Subsistence allowance (civil servant)

Food allowance is money that is made available to an Austrian civil servant for the purpose of obtaining food. For years there has been a legal dispute between the civil service representative and the Austrian Ministry of the Interior about the amount of food allowance.

General information

One is considered to be a “self-supporter” during community service. This means that one is (or must be) “viable” without financial support from parents. Since it is, however, in the civil service, which has the state to provide for the support of civil servants. Every civilian service provider is entitled to food and drink during their service. This can either consist of natural catering (e.g. meals in the canteen) or allowance for meals (as e.g. with the Austrian Red Cross ). It is also possible to “mix” both types of catering.

This is stipulated in the Austrian Civil Service Act:

§ 28 (1) ZDG: “The legal entities of the facilities must ensure that those doing community service are adequately fed. (...) "

development

Regulation until 2000

Up until the year 2000, the civil servants received food vouchers that could be used to pay in supermarkets and restaurants. A daily amount of 155 schillings (€ 11.27) was made available to the civil servants.

Regulation in 2000

In 2000, the meal allowance was canceled without replacement, but the monthly flat-rate payment was increased from € 171 to € 265. 163 civil servants had the Austrian Ministry of the Interior issue notices of their payment and contested them. The Constitutional Court found the civil servants to be right. Those civil servants who lodged a complaint with the Constitutional Court did not immediately receive an additional payment of the required 112 schillings per day (€ 8.14). Initially there were two comparison offers from the Austrian Interior Minister of ATS 37 per day and a little later ATS 80 per day. According to the Interior Ministry, more than 100 civil servants accepted the latter offer. The remaining 55 former civil servants continued to claim the full amount. Attempts were made to demand additional payment from the state by means of a so-called "Article 137 action". That action was dismissed and the plaintiffs were ordered to take administrative action.

As a result, there was a new comparison offer. The Interior Ministry was now ready to pay the required ATS 112 per day, plus 4% interest on arrears per year. In addition, the civil servants' legal fees were paid for.

The settlement offer was accepted by all 55 former civil servants. They were the only ones to receive the full supplementary payment of a total of ATS 155 per day.

Regulation since 2001

With the ZDG amendment 2001, the fixed requirement of the amount of the daily food allowance was changed to “adequate food”. On the part of the Ministry of the Interior and on the part of the community service representatives, there are very different views as to the amount from which ZDL are now adequately fed. Since 2001, most institutions have only paid around six euros per day. This amount is shown as sufficient in a report commissioned by the Ministry of the Interior ("Pfannhauser report"). The civil servants rely on a ruling by the Constitutional Court, according to which an amount between € 11 and € 14 is sufficient for adequate food.

VfGh decision on November 15, 2005

On November 15, 2005, the VfGh ended the long-standing legal dispute between the civil service representative and the Ministry of the Interior with the judgment that six euros a day is far too little. The constitutional judges cite an amount of EUR 13.60 as a reference value for the adequacy of the catering - this corresponds to the amount that a soldier receives when he leaves the garrison location as ordered.

A dispute arose between the Austrian Ministry of the Interior and the sponsoring organizations about who would have to pay for the additional payment and the future additional costs resulting from this decision. The expected back payments are in the two to three-digit million range.

Flat rate remuneration from 2015

With effect from March 1, 2015 ( Federal Law Gazette II No. 42/2015 ), the basic remuneration for community service providers (Section 25a, Paragraph 2, Item 1 ZDG) was set at 313 euros. The surcharge on the basic remuneration (Section 25a, Paragraph 2, Item 1 ZDG) is EUR 171.50.

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