Assignment (right)

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In German law, an assignment is the permanent or temporary assignment of a civil servant or a public service employee to another employer under private law.

definition

Civil service law

According to civil service law, the assignment is the permanent or temporary assignment of a civil servant to another employer under private law who does not have the capacity to be an employer , whereby the civil servant may only be assigned an activity that is appropriate or equivalent to his office and the employment relationship with the previous agency is maintained remains. In principle, the assignment requires the approval of the civil servant.

Civil servants of an agency that is wholly or partially converted into an institution organized under public law without the capacity to serve as an employer or an institution organized under private law can be assigned an activity corresponding to their office at this institution without their consent, if public interests so require.

There are special regulations for civil servants at the postal successor companies Deutsche Telekom AG , Deutsche Post AG and Deutsche Postbank AG . According to Section 4 of the Post Personnel Law Act, the permanent assignment of an activity corresponding to the office is permissible even without the consent of the civil servant if it is a company whose shares are wholly or majority owned by the stock corporation (subsidiary) or this company (sub-subsidiary). All other assignments are only possible with the approval of the official.

The legal status of the civil servant remains unaffected.

Collective bargaining law

In the official / operational or public interest, employees in the public sector can be temporarily assigned an activity that is at least equally remunerated with a third party with their consent. Consent can only be refused for an important reason.

The legal status of the employees remains unaffected.

Legal basis

The legal basis for federal civil servants is Section 29 of the Federal Civil Servants Act (BBG). For civil servants of the federal states (and municipalities) there are regulations up to March 31, 2009 in Section 123a of the Civil Service Framework Act (BRRG), from April 1, 2009 in Section 20 of the Civil Service Status Act . For civil servants at the post office successor there is a regulation in Section 4 (4) of the Post Personnel Law Act with special requirements.

According to § 4 collective agreement for public service (TVöD) (and TV-L ) and salaried employees (formerly can workers and employees ) of the public service of the service or operational reasons with continuation of the existing employment relationship are assigned to other departments, not covered by the collective bargaining law civil service fall.

Involvement of the staff council or the works council

Allocations are subject to the codetermination of the staff council and, in the case of civil servants of the postal successor companies, the codetermination of the works council . ( Section 76 (1) No. 5a of the Federal Personnel Representation Act (BPersVG), Section 28 PostPersRG)

According to Section 5, Paragraph 1, Clause 3 of the Works Constitution Act, assigned civil servants (and employees) are entitled to vote actively and passively for the works council of the company to which they are assigned. For the postal successor companies, the regulation can be found in Section 24 (3) of the Postal Staff Law.

Legal protection

The assignment is an administrative act ( Section 35 of the Administrative Procedure Act ). Before the assignment, the official must be given the opportunity to comment on the intended assignment within the framework of a hearing ( Section 28 of the Administrative Procedure Act). The assignment must contain instructions on legal remedies ( Section 58 Administrative Court Regulations ).

See also

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literature