Residence obligation (occupation)
Under Residenzpflicht is understood that members of certain professions , such as doctors , psychotherapists , officers , soldiers , notaries , lawyers and pastors must have their place of residence to be chosen so that it near the workplace is located or within their office district.
history
The origins of the Residenzpflicht lie in the general estate law. It was first formulated in 1735 in a decree of the Prussian King Friedrich Wilhelm I. For civil servants, the residence obligation was formulated in the Prussian General Land Law of 1794. After that, officials were not allowed to leave their assigned place of residence without permission from a superior . This resulted in the obligation to live at the place of work, which in some cases still has an impact today.
Cases for residence obligation
doctors
A contract doctor or contract psychotherapist , for example, must be able to reach his practice within a short time in an emergency . In the wake of the shortage of country doctors , the residence obligation that had been customary until then was lifted in many places. However, the presence requirement continues here.
Bishops
The head of a Roman Catholic diocese is a bishop. This has full jurisdiction and is therefore also called diocesan bishop to distinguish it from the titular bishop (auxiliary bishop). He is obliged to reside in his diocese (can 395 CIC ).
Officials, soldiers and notaries
The current soldiers' law (for soldiers ) and the civil service laws of the federal and state governments do not have a residence obligation. However, there is an obligation to live in shared accommodation. This particularly applies to the start of training .
The superior can instruct the officer or soldier to move into his home at a certain distance from the office. This can be ordered if it is officially necessary. By way of example, there are arrangements that an official resident it must be assumed that he by public transport of transport can reach the office. According to modern legal understanding, the superior can only issue such an instruction with the participation of the staff representatives .
From the residence obligation and the obligation to take one's apartment in such a way that the performance of his official business is not impaired, there is also the obligation to notify the office of the apartment and a change of residence.
As far as special official circumstances so require, officials and soldiers can be instructed to stay in the vicinity of the office during the off-duty period . The staff council has no right of participation here either . This arrangement is termed “ on-call duty ”.
In principle, the notary also has to take the center of his life at his office .
Individual evidence
- ^ Residence obligation of Catholic pastors according to the CIC: Can. 533 §1 : "The pastor is obliged to have his residence in the rectory near the church"
- ↑ Rechtsanwälte Wienke & Becker, Cologne: Federal Social Court: Duty of the contract doctor to reside liberalized ( Memento from December 3, 2008 in the Internet Archive )
- ↑ Paragraph 72 of the Federal Civil Service Act: Choice of apartment
- ^ Kolja Kröger: Bavaria relaxes the residence obligation for police officers. In: Merkur Online . August 13, 2009, accessed December 29, 2015 .