Legal position of the official

Obligations of the official

As it were as basic facts the general serving and allegiance are posed against at the beginning of the Dienstpflichten of the official. The office is impartial to lead public interest-oriented and unselfishly. This refers also to the unofficial sphere. The official is obligated opposite its superiors - and thus in the long run in relation to the political guidance - to consultation, support and obedience. It has itself politically restrainable (straight with the assumption of political mandates), to dedicate the obligation to the office discretion and in principle its full worker that service gentlemen (a part-time work is in principle subject to approval). Equally may not be accepted rewards, titles and medals without permission of the service gentleman. Further obligations, as service clothes and servenear place of residence can in addition-step. The neglect of the Dienstpflichten can be punished as service passing according to the regulations of the Disziplinarrechtes. During deliberate or roughly negligent service passing, which led to a damage, the official is liable to recourse. It is questionable whether that official, to who in the context of a foreign use by the service gentleman a bail was granted for renting of dwelling must pay this bail back after back receipt on his part, or however whether he can raise the objection of the during late asserting of the amount by the service gentleman, without for it to be disziplinarrechtlich sued.

Right one of the official

Mirror-image to the serving and allegiance of the official exists the welfare service obligation service gentlemen and the arrangement of the official relationship as mutual loyalty relationship. Corresponds to the allegiance of the official the allegiance to service gentlemen opposite the official, who it away and damage turn must assist (for instance call damages), as well as a hearing and a duty of counselling has. Most important welfare service obligation is already the obligation following made of kind 33 exp. 5 GG for office-appropriate alimony. In addition counts the office-appropriate paying (see federal pay law, an old-age pension in the retirement (see official supplying law, the right on vacation (see the vacation regulations), on Krankenhilfe aid (see aid regulations), accident welfare service, damage to property replacement, on compensation for removal expenses and travel expenses. Service-legally the official is a right to insight into the personnel document, a testimonial, as well as a request and a complaint right.

Legal protection of the official

Because of the sovereign arrangement of the official relationship, obligations and rights of the individual official are on one side specified by the respective service gentlemen by act of administration. For the penetration of its rights and/or against loading acts of administration service gentlemen is open to the official first the request and complaint way. After exhaustion can be complained from the rights and/or obligations of the official relationship before the Administrative Court ("§ 126 BRRG official right framework law). To emphasize is competitor complaint, which makes possible for the official to be able to proceed against real or alleged preferences of a competitor around an office.

Personnel agency right

Within the range of public service gentlemen the industrial democracy act cut to the private sector and/or the law of codetermination does not apply. The participation of the officials - for officials, employees and workers equally - over personnel agency laws of the federation and the countries are ensured. For this at the respective authorities a personnel council is educated. In the personnel agency right rights of codetermination (decision may be made only with agreement of the personnel council) and rights of participation (personnel council is to take part) are to be differentiated. For conflicts an arbitration board is to be formed at the respective authority.

Special official conditions

To certain groups of officials apply special clauses, which overlay the general official right. To beamtete scientists (professors, scientific assistants) special clauses apply, since the official right is overlaid by the science liberty kind 5 exp. 3 GG. For example the instruction right is reduced, in order to ensure the science liberty. Also special arrangements apply to local polling clerks (mayor, land advice, assigning to), since official right and local legislation overlay here.

Developments of the official right

With the transfer of the special estates of the German Federal Railroads and the Federal Post Office into legals form under private law (corporation) no more officials are again adjusted there. Thus the existence of the active federal officials decreased/went back. Because of the different arrangement the work of service conditions in the public service gives it to demands from the range of the trade unions after a uniform industrial law in the public service and an abolishment of the civil service with tenure. Also - with consideration of the brought principles of the civil service with tenure - an official at the financing of the own old-age pension in the active service is discussed to take part (so far for this the Ruhestandsbeamten from the households of the legal entities of the public right are paid).

Also leaving only core ranges of the public service by officials provided thus e.g. police, law, financial administration is considered, excluding Ministerialverwaltung and similar core ranges and but different ranges (about no more Verbeamtung of teachers). Within the range of the municipal administrations officials represent already for a long time a minority of the persons employed. In the 90's the official laws were going by changed to only occupy leading positions within the official range with officials on time (at expiration an extension takes place, or the respective office-holder drops back to his Ursprungsamt). On the other hand officials are assigned on increasingly on the part of their service gentleman under private law organized enterprises ("§ 123a BRRG); this concerns in particular enterprises, at which the public hand holds the majority as an owner.

See also

public service, Personalvertretung, an official, collective agreement public service, TdL

Literature

• Ferdinand wind, Rudolf Schimana, Peter Wallerius: Public public service employment law. The official and industrial law for the public service, 3. Edition 1991. ISBN 3-555-00840-4
• Rudolf buzzer (Hrsg.): Documents for the history of the official right, Bonn 1986.

Related links

• Gesetzessammlung to the public service at the Federal Ministry of the Interior (www.bmi.bund.de)
• www.beamtenrecht-nrw.de
• Internet side of the German civil service association
• Official side of the united service trade union ver.di
• Federal official law (BBG)
• Federal pay law
• Official right framework law (BRRG)
• www.beamten-informationen.de information for an official (GEW)

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