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In Germany, a position is shown in the establishment plan of a budget of the respective administrative body according to office and salary group for a natural person in a public service relationship ( civil servant , soldier or judge ). For a post shown in this way, budget funds are made available for the payment of salaries . The position corresponds to the " position " for employees at public employers.


A permanent position in the public administration is a position approved by the Budget Act and filled or vacant in public authorities , other offices or public companies . There staff is not managed according to the available budget, but according to permanent positions. The creation or filling of positions is therefore not dependent on the respective income situation. This very budget-specific procedure arose in the personnel area from the special status that civil servants enjoy under German public service law . The principle of lifelong employment, the duty of care of the employer and the provision of civil servants and their relatives usually result in payment obligations lasting for decades, which even have an effect beyond the death of the post holder. The hiring of a civil servant usually has a significant financial impact on the household of his employer. The permanent position creates the authorization for this over the entire period of the employment relationship, without the need for the otherwise usual obligation for expenses .


This post procedure is also used for public service employees . Permanent posts may only be set up for tasks that can be carried out by establishing a civil servant status (performance of sovereign tasks ) or for tasks that, in order to safeguard the state or public life, may not be assigned exclusively to persons who are employed under private law ( § 5 BBG ; § 3 Abs. 2 BeamtStG ) and which are usually permanent tasks ( § 17 Abs. 5 BHO). The assessment of permanent positions is to be made in the budget according to salary groups and official titles ( Section 12 (6) HGrG; Section 17 (5) BHO).

The positions and positions listed in the budget are shown in the position overview. The employment relationship of a civil servant on probation or for life may only be established if there is a vacant post in the corresponding or a higher salary group ("value"). The number of individual positions in the position overview must never be exceeded. If there are still free funds available for hiring another civil servant (for example because posts have remained vacant and therefore personnel expenses have been saved), this does not entail any authorization to recruit another civil servant beyond the specified number of positions in the overview. The total number of civil servant positions shown in the list of positions may not be exceeded at any time (no annual average).

According to § 3 Abs. 2 HGrG claims or liabilities are neither justified nor canceled by a budget plan. The budget is therefore not a legal basis for third parties to invoke in the event of claims or liabilities against the state. An applicant cannot justify employment in the public service with the fact that there are vacant posts in the budget. The personnel decision requires a previous organizational decision, so that Article 33, Paragraph 2 of the Basic Law only regulates the manner in which offices are filled.


From an organizational point of view, service posts are the permanent combination of tasks to be performed by one person. From a budgetary point of view, service posts must be reduced to one post. The personnel requirements that are required to carry out certain tasks in a service are measured in service posts. Tasks that fully utilize a civil servant are evaluated in posts. As the basis of the organizational structure, permanent positions are, under budget law, the authorization to employ and pay people. The number and type of vacant posts are determined by budget law, (executive) organizational power and the budgetary principles of economic efficiency and frugality ( §§ 6, 19 Paragraph 2 HGrG ).

Position in the organizational sense

The terms permanent position (for persons in a public-law employment relationship) and position (for persons in a private-law employment relationship) in the budgetary sense must be distinguished from the term "position" in the organizational sense. A position in the organizational sense means the specific workplace or post in which an employee or civil servant works in an authority. Accordingly, a job advertisement does not offer a position or position in the budgetary sense for filling, but a job or a post in the organizational sense.

Private sector

The concept of a post has also become common outside the public sector. In organizational terms, positions are the individual positions in a company that are specifically linked to an organizational unit and to which certain tasks are assigned based on a job description .


In Austria, the full-employment equivalent is used as a measure to determine the federal staffing capacity.

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Individual evidence

  1. ^ Siegfried Magiera / Heinrich Siedentopf, The Law of the Public Service ... , 1994, p. 198
  2. Robert F. Heller, Budgetary Principles for the Federal, State and Local Government , 2010, p. 343