A civil servant (female form woman official) is from the state or an other carrier of the public administration (the service gentleman) in a public serving and loyalty relationship of busy coworkers. He dresses a public office ("office-holders ").

This special legal relationship - also called official status - is regulated (in Germany) in the official laws of the federation and the countries. The service relationship is justified by appointment (document), not as with employees or workers by work contract (the official does not belong thus to the employees). With the time of handing the certificate of appointment out the applicant is a civil servant and is paid alimony, i.e. it receives thereafter service purchases (paying). The employment of the official for the perception of tasks is called "use ".

The official status is to guarantee that the administrations of federation, countries and municipalities to remain always functional and for example by strikes ""to become paralyzed not be able. Major task of the officials is the impartial perception of sovereign tasks, which are to be exercised to well-being of the public. Officials lead (legally specified) an office designation according to their allocation to a salary bracket (e.g. Fire chief, Legationsrat, Polizeikommissar, customs inspector, Ministerialdirigent, law being awake master, government office man) and if necessary a function name (e.g. Specialist, authority leader, registrar of births, marriages and deaths, fishery custodian, right male nurse etc.).

Germany

Official right

Right one of the officials (Germany)

The German officials have a special serving and allegiance the service gentleman opposite. But the service gentleman is obligated, among other things to his official in relation to to special welfare service to the office appropriate an alimony (paying) and support in the medical case (aid) as well as for the grant of an appropriate pension, in the legal language of pension payments mentioned, in the retirement.

Since the regulations are specified to paying and work time not by a collective agreement, but by law (federation and national paying law), these can be changed also on one side by the legislator, as e.g. in the last years:

• Shortening the special payment (called in the public usually falsely Christmas benefit) and the holiday pay around 40-60% in all countries and with the federation and/or complete cancellation (e.g. in Lower Saxony starting from salary bracket A9 and generally with the federation)
• Extension of the number of hours worked per week:

40-Stunden-Woche for officials in Rhineland-Palatinate, Lower Saxony, Hamburg and Schleswig-Holstein

41-Stunden-Woche for officials in North Rhine-Westphalia, Baden-Wuerttemberg and with the federation

42-Stunden-Woche for officials in Bavaria, Hessen and Thuringia.

The work time of officials in the remaining East German Lands of the Federal Republic always is at 40 hours per week.

The service gentleman transfers usually half the official developing disease costs (so-called aid), however with the federation and in many Lands of the Federal Republic under similar transmission of the effects of the health reform such as practice fee, fixed amount, selfkept etc. for the remaining costs must the official e.g. by conclusion of a private health insurance take precautions. In many Lands of the Federal Republic the disease costs of certain groups of officials (e.g. at police and fire-brigade) are carried completely by the service gentleman (free welfare welfare service).

The requirement on grant from pension payments becomes regularly with entrance into the retirement with reaching the age limit effectively, otherwise also with premature entrance into the retirement because of service inability. The height of these purchases is measured after the service purchases, those the official in its active time to have then been entitled last and the service, whereby (since 2003) for each service year 1.79375% as quiescent content set it is taken into account, whereby the maximum rate is with 71,75%. The disbursed pensions are to be taxed after "§ 19 Abs.2 EStG fully.

Officials have the right to lead their office and service designation also in the public. Some officials are obligated to wear in the service a uniform and/or service clothes if this is arranged.

The officials in vielem judges and soldiers are on an equal footing.

Obligations of the official

Officials must act after right and law (respect for the law). Instructions of superiors are in principle to obey (obedience obligation). However there is the right and the obligation to the Remonstration, if a civil servant means, an instruction is illegitimate. At the beginning of their career officials an oath of allegiance placing must. Offences against official obligations are punished in Disziplinarverfahren and procedures before the Administrative Courts.

Some citizen and employee rights are reduced (e.g. no right to strike, no tariff right). Even the basiclegal right to free expression of opinion is reduced for officials in the service (e.g. political manipulation). Furthermore behavior obligations exist also outside of the service, in order not to endanger the reputation of the state.

Officials are obligated, over their sphere of activity to inform at any time (duty to supply information).

The duty of counselling of the superior is a further component of the official obligations.

Paying

The height of paying depends on the federal pay regulation , which into different orders ("pay regulations "with salary brackets - BesGr) is divided:

• A: An official with ascending paying; Pay regulation A (a2 to A 16+Z)
• B: An official with firm paying; Pay regulation B (B 1 to B 11)
• C: scientific officials at universities (including the professors); Pay regulation C (c1 to C 4)
• R: Judge/state lawyers; Pay regulation R (g 1 to R 10)
• W: Professors including the junior professors (BesO C replaces); Pay regulation W (W 1 to W3)

From all pay regulations there is at present in each case a variant for west and/or East Germany.

In the pay regulations A and B are Stellenzulagen for many fields or functions intended (e.g. Diver, police extra pay, fire-brigade extra pay, first sergeant, air traffic control civil servant, motorist).

Problematic the height of paying can be in particular for officials of lower salary brackets. After the iurisdiction of the Federal Constitutional Court even is a payment, which is appropriate only for 15% over the achievements for people on social security to judge still as appropriate.

Training, career principle and service conditions of the officials

German officials are adjusted in a period of instruction as a candidate (an official on revocation), appointed after existed career examination the official to sample (civil servant for employment) and employed after completing one Probezeit as civil servants to lifetime, if her at least 27. Lebensjahr completed. A civil servant cannot quit, since no contractual employer-employee relationship exists. He can request however its dismissal.

Further forms of the official relationship are the official on time, for example with certain line functions (e.g. Chancellor at universities) or local polling clerks such as mayors and assigning to. Furthermore there are still the honour officials. These are officials, who exercise honorary a sovereign task. To their position certain special clauses apply. Commanders of fire-brigade of Freiwilliger fire-brigades e.g. are. An honour official.

With the political officials in such a way specified it does not concern a special form of the official relationship. This concerns officials on lifetime, who must stand on practice of their office in constant agreement with the fundamental goals of the government. Therefore such officials can be shifted at any time without closer reason into the provisional retirement ("§"§ 31 BRRG, 36 exp. 1 No. 1 BBG). Who belongs to this circle of acquaintances, are differently under Federal law regulated land and. Usually undersecretaries of state, heads of the provincial government belong and sometimes also to Ministerialdirektoren to this group. Sometimes also chiefs of the police are, very rarely also prosecutors general and leader of protection of the constitution authorities political officials.

In former times there were still the officials in the stand-by.

Articles in category "Civil servant"

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