Guideline of the state of Brandenburg on the filling of jobs and posts

The guideline of the state of Brandenburg for filling jobs and posts (occupation guideline) is an administrative regulation for the direct Brandenburg state administration that regulates whether and how vacant positions may be filled.

The main objective of the guideline is to primarily place employees who are already permanently employed in the Brandenburg state service in vacant positions. This is to ensure that the downsizing anchored in the personnel requirement planning for the Brandenburg state administration can actually be implemented.

At the same time, the guideline is intended to ensure that the claims of the collective bargaining employees for job security can be enforced in accordance with the collective agreement on measures to accompany the restructuring of the Brandenburg state administration .

Even if it is an administrative regulation - i.e. internal law - a violation of the directive can have an impact on the legality of recruitment procedures in the Brandenburg state administration. B. could be judicially reviewed in the context of a competitor lawsuit. In addition, the criminal offense of breach of trust in accordance with Section 266 of the Criminal Code can be fulfilled if a new person is hired externally by a state authority without the consent of Central Personnel Management in accordance with Section 7 of the Directive.

scope

Pursuant to Section 1, the guideline applies to all procedures for filling service posts, positions and temporary employment positions (positions) for which the state government is responsible. The state parliament, the state audit office and the state commissioner for data protection and the right to inspect files can apply the guideline.

Positions are excluded

for presidents, vice-presidents, chancellors, professors, junior professors, academic and artistic staff and, when concluding fixed-term contracts, for academic staff at universities,
which are filled with political officials, officials on probation or on a temporary basis,
At scientific and artistic universities that are financed from third-party funds, as well as for positions in contract research, if the grant notification legally ruled out that personnel who are already working in the state service can be used,
for judges and prosecutors,
for teachers and other educational staff in schools,
for government spokespersons and deputy government spokespersons as well as press spokespersons for the ministries, office managers and personal advisers to the Prime Minister, the ministers and the state secretaries when concluding fixed-term contracts,
for trainees, candidates and trainee lawyers,
which are initially occupied for a limited period for a maximum of twelve months and for the extension of employment contracts by up to twelve months.

Appointment procedure

Sections 2 to 6 are intended to ensure that vacant positions are primarily filled with internal employees who are already permanently employed in the national service.

Priority of internal replacements

On the one hand, § 2 stipulates that vacant positions that fall within the scope of the guideline must be reported to the central personnel management. On the other hand, it follows from §§ 5 and 6 that vacancies are always only to be offered to employees who are already working in the national service.

This can be done by means of an expression of interest (§ 5) if the position is to be filled with equal priority (exercise of the right of direction ). In this case, the new post holder must not be a promotional post within the meaning of civil service law, nor may a collective bargaining employee be upgraded. If, on the other hand, it is a matter of a promotion post or should a higher grouping be possible, then an internal job advertisement must be carried out (§6).

External new hires

In principle, external recruitment is only possible if internal recruitment has failed (Section 7).

However, an advertisement and an external new hiring are permitted if the Central Personnel Management, in agreement with the Ministry of the Interior, have previously approved the advertisement or the external hiring. The staffing guideline itself does not regulate which criteria must be met in order for such approval to be granted.

However, Section 5 of the Law on Financial Policy Guidelines and Requirements of the State of Brandenburg must be observed. There it is regulated that personnel management measures, in particular promotions, the transfer of higher-quality activities and staffing are only permitted in those business areas in which the personnel budget was not exceeded in the previous year and insofar as the personnel budget for the period of medium-term financial planning is not exceeded. New hires and permanent employment contracts are generally only permitted in those business areas in which the achievement of the departmental job savings targets according to the personnel requirement planning is foreseen. The Ministry of Finance can allow exceptions to these restrictions.

Temporary positions

Section 8 of the staffing guideline facilitates the conclusion of new temporary employment contracts if

the employee is to be used to represent another employee for up to three years (Section 14 Paragraph 1 Number 3 TzBfG) or
the time limit is based on a court settlement (Section 14 Paragraph 1 Number 8 TzBfG) or
the position should be filled with trainees for up to 24 months after completion of the training.

In the three cases mentioned, the approval of the Central Personnel Management is not required to conclude the new employment contract.

Come into effect

The occupation guideline came into force on May 19, 2010 when it was published in the Brandenburg State Gazette. It replaced the previously applicable guideline of the state of Brandenburg on the filling of vacancies of November 29, 2005 (OJ p. 1082), amended by a resolution of the state government of July 1, 2008.

Central personnel management

The Central Personnel Management (ZP) of the state administration provided for in the occupation guideline is located in the Ministry of the Interior of the State of Brandenburg. In the case of recruitment procedures , it works together with the Personnel Office (SP) in the Ministry of Finance, especially when it comes to determining the need for external recruitment because an internal appointment has failed. Central personnel management is headed by Steffi Kirchner.