Arrangement of the Executive Board of the Federal Employment Agency (Bundesagentur für Arbeit) on the delegation of powers in the field of civil servants, supply and disciplinary law

Unofficial table of contents

BAVorstBeamtRuaAnO 2008

Date of completion: 22.07.2008

Full quote:

" Arrangement of the Executive Board of the Federal Employment Agency on the transfer of powers in the field of civil servant, supply and disciplinary law of 22 July 2008 (BGBl. I p. 1405) "

Footnote

(+ + + Text proof: 30.7.2008 + + +) 

  

Unofficial table of contents

Input formula

After

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Section 387 (2) of the Third Book of the Social Code-Labour Promotion-, Article 1 of the Law of 24 March 1997 (BGBl. 594, 595), as defined by Article 1 (4) (a) of the Law of 19 July 2007 (BGBl). 1457), and

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Section 388 (2) of the Third Book of the Social Code-Employment Promotion-which was last amended by Article 1, No. 222 of the Law of 23 December 2003 (BGBl. 2848),

in conjunction with

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Section 49 (1), second sentence, of the Staff Regulations of Officials, as amended by the Notice of 16 March 1999 (BGBl. 322, 847, 2033),

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Section 172 of the Federal Civil Service Act, as amended by the Notice of 31 March 1999 (BGBl. I p. 675)

in conjunction with

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Section 126 (3) (2) of the Law on the Law of the Civil Service, as amended by the Notice of 31 March 1999 (BGBl. 654), as defined by Article 2 (4) (b) of the Law of 21 June 2002 (BGBl. 2138),

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Section 174 (3) of the Federal Civil Service Act,

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§ 83 (1) sentence 1 and 2 of the Federal disciplinary law of 9 July 2001 (BGBl. 1510) and

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Section 1 (1), first sentence, of the Ordinance on the Implementation of the Federal Disciplinary Code of the Federal Department of Labour and Social Affairs of the Federal Ministry of Labour and Social Affairs of 13 July 2006 (BGBl). I p. 1584)

in conjunction with

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§ 33 (5), § 34 (2) sentence 2, § 42 (1) sentence 2 and § 84 sentence 2 of the Federal disciplinary law

Orders the Executive Board of the Federal Employment Agency to: Unofficial table of contents

I. Transfer of powers for civil servants and officials of the Federal Employment Agency

1.

Appointment, dismissal and retirement

In accordance with Section 388 (2) of the Third Book of the Social Code, the Executive Board delegates to the Federal Employment Agency the power to appoint, dismiss and retire to the civil servants of the Federal Employment Agency, to which a service item with the evaluation of the Divisions A 2 to A 14 of the Bundesbesoldungsordnung A permanently transferred, including those up to the position

1.1

an agency for work on the managing directors or the chairpersons of the management of the agencies for work;

Exceptions to this

1.1.1

members of the business management of the agencies for work;

1.1.2

Civil servants, as far as they are assigned a post with the assessment of grades A 13 (Administrative Board and Administrative Board) of the Bundesbesoldungsordnung A or A 14 of the Bundesbesoldungsordnung A (Federal Rules of Remuneration).

The chairpersons of the management of the respective regional directorate are responsible for this group of people;

1.2

a regional directorate on the chairmen of the management of the regional directorates;

1.3

a special office of the Federal Employment Agency on the heads of the special services.

The delegation of these powers shall also apply to the representation in absentia.

2.

Service Post Transfer

The responsibility for post-transfer services is determined in accordance with point 1. The decisive factor here is the evaluation of the service item to be transmitted. This shall not affect any additional reservation of consent for the transfer of certain functions.

3.

Translation, secondation, allocation and implementation

The responsibility for transfers, secondments with the aim of transfer, secondments, assignments and conversions shall be determined in accordance with point 1, with the following measures:

3.1

The responsibility is based on the assessment of the service item to be transferred.

3.2

The staff measure shall be provided by the issuing office in agreement with the receiving service.

3.3

Dislocations, secondments with the aim of translation and secondments

3.3.1

are excluded from the delegation to the head office and to the supreme federal authorities;

3.3.2

Regional directorates for work are the responsibility of the regional directorates and, where appropriate, in agreement with the regional directorate responsible for the work of the agency responsible for work.

3.4

Secondments in the framework of measures relating to human resources development, including training and qualification, are the responsibility of subordinated departments in accordance with special instructions.

3.5

For the assignment of activities according to § 123a of the civil service law framework law in working groups (§ 44b of the Second Book of the Social Code), the managing directors or the chairpersons of the agencies ' management are responsible for the assignment of activities. responsible for work. The assignment of activities to officials to whom a post is transferred with the assessment of grades A 13 (Administrative Board of Directors and Board of Directors) or A 14 of Bundesbesoldungsordnung A shall be carried out by the Agencies for work in agreement with the regional directorates. Civil servants to whom a post with the assessment of grades A 15 of the Bundesbesoldungsordnung A or higher shall be transferred shall be provided by the Agencies for work in consultation with the Regional Directorates and in agreement with the Central assigned. This provision shall apply in the same way for secondability to working groups which, as legal entities of public law, have the ability to carry out their ability to act.

The delegation of these powers shall also apply to the representation in absentia.

4.

Powers of the supreme service authority

In accordance with Section 387 (2) sentence 2 of the Third Book of the Social Code, all the powers of the supreme service authority shall be transferred as follows:

4.1

All the powers that are transferable by legislation to subordinate authorities, to the managing directors or to the chairpersons of the business management of the agencies for work, the chairpersons of the management of the Regional directorates and heads of special services, in so far as they are responsible for appointment in accordance with the provisions of point 1; to the extent that only the transfer to directly subordinate authorities has been authorised, to the number of those responsible for the appointment, 1.1 group of persons referred to the chairpersons of the management of the Regional Directorates.

4.2

By way of derogation from the principle of point 2.1:

4.2.1

powers to take decisions relating to travel and removal costs in accordance with separate instructions to be received;

4.2.2

the following powers on the Head of the BA Service House or the Head of the BA Service

4.2.2.1

powers to take decisions on the basis of the rules on the granting of aid in the event of sickness, care, birth and death for all employees, as well as for beneficiaries of care;

4.2.2.2

Powers to take decisions in the field of supply law, with the exception of decisions pursuant to Section 31 (5) of the Staff Regulations of Officials.

In cases where, in accordance with Section 87 (2) of the Federal Civil Service Act (Bundesbeamtengesetz), Section 12 (2) sentence 3 of the Bundesbesoldungsgesetz (Bundesbesoldungsgesetz) and § 52 (2) sentence 3 of the Civil Service Act (Civil Service Act), the recovery of benefits for reasons of equity can be waited the approval of the supreme service authority shall be granted.

5.

Powers to decide on contradictions

The power to decide on inconsistencies in matters of civil service law shall be conferred on the chairpersons of the management of the regional directorates and the heads of the special services as far as they are or are subordinate departments responsible for the adoption of the administrative act and not having been remedied by the conflict.

6.

Powers in cases of action

The power to represent the Federal Employment Agency in the case of appeals from the officials ' relationship of the active as well as the former officials, the recipients of the care and the beneficiaries, shall be conferred on legal proceedings before the Administrative Court; and transfer the Administrative Court to the chairpersons of the Executive Board of the Regional Directorates and the heads of the special services, to the extent that they had to decide on the opposition. The authority to represent the Federal Employment Agency in appeal proceedings for supply compensation in accordance with § 1587a of the Civil Code before the Higher Regional Courts shall be transferred to the Head of the BA Service House.

7.

Powers under the Federal disciplinary law

Within the framework of the rights conferred on the Executive Board of the Federal Employment Agency for all civil servants of the Federal Agency as the supreme service authority within the meaning of the Federal disciplinary law, the powers-with the exception of the members of the Management of the Regional Directorates and of the Agencies for Work and for the Heads of the Special Services, as follows:

7.1

In accordance with Section 33 (3) (1) of the Federal disciplinary law, the power to fix the reduction of the remuneration to the maximum amount for the officials

7.1.1

the agencies for work on the managing directors or the chairpersons of the management of the agencies for work, in so far as they are responsible for the right of appointment in accordance with point 1, and also to the chairpersons of the management of the Regional directorates;

7.1.2

the regional directorates, with the exception of the members of the management board, to the chairpersons of the management of the regional directorates;

7.1.3

a special service up to and including grade A 14 of the Bundesbesoldungsordnung A (Bundesbesoldungsordnung) A to the heads of the special services.

7.2

In accordance with Section 34 (1) of the Federal disciplinary law, the power to impose disciplinary proceedings against officials and officials

7.2.1

the regional directorates and the agencies for work in the district of the respective regional directorate, with the exception of the members of the management board, to the chairpersons of the management of the regional directorates;

7.2.2

a special service up to and including grade A 14 of the Bundesbesoldungsordnung A (Bundesbesoldungsordnung) A to the heads of the special services.

7.3

In accordance with Section 42 (1) of the Federal disciplinary law, the power to decide on the contradictions of officials

7.3.1

to the chairpersons of the management of the respective regional directorate, to the extent that the regional directorate or its subdepartments are responsible for the adoption of the disciplinary action;

7.3.2

the heads of the special services, insofar as they are competent to adopt the provisions of the disciplinary procedure.

7.4

In accordance with § 84 sentence 1 of the Federal disciplinary law, the right to exercise the disciplinary powers with regard to retirement officials, to the managing directors or to the chairpersons of the management of the agencies for work, the chairpersons of the management of the regional directorates and the heads of the special services, insofar as they were responsible in accordance with points 6.1 and 6.2 at the time of the retirement.

The delegation of these powers shall also apply to the representation in absentia.

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II. Reservation

The head office can carry out the delegated powers in duly substantiated cases. The reservation shall be valid in relation to the regional directorates to the subordinated departments. Unofficial table of contents

III. Final provisions

This arrangement shall take effect on the day following publication.