171. Ordinance of the Federal Minister for Justice on the Conduct of grades as usage designations in the Justice Department (Department of Service)

Pursuant to Section 145a (3) and (4) of the Official Services Act 1979 (BDG 1979), BGBl. No. 333/1979, as last amended by the Federal Law Gazette (BGBl). I No 65/2015, shall be arranged:

Grade of service in the E1 usage group

§ 1. (1) The following grades of service are provided for the officials of the Executive Service in the E1 area of use in the Justice Department:

Function Group	Service Level	Abbreviation
12	General	Gl
11	Generallutnant	GenLt
10	Major Major	GenMjr
9	Brigadier	Bgdr
8	Top	Fruit
7	Top	Fruit
6	Oberstleutnant	Orchard
5	Oberstleutnant	Orchard
4	Major	Mjr
3	Captain	Hptm
2	Upper Lieutenant	Oblt
1	Upper Lieutenant	Oblt
Basic runway	Leutnant	Lt

(2) By way of derogation from the grades referred to in paragraph 1, the following levels of service shall be provided for officials of the Executive Service in the following uses, provided that these officials are lower than those of a lower grade. Function Group belong:

Usage	Service Level
Head of the Department of Executive, Supervision, Construction and Security in the Penal Code and in the execution of deprivation of freedom from the Federal Ministry of Justice	General
Deputy Head of the Executive, Supervision, Construction and Security Division of the Executive Office and the Federal Ministry of Justice in the enforcement of free-of-freedom measures	Brigadier (from the salary level 15 major)
Head of the Academy of Criminal Law	Brigadier
Head of department or head of department in the Academy of Criminal Law	Top
Head of a training centre or deputy head of a department head or head of department in the Academy of Criminal Law	Major (from salary level 15 Oberstleutnant)
Head or head of a judicial institution in functional groups 8 and 9	Brigadier
Head of a judicial institution up to function group 7	Lieutenant colonel (from salary level 12 colonel)
Deputy or Deputy Head of the Head of a judicial institution	Major (from salary level 12 Oberstleutnant)
Head of department or head of a judicial institution	Major (from salary level 15 Oberstleutnant)
Department head or department head of a judicial institution	Captain (from the salary level 15 major)

(3) By way of derogation from paragraph 1, in the event that an official or a civil servant of category E1 is entrusted with a workstation of function group 4 or higher of category A1, the degree of service for that official or of those officials shall be: Brigadier is intended to be used as a designation of use; for a civil servant or an official of category E1, who is entrusted with a job in function group 3 of category A1, up to salary level 11 is the degree of service Lieutenant Colonel and from the salary level 12 of the rank of service Oberst are provided.

Grades in the E2a, E2b, E2c and W2 use groups

§ 2. (1) For officials of the Executive Service in the categories E2a, E2b and E2c in the Department of Justice, the following grades are intended to be used as usage designations:

1.		in the use group E2a:

Function Group	Service Level	Abbreviation
7	Chefinspector	Chief Insp
6	Chefinspector	Chief Insp
5	Inspector	KontrInsp
4	Department Inspector	AbtInsp
3	Department Inspector	AbtInsp
2	District inspector	BezInsp
1 from salary level 12	District inspector	BezInsp
1 to salary level 11	Group Inspector	GrInsp
Basic runway	Group Inspector	GrInsp

2.		in the use group E2b:

Salary Level	Service Level	Abbreviation
from 12	Group Inspector	GrInsp
4 to 11	Revierinspector	RevInsp
1 to 3	Inspector	Insp

3.		in the use group E2c:

Function Group	Service Level	Abbreviation
Basic runway	Aspirant	Asp

(2) By way of derogation from paragraph 1 (1) (1), in the event that an official or a civil servant of the group E2a is entrusted with a working group A2 to function group 4, the degree of service for that official or of these officials shall be: Control inspector provided as a designation of use; for a civil servant or an official of a group of uses E2a, who is entrusted with a job of group A2 from function group 5 or group A1, the Service level chief inspector provided.

(3) Justician commanders in judicial institutions shall, by way of derogation from paragraph 1 (1), lead the degree of service of the next higher function group.

(4) In any case, the use designation of the Revierin inspector shall only be due to a total service period of six years, which is actually completed in the executive service.

(5) In any event, the designation of the group inspector should only be due to a total service period of ten years actually completed in the executive service.

(6) The provisions of paragraphs 1 to 5 shall apply to guard officers of the W2 use group with the proviso that they shall be subject to the provisions applicable to the executive staff of the E2a and E2b use groups.

Degrees of service when used abroad

§ 3. (1) The officials of the Executive Service used abroad in the E1 area of use in the Justice Department may be authorized to carry the lieutenant colonel for the duration of such use, provided that this is done in accordance with the international exercise is necessary for the performance of its function and it does not already have the same or a higher level of service under other provisions of this Regulation.

(2) The civil servants of the Executive Service of the Working Group E1 in the Justice Department, who are in accordance with § 1 of the Federal Constitutional Law on Cooperation and Solidarity in the posting of units and individuals abroad (CFE BVG), BGBl. I No 38/1997, as amended, may be granted for the duration of that use to have a higher degree of service until major major general, who is responsible for the exercise of a function within the the organisational structure of an international mission is necessary, provided that it does not already have the same or a higher level of service under other provisions of this Regulation. The authorization to conduct Major General Major is granted only for the performance of the function of the Head or Head of an international mission, and only to the extent that this function requires this degree of service. The contingent commanders may be granted the right to carry that grade which is equal to the degree of service of the deputy or deputy of the quota commander or the Contingent commander of the next higher is.

§ 4. If an official or an official of the Executive Service is sent in the application groups E2a, E2b, E2c or W2 in the Justice Department according to § 1 KSE-BVG in the applicable version, the following shall apply:

1.		The official shall be responsible for the duration of the posting, unless a higher indication of the use is made in Section 2 of the Staff Regulations.
a)			in the case of the E2a group of uses, the use designation of the department inspector and
b)			in the case of the E2b use group, the designation of the Revierin inspector.
2.		By way of derogation from Z 1, the Federal Minister of Justice may, on the basis of a special use of the official or of the official in the context of the posting, grant a higher designation of use.

§ 5. In so far as legal consequences are linked to the collection of certain degrees of service in service or remuneration law, the officials of the executive service referred to in § § 3 and 4 shall be deemed to be of the same degree of service as the should have been due to them on the basis of their domestic service.

General provisions

§ 6. Officials of the Executive Service are in the female form (Section 63 (2) BDG 1979), as far as this is possible in the language.

§ 7. (1) The degree of service as a designation of use shall be preceded by an appointment or an open-ended means of betting. Temporary uses, such as those on project workplaces, shall be without prejudice to the degree of service, with the exception of uses abroad within the meaning of § § 3 and 4.

(2) The degree of service shall be determined on the basis of the function group, function group and salary level or in the cases of § 1 para. 2, § 2 para. 3 and § 4 Z 1 as a result of the function directly from this regulation. A separate authorization or authorization is required to perform a higher grade of service during use abroad in accordance with § 3.

§ 8. If a civil servant or an official of the Executive Service in the Justice Department is assigned a job with a lower level of service than the previous one, the previous degree of service can only be continued if the official or the official the reasons for the amendment are not themselves to be represented.

§ 9. (1) On the occasion of the transfer or transfer to retirement, the officials of the Executive Service in the Justice Department may be awarded the next higher grade of service provided for their use group, instead of their grade, without that legal consequences are linked in terms of service or employment law.

(2) The Executive Officers of the retirement age shall have the right to conduct the degree of service to which they are guided-taking into account any award of the next higher grade pursuant to paragraph 1-at the time of the translation or retire of retirement. In doing so, they have to add "in retirement" ("i.R. ") to the degree of service.

§ 10. All the rules on the management of grades provided for in this Regulation do not result in any changes in remuneration law or in relation to the valuation and allocation of jobs (§ 143 BDG 1979).

§ 11. The provisions of this Regulation shall not affect the reporting obligation to superiors, which shall be regulated in the applicable version of the Rules of Management.

Entry into force and transitional provisions

§ 12. (1) If, on the date of entry into force of this Regulation, an official or an official was entitled to a higher rank or title on the basis of earlier provisions, in particular on the basis of the Regulations referred to in Article 13 (2), In accordance with this Regulation, the official or official shall continue to carry out this higher grade or title until a higher grade of service is provided for as a designation of use under the provisions of this Regulation. This shall not, however, apply in the event of a change or change of use, which the official or the official himself has to represent.

(2) By way of derogation from paragraph 1, the official or the official shall, in cases of a higher grade of service during a posting pursuant to § 1 KSE-BVG in the respectively applicable version or any other use abroad, only lead the higher grade of service further, as provided for in that rule, on the basis of which it was authorised, entitled or obliged to carry out the higher grade.

§ 13. (1) This Regulation shall enter into force on 1 July 2015.

(2) The Regulation of the Federal Minister for Justice on the management of grades as usage designations in the executive service of the E1 in the justice department, BGBl. II No 335/2007, as last amended by the BGBl Regulation. II No. 121/2014, and the ordinance of the Federal Minister of Justice on the management of grades as usage designations in the executive service of the judiciary for the use groups E2a, E2b and E2c as well as W2, BGBl. II No 248/2006, will expire on 30 June 2015.

Brandstetter