Regulation of the Federal Minister for Women and Public Service for the occupation of posts and for the promotion of internal mobility (Occupation Ordinance 2012)

Pursuant to Section 3 (2) of the Official Services Act 1979 (BDG 1979), BGBl. No. 333, Section 2a (1) of the Contract Law Act 1948 (VBG), Federal Law Gazette (BGBl). No. 86 and the species. VII of the Judge and Public Prosecutor's Service Act (RStDG), BGBl. No. 305/1961, as last amended by the Federal Law of the Federal Republic of Germany (BGBl). I No 140/2011, shall be:

Objective and definition

§ 1. (1) It is the objective of this Regulation to attract persons as early as possible to the Federal Service for the occupation of posts.

(2) In the case of posts with civil servants, the appointment shall be understood as a post office.

Section 1

Occupation of posts with federal staff (internal mobility)

Assent to the occupation

§ 2. Permission to fill a post with one or a federal staff member shall be granted unless otherwise specified in this section.

No general agreement

§ 3. No general consent is given in accordance with § 2,

1.		for the occupation of posts
a)			the General Administrative Service of the Working Group A 1 in the functional groups 7 to 9 and of the evaluation groups v1/5 to v1/7,
b)			the Executive Service of the Working Group E 1 in the functional groups 8 to 12,
c)			The Military Service of the use group M BO 1 in the functional groups 7 to 9 and the use group M ZO 1 in the functional group 7;
2.		from the field of judges for the occupation of posts relating to
a)			The President, the Vice-President, the Vice-President, the President of the Senate, the President of the Senate and the Court of Justice of the Supreme Court and the Administrative Court,
b)			President or President of the Higher Regional Courts and
c)			President or President of the Asylum Court
d)			President or President of the Court of First Instance;
3.		from the field of public prosecutors for the occupation of posts relating to
a)			General Procurator or General Procurator, First Advocate General or First Advocate-General and Advocate General and Advocate General,
b)			Senior State Attorney and Chief Public Prosecutor,
c)			Senior prosecutor and senior prosecutor,
d)			Senior prosecutor and senior prosecutor of the Public Prosecutor's Office for the Prosecution of Economic Criminal Matters and Corruption (WKStA) and
e)			Prosecutor or public prosecutor in the central administration of the Federal Ministry of Justice;
4.		in the field of teaching staff and supervision of schools
a)			Transfer to the use groups S 1, SI 1, L PH or to the remuneration group l ph,
b)			Transfer to the use group SI 2;
5.		in the field of postal and telecommunications authority management for the filling of posts in the PF 1 use group;
6.		if the occupancy of a post is in the form of a transfer to another grade or to another remuneration scheme, with the exception of the transfer of II l to I l in accordance with § 42g of the VBG.

Filling of posts in connection with truth-functions and § 113e GehG

§ 4. (1) No general consent in accordance with § 2 shall be made when filling a planning point in the valency of the truth-functional group according to § § 141, 141a, 145b, 152b or 152c BDG 1979 and the simultaneous use at jobs below this True Function Group.

(2) No general consent pursuant to § 2 shall be made in those departments in which an organizational change has been carried out in accordance with § 113e GehG

1.		in the case of the occupation of a job, which has a lower rating than the posts occupied by the staff member,
2.		for the occupation of a post with a staff member whose use is higher than the previous level of remuneration in accordance with § 113e GehG after the change of organization, as long as staff members are present in the context of this change of organisation, the use of which is lower than their level of classification.

Assent to promotions

§ 5. Consent for the appointment to the next higher service class shall be granted if the conditions specified in the Appendix are available. The consent shall apply on condition that the carriage shall be carried out with a 1. Jänner or 1 July. The job quality and the previously traded transport practice must be taken into consideration.

Section 2

Occupation of posts with non-federal staff

Reservation of consent

§ 6. (1) The occupation of a planning office with a person who is not a staff member or a staff member of the federal government requires the prior consent of the Federal Chancellor or the Federal Chancellor pursuant to § 3 (1) BDG 1979.

(2) In the case of the filling of posts in accordance with paragraph 1, consent can only be granted in individual cases,

1.		if there are no suitable candidates available in the career database (§ 20 Tendering Act 1989-AusG) or with the support of the mobility management of the Federal Chancellery, and
2.		if, according to § 20 AusG, no suitable candidates have applied for a candidate's search for a candidate in accordance with § 20 of the German Federal Foreign Office.

(3) The consent in accordance with paragraph 2 is to be granted upon request already after the federal candidate search is completed and before it is started with the search of applicants who are not staff of the federal government (anticipation).

(4) The provisions of paragraphs 2 and 3 shall not apply

1.		in the case of the filling of posts subject to a tendering procedure in accordance with § § 2 to 4 of the German Foreign Law
2.		with regard to the filling of posts relating to school inspectors and school inspectors of the use groups SI 1 and SI 2 in accordance with Art. 81b B-VG.

General agreement for the admission of non-federal staff

§ 7. A general agreement in accordance with § 6 (1) for the filling of posts with non-federal staff is granted for the admission of

1.		Judges of the judiciary,
2.		Aspirants and aspirants for the Executive Service,
3.		Officials in the M ZCh use group,
4.		Teachers, excluding use and remuneration group L PH and l ph,
5.		Contract staff members of the Federal Ministry of European and International Affairs who have passed a selection procedure in accordance with Section 13 of the Federal Act on the tasks and organisation of the Foreign Service Statute,
6.		Staff in Cabinets of a Federal Minister or of a Federal Minister or in the office of a Secretary of State or of a Secretary of State or in the office of a supreme body of the Federal Government, listed in § § 5, 6 or 8 (1) of the Law on the Law of the Federal Republic of Germany.

Section 3

Data and reports

Data to be enclosed

§ 8. (1) The application for consent to the filling of a planning body shall be accompanied by the text of the invitation to tender or notice on which the occupation is based.

(2) In the application for consent to the filling of a post in accordance with Section 6 (3) (preliminary agreement), the results of the search for applicants from the Federal Service shall be presented in particular. The final occupation of the post office is to be communicated to the Federal Chancellor or to the Federal Chancellor.

Reports

§ 9. (1) By 31 March of one year, the Federal Chancellor or the Federal Chancellor shall report all the occupations of the planning points of the previous calendar year which have been carried out with the general agreement in accordance with § § 2 and 7.

(2) The Federal Chancellor or the Federal Chancellor shall report to all staff members on a quarterly basis on the dates 31 March, 30 June, 30 September and 31 December,

1.		the status of the law on which it is based on the classification into a truth function,
2.		which receive a supplementary allowance in accordance with § 113e GehG.

(3) The Federal Chancellery shall make available appropriate forms for the applications and reports provided for in this Regulation in electronic form.

Section 4

Final provisions

References to other legislation

§ 10. To the extent that this Regulation refers to other legislation, the provisions of this Regulation shall apply in the version in force.

Repeal of the Planjobs Ordinance 1999

§ 11. With the entry into force of this Regulation, the Regulation of the Federal Minister of Finance shall accede to the consent to the occupation of certain types of posts, BGBl. II No 168/1999, except for force.

entry into force

§ 12. This Regulation shall enter into force on 1 April 2012.

Heinisch-Hosek