Use (service law)

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In German service law, use refers to the field of activity of a natural person who is in a public service and loyalty relationship .

Officer

In civil service law , a use is the occupation of an office by a civil servant . This staffing must meet the requirements of the job description and evaluation. Assignments are made by transferring to a vacant and vacant position on the position plan . A vacant position can also be filled with the use, for which the original official was not qualified (career & change). This is called a usage increase .

In principle, an official has no legal entitlement to a specific official assignment or assignment of specific official tasks. Rather, he must regularly accept changes to his official area of ​​responsibility through implementation or other organizational measures in accordance with his office in the sense of status law. The employer decides on the official use of the civil servant in accordance with the organizational requirements of the deployment of personnel at his dutiful discretion.

For an exception for particularly high-performing civil servants according to Section 27 of the Federal Career Ordinance (BLV), probation in two uses is a prerequisite. A change of employment within the meaning of Section 27, Paragraph 1 is a cross-departmental change as well as significant changes in the task structure.

soldiers

For soldiers of the Bundeswehr, use is the concrete fulfillment of a service position at a post . In the assessments, the performance of the soldiers must be presented in a comprehensible manner and suitability and qualifications for future assignments must be assessed ( Section 2, Paragraph 2 of the Soldiers' Career Ordinance (SLV)). If a person with a higher rank is to be hired, this rank depends, among other things, on the intended use in the Bundeswehr. ( Section 4 (3) sentence 1 SLV)

For members of the career of officers in the troop service, a range of uses instead of specialization is sought. Members of the career groups of the crews and NCOs of the Navy are assigned to usage series . Soldiers who take part in Bundeswehr missions abroad are in a "special foreign assignment".

The official assessment of the Bundeswehr receives statements on possible uses and proposed uses for subsequent use and uses in the future. The assessment of the possible uses includes management, staff and teaching assignments, uses with a special external effect and with special specialization and, if applicable, specialist uses.

In principle, a soldier has no right to a specific use. The employer decides on the use in accordance with the business needs at a dutiful discretion .

See also

Individual evidence

Web links

  • Use for an officer. A civil servant must regularly accept changes to his official area of ​​responsibility based on objective reasons, as long as he only has an officially appropriate area of ​​responsibility. In: https://www.rechtslupe.de/ . Praetor Intermedia UG (limited liability), June 3, 2009, accessed on August 25, 2019 .
  • The soldier - and his use. In principle, the soldier has no right to a specific use. In: https://www.rechtslupe.de/ . Praetor Intermedia UG (limited liability), September 5, 2017, accessed on August 25, 2019 .