014. On BVerwG.de, accessed on November 26, 2019.
  2. Archived copy ( Memento of the original dated February 8, 2014 in the Internet Archive ) Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice. Salary tables of the federal and state governments. @1@ 2Template: Webachiv / IABot / www.dbb.de