Loyalty relationship

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In Germany civil servants and soldiers are in a loyalty relationship with their employer . The loyalty relationship going with a service relationship along. Employment and loyalty relationships are the typical characteristics of a civil service or military service relationship and characterize a special status. The loyalty relationship obliges and entitles the employer and civil servant or soldier reciprocally. It is not a unilateral duty of loyalty.

General

As a rule, the exercise of sovereign powers is to be assigned to members of the public service who are in a public law loyalty relationship ( Article 33 (4 ) of the Basic Law ). The loyalty relationship is one of the traditional principles of the professional civil service , taking into account the law of the public service is to be regulated and developed ( Article 33 (5 ) of the Basic Law ). Civil servants have a public service and loyalty relationship with their employer (civil servant relationship; Section 4 BBG ; Section 3 (1) BeamtStG ). The state and soldiers are linked to one another by mutual loyalty ( Section 1, Paragraph 1, Sentence 2 SG ).

Every civil servant and soldier is in a loyalty relationship, regardless of their specific activity ( intervention or performance management, management, official or staff assignments), the type of employment relationship ( civil servant relationship for life , on probation , revocation and for a limited period as well as professional soldiers and Temporary soldiers ) or working hours ( full-time , part-time , leave of absence ).

Civil servants 'and soldiers' duty of loyalty

The duty of loyalty resulting from the loyalty relationship goes beyond a performance owed in an employment contract and also beyond the mere advocacy of the free democratic basic order . With the establishment of the loyalty relationship, the civil servant or soldier brings his entire personality into the legal relationship. In particular, he must accept restrictions on his freedom of action. It is not just about the restriction of freedom of action through the direct obligation to provide services. Rather, other basic rights are necessarily restricted by the loyalty relationship. Soldiers and special groups of officials (e.g. fire brigade , police ) may also have to accept restrictions in their physical integrity .

Civil servants and soldiers are obliged to restrain themselves in political activities and abroad, to maintain secrecy , to approve secondary employment and not to accept any rewards or gifts.

Civil servants have a basic duty to serve the whole people and not one party. You also have the duties to perform their duties impartially and fairly to perform their duties for the public to devote himself full personal commitment to their profession, their delegation office disinterested in good conscience to perceive their supervisor to advise and assist to carry out their official orders and to follow their general guidelines , to bear full personal responsibility for the legality of their official actions, to take their home in such a way that the proper conduct of their official business is not impaired.

The soldier has the duty to serve the Federal Republic of Germany faithfully and to bravely defend the rights and freedom of the German people ( Section 7, Paragraph 1, Sentence 2 SG ), the so-called basic duty of the soldier . He swears or vows this in an oath of service or in a solemn pledge ( § 9 SG ). The military duties also include the duties as a superior, the duty of obedience , camaraderie , truth , respect for respect, respect and trust, health maintenance, as well as living in communal accommodation and taking part in communal catering based on special orders.

The breach of duty is a disciplinary offense .

Duty of loyalty of the employer

The downside of the loyalty of civil servants and soldiers is that the employer has a duty of care within the framework of the loyalty relationship . He is responsible for the well-being of civil servants and soldiers as well as their families, also for the time after the termination of the employment relationship ( § 78 sentence 2 BBG ; § 45 sentence 1 BeamtStG, § 31 paragraph 1 SG ). The employer is also obliged to provide alimentation .

To care and Alimentation include salary , travel allowance, relocation allowance , separation allowance , allowance , pension , survivors , accident and housing assistance . Certain civil servants are also granted free medical care and uniforms .

For soldiers belong in addition to care and Alimentation of the employer free medical care in the form of unpaid troops medical care , the provision of uniforms and equipment, accommodation, meals, professional promotion , Eingliederungs- and registration certificate , Übergangsgebührnisse and -beihilfe , compensation payments , supply in to military service , military chaplaincy , Social service of the Bundeswehr , troop psychologists , home societies, family care centers, leisure offices, set-up times and other diverse measures of care.

Public service workers

Employees in the public service (collective bargaining employees ) are not in a loyalty relationship, but in an employment relationship under private law . About the in employment owed work performance , they are the employer under no obligation.

Individual evidence

  1. a b Maximilian Baßlsperger: The service and loyalty relationship of the civil servant. In: https://www.rehm-verlag.de/ . October 1, 2017, accessed October 1, 2019 .