Club supervisor
An association supervisor in Germany is an employee of a care association recognized according to § 1908f BGB , to which supervision according to § 1897 Paragraph 2 BGB has been assigned by the supervisory court . He is doing the same job as the self-employed supervisor , but has a different employment relationship.
In most cases, supervisors have a degree in social work / social pedagogy or are lawyers.
General
The club supervisor can only be someone who has an employment relationship with the supervisory club. The care association is obliged to provide qualified employees, to supervise them, to train them and to insure them within the framework of the supervisor's liability against damage that they could cause as part of the supervisory activity.
Approx. 2,500 club supervisors are currently (beginning of 2006) around 75,000 mentoring, that is about 7% of all mentoring. In 2004, club supervisors were appointed by the supervisory court 13,621 times for new supervisor appointments and 5,942 times after changing supervisors.
status
In principle, the same legal conditions apply to club supervisors as to other supervisors. In the appointment decision it must be expressly noted that the supervisor is appointed as an employee of the care association ( § 286 FamFG ). There is no introductory interview at the supervisory court for club supervisors ( Section 289 FamFG).
Club supervisors , like the next of kin, have the status of exempt supervisor , cf. Section 1908i Paragraph 2 BGB. This means that most of the approval requirements of the guardianship court do not apply to the investment of ward money ( §§ 1809, 1812 and 1816 BGB, cf. § 1857a BGB). They are also exempt from the annual accounting obligation ( § 1840 BGB) during the care .
The supervisory court can, however , withdraw the status of the exempt supervisor in individual cases; in such a case, the association supervisor is also obliged to fulfill the stated obligations. If a club supervisor has been appointed, the employer of this person can request his dismissal at any time. However, it is possible here that the supervision court instead orders that the previous association employee continues this supervision as an individual ( Section 1908b Paragraph 4 BGB)
Entitlement to remuneration
If a club supervisor is appointed, this person does not have a claim to remuneration. The supervisor is entitled to the supervisor's remuneration . In principle, the same remuneration is to be granted as for an independent professional supervisor ( Section 7 VBVG). In the event of discrepancies, only the club, not the club supervisor, is complained about and is therefore entitled to appeal .
The employee of the care association has salary claims against his care association as an employer. According to the case law of the Federal Labor Court, the activity as a club supervisor counts as a difficult activity according to the classification regulations for the social and educational service. This means a classification according to BAT IVb (or TVöD E 9), now according to TVöD SuE 12 (not according to pay group 14).
literature
- Coen: Supervision of the care association over association supervisors; NJW 1999, 535
- Deinert, working aid for care associations; 2nd edition, Frankfurt / Main 1996, ISBN 317-006713-3
- Deinert: New remuneration system for club supervisors; NDV 6/2005
- Formella: Dismissal of the care association with simultaneous appointment of an association supervisor; BtPrax 1995, 21
- Geistert, Ulrich: How many supervision can a club supervisor lead? BtPrax 1994, 2
- ders .: The club supervisor between claim and reality; DAVorm 1995, 1095
Web links
In-depth presentation in the online lexicon of care law with evidence of case law
Individual evidence
- ↑ OLG Hamm FGPrax 2000, 192 = FamRZ 2001, 253 = NJW-RR 2001, 651 = BtPrax 2000, 218, Regional Court Munich I FamRZ 2000, 321 = BtPrax 1999, 117.
- ↑ Federal Ministry of Justice , special survey on the procedure under the Care Act .
- ↑ cf. BayObLG BtPrax 2005, 37 = Rpfleger 2005, 84 = FGPrax 2004, 289 = FamRZ 2005, 133.
- ^ LG Koblenz FamRZ 2005, 1778.
- ↑ BAG BtPrax 1997, 32 = MDR 1996, 1043 (Ls) = ZTR 1996, 513 = NZA-RR 1997, 68 and 72 = Legal Service of Lebenshilfe 1996, 122.
- ↑ BAG, judgment of 14.3.019 - 6 AZR 90/18
