Transfer (service law)
According to civil service law, a transfer is the permanent transfer of another office in the abstract-functional sense to another agency with the same or another employer . In the service rights of soldiers , the displacement is command for non-temporary service in another department (military departments of the unit sebene upwards as well as civilian agencies) or at another place of employment .
Officer
Transfer
The transfer is an administrative act and can therefore be challenged with an action for avoidance . For federal civil servants, the transfer is regulated in Section 28 (2) of the Federal Civil Service Act (BBG). The transfer of a state or local civil servant from one federal state to another or to the federal administration is regulated with effect from April 1, 2009 in Section 15 of the Civil Service Status Act.
The civil servant can be transferred within the area of an employer if he requests it or if there is a business need. As an indefinite legal concept, the concept of service needs is fully subject to judicial control without any scope for judgment. For a transfer to another employer, more urgent business reasons are generally required. In any case, it affects the basic relationship that the civil servant entered into with his service obligation. A transfer to a lower-paid office is only possible in exceptional cases, for example when authorities or parts of them are dissolved. The civil servant is then usually entitled to an allowance that compensates for the difference to the previous salary ( Section 13 of the Federal Salary Act (BBesG)).
The transfer (unlike in some cases the implementation within the same department) requires the approval of the respective staff council .
Retirement transfer
The civil service relationship ends with retirement. ( § 13 No. 4 BBG) This takes place in the event of incapacity ( § 44 ff. BBG) or upon request ( § 53 BBG). ( § 54 BBG) The retirement transfer is an active measure of the authority.
Political officials can be given temporary retirement .
It must be distinguished from retirement , which occurs by virtue of the law. In the case of civil servants for life, this is the case at the end of the month in which they reach their respective age limit. For those born after 1964, this is the completion of the 67th year of life. ( Section 51 BBG)
Civil servants who have not yet fulfilled the waiting period of five years under pension law cannot be retired or entered, but must be dismissed. ( Section 29 (1) No. 2 BBG; Section 50 BBG)
Delimitations
The implementation is to be distinguished from the transfer . This means the transfer of a different office in the abstract-functional sense, usually with a different area of responsibility within an authority at the same or a different place of work. In the case of officials on revocation who do not yet hold an office in the abstract-functional sense, an implementation is often referred to as an allocation .
Assignments according to § 29 BBG or § 123a BRRG are made to a position that does not have the status of an employer, for example to the private sector or to an international organization .
A secondment is the temporary assignment (in full or in part) of a civil servant (for federal civil servants : Section 27 BBG) to another agency of the same or another employer , whereby the employment relationship with the previous agency and the permanent position are maintained.
soldiers
Transfer
The principle that soldiers can be relocated at any time is essential to maintain the operational readiness and combat strength of the armed forces and is of particular importance for personnel management based on this . For professional and temporary soldiers, it is part of the voluntarily assumed duties and the essential content of their military service . In principle, the soldier has no right to a specific use or use at a specific location . Compelling business reasons must ultimately take precedence over all others.
Transfer takes place ex officio , at the request of the soldier or the superior for official or private reasons. Service reasons exist if a post is to be filled, the expansion of the soldier's assignment and / or the promotion of the soldier requires a transfer, the soldier's post is discontinued or has been redeployed, the post is required for another soldier, the soldier does not meet the performance requirements or is not suitable for the post or a burden on the business can only be remedied by transfer. The expected duration of use should be indicated.
Travel costs according to the Federal Travel Expenses Act (BRKG), relocation allowance (UKV) according to the Federal Moving Costs Act (BUKG) and / or separation allowance (TG) according to the separation allowance ordinance (TGV) are generally granted. An exception is the transfer for purely private reasons.
Transfers are generally ordered in writing by the Federal Office for Personnel Management of the Bundeswehr .
In contrast to civil servants, soldiers who are to be employed at a different place of work for more than just temporary services while retaining their previous post are always transferred.
Retirement transfer
A professional soldier retires - by law - at the end of the month in which he has reached the general age limit ( Section 44 Soldiers Act (SG)). This is basically 62 years, except for generals and colonels 65 years ( § 45 para. 2 SG)
A professional soldier can be retired at the end of the month (active measure by the HR department) in which he exceeded the special age limit. This is the normal case. The special age limit is between 55 years for professional NCOs and 62 years for generals. ( Section 45 (2) SG) The professional soldier must continue to be retired if he is unable to work. ( Section 44 (2) SG)
Professional officers from Brigadier General (or equivalent) upwards can, analogously to political officials, be put into temporary retirement at any time. ( Section 50 (1) SG)
Entry into and retirement also requires that professional soldiers meet the waiting period of five years. ( Section 44 (5) SG)
Delimitations
Soldiers are not transferred, but commanded if they are to temporarily perform service at another agency while retaining a position in the position plan. The commanding corresponds to the delegation for officials and judges.
The business trip is differentiated from the commanding insofar as the latter basically changes the disciplinary authority and the purpose is the general service .
A change of post is the order for not only temporary service in the same office and at the same place of work.
See also
literature
- Hellmuth Günther: "Changes to the functional office: transfer, delegation, implementation". In: ZBR . 1978, p. 85 ff.
