Federal Civil Service Act

Original Language Title: Bundesbeamtengesetz

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Read the untranslated law here: http://www.gesetze-im-internet.de/bbg_2009/BJNR016010009.html

Federal Civil Service Act (BBG) BBG Ausfertigung date: 05.02.2009 full quotation: "federal civil servants act of February 5, 2009 (BGBl. I p. 160), most recently by article 1 of the law of March 6, 2015 (BGBl. I S. 250) has been changed" stand: last amended by art. 1 G v. 6.3.2015 I 250 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from: 12.2.2009 +++) the G as article 1 G v. DSDS I 160 out of the Bundestag decided. It is accordance with art. 17 para 11 of this G on the 12.2.2009 entered into force.

Table of contents section 1 General provisions § 1 scope article 2 Service Mr capacity § 3 definitions section 2 duties section 4 duties section 5 admissibility of the official relationship section 6 types of official relationship article 7 requirements of § 8 officials relations vacancy section 9 selection criteria section 10 appointment section 11 conditions of appointment for life § 12 jurisdiction and effective will be of the appointment of section 13 revocation of appointment article 14 withdrawal of appointment section 15 consequences of vain or redeemed appointments section 3 careers section 16 career article 17 admission to the careers section 18 recognition of career qualification pursuant to Directive 2005/36/EC and because in third countries of vocational qualifications article 19 other candidates and other candidates article 20 setting section 21 official evaluation section 22 transport section 23 carriage lock between two mandates § 24 leadership in sample section 25 discrimination prohibitions of § 26 Decree about careers section 4 secondment, transfer and allocation to § 27 detachment article 28 transfer § 29 assignment section 5 termination of officials under section 1 release article 30 grounds for termination article 31 dismissal power Act section 32 dismissal from compelling reasons article 33 dismissal request article 34 dismissal of civil servants on trial and officials on sample section 35
Dismissal of civil servants and officials in leadership posts to test section 36 dismissal of political officials on trial and political officials to test section 37 dismissal of civil servants on revocation and officials to revoke section 38 procedures of discharge section 39 follow the dismissal of section 40 retirement at elections or taking political positions article 41 loss of civil servants rights § 42 effect of recovery proceedings § 43 pardon under section 2 invalidity section 44 invalidity article 45 limited service capacity § 46 restore the service of section 47 process at invalidity section 48 medical examination of paragraph 49 retired at the civil servant to test for invalidity under section 3 retirement section 50 latency § 51 retirement due to reaching the age limit of § 52 retired at the request of § 53 postponement of entry into the retirement section 54 interim retirement article 55 interim retirement at organizational change article 56 commencement of interim retirement § 57 renewed appeal section 58 end section 59 interim retirement responsibility at retirement section 6 legal status of a civil servant subject subsection 1 General obligations and rights § 60 basic obligations § 61 duties , Act § 62 consequential duty 63 responsibility for the legality of article 64 oath, oath section 65 exemption from section 66 acts prohibition on the conduct of the service business section 67 confidentiality § 68 refusal statement approval section 69 opinion refund section 70 refer to the media section 71 ban of the acceptance of rewards, gifts and other benefits § 72 election of home § 73 stay duty section 74 uniforms section 75 duty to pay damages section 76 transition of a claim for damages against the third § 77 duties § 78 duty of care of the employer article 79 maternity protection , Parental leave and parental work section 80 aid in sickness, care and birth cases § 81 travel expenses article 82 moving expenses section 83 separation money § 84 anniversary donation § 84a recovery to much paid cash benefits § 85 service certificate § 86 official designations under section 2 working time section 87 work time § 88 overtime § 89 article 90 holiday holiday from other occasions, regional authorities and elected officials section 91 part-time § 92 Familienbedingte part time and leave of absence § 92a family care time § 93 semi-retirement § 94 obligations § 95 leave of absence without pay § 96 staying away from the service under section 3 an ancillary article 97 definitions § 98 Second jobs in the public service of § 99 approval auxiliary section 100
Exempt activities § 101 exercise of ancillary activities § 102 recourse for arranged an ancillary article 103 liability termination of ancillary activity associated with the main office § 104 Executive Decree regulations § 105 obligation after termination of the officials under section 4 personnel file Law § 106 personnel file article 107 access to the personnel file of section 108 aid Act § 109 consultation obligations § 110 right of inspection § 111 submission of personnel files and information on third § 111a collection and use of personnel files data on behalf of § 112 removal of documents § 113 retention period § 114 automated processing of personnel files data § 115 submissions in criminal section 7 official representation section 116 membership in trade unions and professional associations § 117 staff § 118 participation of acting section 8 federal personnel Committee § 119 tasks § 120 members § 121 status of members article 122 rules § 123 sessions and decisions section 124 evidence, information and assistance section 9 appeals and legal protection section 125 service way for applications and complaints section 126 Administrative law way section 127 representation of the employer § 128 delivery of orders and decisions section 10 special legal relations article 129 male and female civil servants of Supreme Federal bodies § 130 scientific and senior staff of universities of the Federal section 131 setting conditions non-system position like full-time scientific and senior staff of the universities section 133 labor law for university professors and teachers and scientific employees and coworkers § 132 honor officers and honorary officers section 11 reshuffle of local authorities § 134 reshaping a body section 135 legal consequences of transformation section 136 legal status of civil servants and officials of section 137 legal status of care recipients and care recipients section 12 voltage and defense case, usages in the foreign section 138 scope § 139 service in the defense case of section 140 postponement of discharge and retirement section 141 re appointment of retired civil servants and retired officials § 142 commitment for shared accommodation and overtime § 143 uses abroad section 13 transitional and final provisions § 144 authority of Supreme Federal authorities § 145 regulations, provisions of section 146 public religious societies § 147 transitional provisions section 1 General provisions section 1 scope this law applies to the civil servants and civil servants of the Federation, unless permitted by law otherwise.

§ 2 have Service Mr ability, the right to have civil servants and officials, the Federal Government and federal authorities, institutions and foundations governed by public law, that have this right at the time of entry into force of this law, or where it is awarded after that by law or on the basis of a law.

Section 3 definitions (1) highest service authority of the officer or official is the Supreme authority of an employer, in their Division, the officer or the officer perceives an Office.
(2) Service Manager or Service Manager is, who her or him is responsible subordinate administrators officers decisions on personal matters.
(3) Chief or supervisor is, who can submit work orders.
(4) the service vorgesetzten-and Chief property is determined after the building of the administration.
Section 2 duties section 4 civil service officials and officials at their employer in a public service and loyalty relationship (civil servant).

§ 5 admissibility of the official relationship that is calling in the civil servant only allowed to carry 1 public tasks or 2 tasks that can be transferred to the assurance of the State or public figures not only people, a private employment relationship are.

§ 6 types of official relationship (1) the civil servant for life serves the ongoing performance of duties according to § 5. It is the rule.
(2) the duties on time is allowed in legally very specific cases and the temporary performance of duties according to § 5. The regulations on the civil servant for life shall apply for the civil servant subject to time, unless otherwise determined by law.
(3) the civil servant subject to sample is the completion of a trial period 1 for later use on lifetime or 2 for transferring an Office with executive function.
(4) the civil servant subject to revocation is 1 the completion of preparatory service or 2 the temporary performance of duties according to § 5 (5) the honorary civil servant serves the free performance of duties according to § 5. It may not in an otherwise civil servant and such cannot be converted in an honorary civil servant.

Article 7 conditions of the ratio of civil servants
(1) the civil servant may appointed to be, who is 1 German or German within the meaning of article 116 paragraph 1 of the basic law or nationals of a) of another Member State of the European Union or b) another Contracting State to the agreement on the European economic area or c) a third State, the Federal Republic of Germany and the European Union have contractually given a corresponding claim on recognition of professional qualifications , owns, 2. ensures that at any time the liberal democratic order within the meaning of the basic law and 3 a to enter) possesses the qualifications prescribed for the appropriate career or b) the required qualifications acquired through life and work experience.
(2) if the tasks require only a German or a German within the meaning of article 116 of the basic law in a civil servant may be appointed.
(3) the Federal Ministry of the Interior may admit exceptions to paragraph 1 Nos. 1 and paragraph 2, if there is an urgent professional need for the appointment of the officer or official.

Article 8 (1) to be filled are vacancy to write out. In the recruitment of applicants, the tender must be public. The Federal Government may regulate exceptions to sentences 1 and 2 by means of an Ordinance.
(2) the nature of the tender in accordance with § 6 of the federal equal opportunities Act governs the Supreme Administrative authority.

§ 9 selection criteria the selection of applicants and applicants depends on suitability, competence and professional performance without regard to gender, ethnicity, race or ethnic origin, disability, religion or belief, political views, origin, relationships or sexual identity. Do not preclude the legal measures to achieve actual equality in the labour market, in particular quotas with individual assessment, as well as to encourage severely disabled people.

§ 10 appointment (1) an appointment we need to of 1 establishment of the official relationship, 2. transformation of the relationship of officials in one other way, 3 awards of other Office with other final basic salary and other official title or 4th ceremony of other Office with other official title when changing the category.
(2) the appointment is made by handing over a certificate of appointment. In the certificate must contain the words "under appeal in the civil servant" with the determined the nature of the relationship of officials addition "for life", "on trial", "on withdrawal" or"honorary officer" or "honorary civil servant" or "on time" with the indication of the length of time the appeal, 2nd in the conversion of the relationship of officials in such a different kind his 1 for the establishment of the official relationship the words referred to in point 1 and 3 at the ceremony of an Office be determined this way the official title.
(3) on the grounds of the relationship of officials on trial, life time and time, an Office is awarded at the same time.

§ 11 conditions of appointment for life (1) to the civil servant for life or to the officials for life may be appointed only who 1 that meets designated requirements in section 7 and 2nd has proved in a trial period in full.
A stringent standard applies to the determination of parole. The trial period lasts at least three years. The imputation of an equivalent activity can be provided to a minimum probationary period of one year. The Federal Government regulates the details, in particular the criteria and the procedure of determining parole, credit hours, as well as exceptions to the probationary period including the minimum trial period by means of an Ordinance.
(2) a civil servant on trial is to convert in one lifetime after five years at the latest, when the bibliographical conditions for this are met. The period can be extended by the time to to extend the trial period due to parental leave or a leave of absence under loss of remuneration.

§ 12 jurisdiction and effective are of the appointment (1) the Federal President or the President or one of her or him certain authority appoints the officers and officials, unless otherwise determined by law.
(2) the appointment becomes effective with the delivery of the certificate of appointment, if not in the Charter expressly a later date is determined. An appointment to a past time is illegal and ineffective in that regard.
(3) with the appointment of a private law employment with the employer goes out.

§ 13 cancellation of appointment (1) appointment is void if 1 it is not the form prescribed in section 10, paragraph 2, 2nd she was pronounced by a technically incompetent authority or 3 at the time of appointment a) pursuant to § 7 para 1 No. 1, no appointment could be made and no exception according to § 7 paragraph 3 was approved or b) the ability to perform public offices was not available.
(2) the appointment is regarded from the outset as effective, if 1 in the case of paragraph 1 number 1 from the document or from the file content clearly indicate that the body responsible for the appointment establish a particular civil servant, or an existing relationship of civil servants wanted to convert in such a different type, for which the other requirements are met, and that or the Service Manager in writing has determined this; the same applies, if the duration is missing, the duration is determined by legislation but, 2. in the case of paragraph 1 No. 2 confirmed the appointment of the competent authority, or 3. in the case of paragraph 1 No. 3 letter a an exception is subsequently approved according to § 7 paragraph 3.

§ 14 withdrawal of appointment (1) who is appointed to take effect for the past when 1 it by coercion, fraud or bribery was brought, 2nd was not known to the employer, that the appointed person of a criminal offence has been convicted and appears for this reason for the appointment to the duties as unworthy, or 3. the appointment pursuant to § 7 para 2 could be an exception according to § 7 paragraph 3 was not allowed and an exception not allowed will.
(2) the nomination should be withdrawn if the employer was not known, that against the appointed person in disciplinary proceedings at a distance from the civil servant or withdrawal of the pension was granted. This also applies if the decision against an official or an official of the European Union or of a State was taken pursuant to § 7 para 1 No. 1.
(3) the Supreme Administrative Authority takes back the appointment six months after she became aware of her and the reason of the withdrawal. The withdrawal notice is provided to the officer or the officer.

§ 15 legal consequences of vain or redeemed appointments the initial appointment is void or withdrawn, which or the Service Manager has to forbid any more perception of service shops. Nullity is the prohibition to speak until the competent authority, refused to confirm the appointment, if the exception is not allowed according to § 7 paragraph 3. The Office acts until the prohibition, or to the delivery of the Declaration of withdrawal are valid in the same way, as if an official or a civil servant would have executed. Paid salaries can be left.
Section 3 careers section 16 (1) a career career includes all the offices, the related and equivalent benefits and training require.
(2) the qualification for the career in which is to be set, changed or transferred from a different employer, is to determine and to inform the officer or the officer in writing. The same applies, if the officer or the officer as a result of the transformation of a corporation is adopted or violates law in the service of the host body.

§ 17 approval raceways (1) for admission to the careers become the programmes and their financial statements associated with the careers, taking into account the requirements associated with the carrier.
(2) for admission to the careers of the simple service are at least to claim 1 as the education prerequisite a) the successful visit of a Hauptschule or b) a level of education that is recognized as equivalent and 2 other prerequisite a) a preparatory service or b) a completed vocational training.
(3) for admission to the careers of the Middle service are at least to claim 1 as the education prerequisite a) the completion of a secondary school or b) the successful visit of a Hauptschule and a completed apprenticeship or c) the successful visit of a secondary school and a training in a public education or d) a level of education that is recognized as equivalent and 2 other prerequisite a) a preparation service closed with a career test or b) a content of completed vocational training requirements or c) a completed vocational training and a main occupation.
(4) for admission to the careers of the upscale service are at least to claim 1 as the education prerequisite a) an education grantor to a university or b) a level of education that is recognized as equivalent and 2 other prerequisite a) a preparation service closed with a career test or b)
a substance whose requirements corresponding University completed a Bachelor's degree or an equivalent qualification or c) study at University with a Bachelor's degree or an equivalent degree and a full-time job.
(5) for admission to the career paths of higher service are at least to claim 1 as the education prerequisite a) a completed a master degree or b) an equivalent degree, and 2. as other condition a) a preparation service closed with a career test or b) content corresponding to the preparatory service training and a content corresponding to the career assessment testing or c) a main occupation.
(6) before - and training, examination and other conditions must be suitable to provide the ability for the career.
(7) the Federal Government may allow exceptions to paragraphs 2 to 5 by regulation.

Article 18 recognition of career ability due to the Directive 2005/36/EC and in third countries of acquired professional qualifications (1) the career qualification may be also due to 1 of Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255 of the 30.9.2005 p. 22, L 271 from October 16, 2007, p. 18, L 93 of the 4.4.2008, p. 28, L 33 of the 3.2.2009, p. 49), most recently by the Directive 2013/55/EC (OJ L 354 of the 28.12.2013, p. 132) is has been modified, 2. a contract concluded with a third State, in which the Federal Republic of Germany and the European Union have given a corresponding claim on recognition of professional qualifications, or 3 a preparatory work in a public administration qualifications not covered number 1(c) in one of article 7 paragraph 1 third country has been acquired , to be recognised.
(2) the German language has to be controlled to the extent required for the performance of duties of the carrier.
(3) for individually attributable public services in proceedings for the recognition of career qualification referred to in paragraph 1, the competent authority charges fees and expenses to cover administrative overhead.
(4) the Federal Ministry of the Interior is authorized to determine the conditions and the recognition procedure and fee-based facts and the amounts of the fees by Regulation pursuant to paragraph 3.
(5) the vocational qualification assessment Act does not apply with the exception of article 17.

The federal personnel Committee or an independent Committee of certain notes § 19 other candidates and other candidates who has acquired the qualification for a career without the prescribed qualifications by life and experience.

Article 20 setting the setting in a higher office than the incoming Office of career is permitted with appropriate professional experience, or other qualifications, which were purchased in addition to the qualifications and professional experiences that are required for the recognition of career qualification. The further regulates the Federal Government by Decree.

Section 21 are official evaluation regularly to assess suitability, competence and professional performance of civil servants and officials. The Federal Government may regulate exceptions from the obligation to assess by means of an Ordinance.

Section 22 carriage (1) for transport apply which is the decision on the basis of official assessments, principles of § 9 may the end of the last reporting period to the date of the selection decision no more than three years behind.
(2) transportation, associated with a higher-order function, require a minimum six-month trial period.
(3) offices, which regularly to go through are according to the design of the carrier, may be skipped.
(4) a transport is not allowed before the end of year 1 since the civil servant subject to sample or 2 a) since the civil servant subject to lifetime or b) since the last promotion, unless they had not regularly go through the previous Office.
(5) before the change in a post of a higher grade is a corresponding qualification by examination to prove. The Federal Government regulates the conditions and procedure by regulation.
(6) the federal personnel Committee may admit exceptions to the paragraphs 2 to 4 if it does not regulate the Federal Government by Decree.

Section 23 carriage lock between two mandates set officials or civil servants, whose rights and obligations arising from a civil servant subject to rest or who are on leave without pay, their mandate in the European Parliament, in the German Bundestag or the legislature of a country down and they apply at this time once again for a mandate, the other Office with higher end salary and the transmission of other Office when changing a grade is not permitted. Sentence 1 shall apply accordingly for the period between two elections.

§ 24 leadership sample (1) an official with executive function is first in the civil servant on trial transferred to. The regular probationary period is two years. The Supreme authority of the service may allow a reduction, if before the expiry of the probationary period, a higher-order function is transferred or the function as a permanent representation of the Commissioner or the office holder was actually perceived at least six months. The minimum sample period is one year. Times in which the Executive or an equivalent function as judge or judge or officer or official of the Federal salary order B, was already transferred W or C, will be counted. An extension of the trial period is not allowed, unless, due to parental leave, minimum trial period could not be made. During leaves of absence in the interests may be waived by the probationary period. Section 22 par. 2 and 4 is # 1 does not apply.
(2) an official with executive function may appointed to be, who 1 is located in a civil servant subject to lifetime and 2nd in this Office as a civil servant for life or officer could be appointed for life.
With the appointment, the rights and obligations arising from the Office transferred last in the ratio of civil servants on lifetime with the exception of the obligation to maintain secrecy and prohibition of the acceptance of rewards, gifts and other advantages rest for the duration of the trial period. The official contract for life continues. Service offences are committed with reference to the civil servant subject to lifetime or the civil servant subject to trial, tracked so as the officer or the officer in the civil servant would be for life.
(3) the federal personnel Committee can allow exceptions to paragraph 2 sentence 1 if it does not regulate the Federal Government by Decree. Only a civil servant on trial is referred to in paragraph 1, the regular trial period is three years and the minimum probationary period of two years. The rules applicable to the officials on trial and officials to test the Federal Disciplinary Act remain unaffected.
(4) with successful completion of the probationary period, the Office will be transferred pursuant to paragraph 1 in the long term in the civil servant for life. A renewed appeal in a civil servant on trial for transferring this Office within one year is not allowed. Is the Office is not transmitted in the long term, the void on salaries from this Office. No further claims.
(5) offices within the meaning of paragraph 1 are B-6 and B 9 in the Supreme Federal authorities, as well as the salary order B belonging to offices of leaders and heads of other federal agencies and federal authorities, establishments and foundations under public law offices of grades if they have no judicial independence. The Office of the Director and the Director of the Federal Constitutional Court, as well as the offices associated with the functions of the Deputy Director and the Deputy Director of the Federal Council are excluded.
(6) civil servants and officials cause only the official title of the Office assigned to them pursuant to paragraph 1 during their time in the service. You are entitled to only these outside of the service. Is the Treasury transferred them pursuant to paragraph 1 does not in the long term, they may not continue the official designation pursuant to sentence 1 after being eliminated from the civil servant on trial.

§ 25 discrimination bans pregnancy, maternity and parental leave may in the setting and the vocational progress not be detrimental. This applies also for part-time work, tele-working and family-related leave of absence if not compelling factual grounds.

Section 26 authorized Decree about careers (1) which is a Federal Government by regulation in accordance with §§ 16-25 1 General rules on to the careers and preparation services of civil servants and officials and 2. Special provisions for individual careers and preparation services.
(2) the Federal Government can the authority paragraph 1 No. 2 Ordinance Supreme service authorities transferred.
Section 4 secondment, transfer and allocation to § 27 delegation (1) a secondment is the temporary transfer of an activity corresponding to the Office of the officer or the officer any other Department of the same or a different employer while retaining membership of the existing services. The detachment can be completely or partially.
(2) a delegation is possible whole or in part from interests to a corresponding not the previous Office activity, if the perception of the new activity due to the educational or vocational training is reasonable. This also the secondment to an activity is allowed, which is not an official with same final basic salary.
(3) the delegation requires the consent of the officer or official if it is 1 in the case of paragraph 2 for more than two years or 2 to a different employer.
The delegation to a different employer is allowed without consent, if the activity corresponds to an Office with same final basic salary of even an other carrier and takes no longer than five years.
(4) the delegation to a different employer has of the transferor in accordance with the receiving employer. The agreement is in writing.
(5) are civil servants and officials of the Federal Government to a country, a community, a community association or an other subordinate not the federal supervisory body, institution or Foundation under public law to the temporary employment are seconded that, if between the masters unless otherwise agreed, regulations about the obligations and rights of civil servants and officials according to apply for the area of the receiving employer with the exception of the rules on service oath , Official designation, payment of remuneration, health care services and supply.
(6) also the service, to which the delegation is done that Mr the obligation to pay the remuneration.

Section 28 (1) a transfer is the permanent transfer of other Office in any other Department at the same or a different employer.
(2) a transfer is allowed on application by the officer or official or without his or her consent for official reasons, if the Office with at least same final salary is connected to the previous Office, and is reasonable on the basis of the qualifications or vocational training.
(3) in the case of the dissolution or a substantial change of the composition or the tasks of a public authority or the fusion of authorities officials and civil servants, whose area of responsibility it is touched, can be moved without their consent in another Office of the same or a different career with lower final basic salary in the area of the same employer, if a use corresponding to the previous Office is not possible. The final basic salary must be at least of the Office, which has perceived the officer or the officer before the previous Office. Civil servants and public officials are obliged to take part in training courses to acquire of the qualification for other careers.
(4) in addition requires the transfer of the consent of the officer or official.
(5) the transfer to a different employer has of the transferor in accordance with the receiving employer. The agreement is in writing.

Section 29 can assignment (1) administrators with their consent temporarily completely or partially to assign a corresponding Office activity 1 a public institution without service Mr ability in the interests of the service or public interest or 2nd at another institution, if a public interest requires it,. The decision is the Supreme authority of the service or body certain of her.
(2) a corresponding to their official activity at this facility can be assigned to without their consent civil servants and officials of a Department that is converted to wholly or partially in an organised public device without service Mr ability or a privately organized institution of public, when public interests require it.
(3) the legal status of civil servants and officials shall remain unaffected.
Section 5 termination of the officials under section 1 release article 30 grounds for termination the civil servant ends by 1 dismissal, 2. loss of rights of civil servants, 3. removal of the civil service under the Federal Disciplinary Act or 4 entry or retirement.

Article 31 dismissal law (1) male and female civil servants are dismissed, if 1 the requirements of § 7 para 1 No. 1 no longer exist and an exception also subsequently not allowed according to § 7 paragraph 3 or they are 2nd in a public service or official relationship to a different employer or to a device without service Mr ability according to German law or the electrician , appointed the career soldier to soldier on time or to the troops on time, unless otherwise determined by law.
Sentence does not apply 1 number 2 If 1 occurs the officer or the officer a civil servant subject to revocation or in an honorary civil servant, or 2. the continuity of the relationship of civil servants has arranged the Supreme authority of the service at its discretion, before the officer or the officer in the service or official relationship has occurred to another employer or institution; When masters within the meaning of the civil servants status the continuation can be arranged only with their agreement.
(2) the Supreme Administrative authority decides whether the conditions of in paragraph 1 sentence 1 exist, and determines the day of the termination of the civil servants.

§ 32 male and female civil servants are dismissal for compelling reasons (1) to dismiss, if they deny the oath or a pledge written in its place 1st, 2nd not to retirement or temporary retirement can be moved because a supply legal waiting period is not met, or 3 at the time of the appointment owner or holder of an Office that is not compatible by law with the mandate , Member of the German Bundestag or Parliament were and not resign its mandate within the reasonable period set by the Supreme authority of the service.
(2) civil servants and public officials can be dismissed if they lose the property as a German or German within the meaning of article 116 paragraph 1 of the basic law in the cases of § 7 para 2.

Article 33 civil servants and officials are release on request (1) to dismiss if they require their dismissal in writing to the competent authority. The Declaration may, be withdrawn within two weeks of receipt to the competent authority with the consent of the competent authority also after this period as long as the dismissal order still has not gone to.
(2) the dismissal may be required at any time. She is to speak out for the requested time. She may however be deferred until the officer or the officer properly did you or tasks entrusted to him, at the latest three months.

Article 34 dismissal of civil servants on trial and officials on trial (1) officials on trial and officials within the meaning of § 6 para 3 sentence 1 can be fired also, if either of the following grounds for dismissal exist: 1 a behavior that would have at least a reduction of the remuneration to which the civil servant subject to lifetime, 2 missing parole within the meaning of § 11 para 1 sentence 1 No. 2 , 3. invalidity, without being a transfer to the retirement is, 4. resolution or substantial change of the composition or the tasks of the employment authority or its merger with another authority, if the transferred responsibilities it is touched and any other use is not possible.
In the case of the sentence 1 No. 2 alone lack of Health Fitness and in the case of the number 3 to check one other use according to.
(2) the period for the dismissal is 1 until the expiry of three months two weeks at the end of the month when a period of employment, and 2 by more than three months six weeks to the end of a calendar quarter.
Tenure is considered to be the time of uninterrupted activity in a civil servant subject to test in the area of same Supreme Administrative authority.
(3) in the case of paragraph 1 No. 1 is possible a dismissal without notice. Sections 21 to 29 of the Federal Disciplinary Act shall apply accordingly.
(4) officials on trial and officials are dismissed at the end of the month in which they reach the age limit applicable in the civil servant subject to lifetime.

§ 35 dismissal of civil servants and officials in leadership posts to test administrators and officials in offices with executive function are 1 expiry of the probationary period pursuant to § 24 para 1, 2. with the termination of the civil servants on lifetime, 3rd with transfer to a different employer, 4 with setting at least a reduction in the remuneration as a disciplinary measure or 5. in cases where there is only a civil servant on trial , pursuant to section 24 para 1 released at the end of the month in which they reach the age limit applicable in the civil servant subject to lifetime, from the civil servant on trial. Without prejudice to sections 31 to 33. Article 34, paragraph 1 shall apply mutatis mutandis.

Article 36 dismissal of political officials on trial and political officials on trial political officials and political officials who are in a civil servant on trial, can be fired at any time for this.

§ 37 dismissal of civil servants on revocation and revocation (1) officials officials on withdrawal and officials of revocation of can be dismissed at any time. The dismissal is possible without notice. Section 34 paragraph 4 shall apply mutatis mutandis.
(2) opportunity shall be given officials on withdrawal and officials of withdrawal in the preparatory service, the preparation service and to pass the exam. They are released at the end of the day of the civil service, where the existence or definitive absence testing or 2 the final failure to pass of a prescribed midterm announced them 1.

Section 38 procedures of discharge as far as legally nothing is determined, the dismissal by the site in writing has, which would be responsible for the appointment. The dismissal is no. 1 with the delivery, effective in addition with the end of the month following the month in which the release is provided to the officer or the officer in the case of § 32 para 1.

No entitlement to pay is section 39 consequences of dismissal after dismissal and supply, unless permitted by law otherwise. The Supreme Administrative Authority may grant permission to carry the official title with the addition of "out of service" or "a. D.", and the title associated with the Office. The permit may be withdrawn if the former official or former official proves its not worthy. The Supreme authority of the service can transfer authority pursuant to sentences 2 and 3 on subordinate authorities.

§ 40 departure from elections or taking political positions (1) civil servants and officials need to opt out of Office, if they accept the election to the European Parliament, or the Bundestag. The more determined a law. The governing officials elected to the German Bundestag and officials of rules for male and female civil servants, who have been elected to the legislature of a country and the AMT law with the mandate is incompatible, § 5 to 7, 8 para 2, § 9, 23 paragraph 5 and § 36 para 1 of the members act according to.
(2) officials or civil servants be appointed a member of the Government of a country, shall apply accordingly § 18 para 1 and 2 of the law of the Federal Minister. This also applies to entry into an Office relationship that corresponds to the Parliamentary Secretaries of State or parliamentary secretaries of State within the meaning of the law on the legal relationships of the Parliamentary State Secretaries.
(3) in the case of admission in a municipal election duties on time, § 31 sentence 1 shall not apply no. 2. The rights and obligations arising from the Office perceived last in the ratio of civil servants to rest for the duration of the election duties with the exception of the obligation to maintain secrecy and prohibition of the acceptance of rewards, gifts and other advantages. Civil servants and officials return after completing their term under transfer their last duties in her employment, unless they have yet not age applicable for her at this time. The civil servants and officials receive salaries from the Office perceived in the duties of the Federal Government after the election duties. Is the return after the election duties rejected or not followed her, they are to dismiss. The dismissal is has in writing from the authority, which would be responsible for the appointment. The dismissal occurs at the end of the month following the expiration of the month, in which the dismissal is provided to.

Section 41 civil servants or officials in ordinary criminal proceedings by a German court 1 because of an intentional act be loss of civil servants rights (1) to a term of imprisonment of at least one year or 2nd due to a deliberate act, which according to the regulations about peace betrayal, treason, endangering the democratic rule of law or treason and endangering external security or, as the Act relates to a service action in the main office , Bribery is a criminal offence, sentenced to a term of imprisonment of at least six months, ending the civil servant with the legal force of the judgment. The same applies if stripped of the ability to perform public offices or officials or civil servants on the basis of a decision of the Constitutional Court have forfeited a fundamental right under article 18 of the basic law.
(2) upon termination of the officials referred to in paragraph 1 is not entitled to salary and benefits, unless otherwise determined by law. The official title and the title conferred in relation to the Office are not permitted.

Section 42 effect of recovery proceedings (1) is a decision that has caused the loss of rights of civil servants, replaced in the retrial by a decision which does not have this effect, the civil servant is considered to be not interrupted. Officials and civil servants are, if they have not yet reached the age limit and when, entitled to transfer a post of same or an at least equivalent career as her previous position and with at least same final salary. Until the transfer of the new Office, they receive the salary which would have been to them from their previous Office.
(2) on the basis of the facts established in the retrial, or as a result of a final criminal judgment, that happened after the earlier decision, disciplinary proceedings aiming at the removal of the civil service has been initiated, the officer or the officer loses claims due to him or her pursuant to paragraph 1, if detected at distance of the civil service. The claims can be claimed up to the legal force of the decision.
(3) paragraph 2 shall apply accordingly in the cases of the dismissal of civil servants on trial and officials on trial or by civil servants on revocation and officials on withdrawal due to a behavior in the sense of § 34 paragraph 1 No. 1 (4) on the salary pursuant to paragraph 1 sentence 3 is applied to income from other employment or a maintenance contribution. The civil servants and officials are obliged to the information about this.

§ Particular 43 pardon of the Federal President or the Federal President or the of her or him the pardon is to in terms of the loss of rights of civil servants. Is eliminated in after the loss of officer rights in full, section 42 applies at that time.
Under section 2 invalidity section 44 invalidity (1) is the official lifetime or the officials to retire, if he or she is permanently incapable (disabled) because the physical condition or for the performance of official duties for health reasons. Unfit for service can be regarded as too, who more than three months has done no service due to illness within six months, if there is no prospect that the service capability is fully manufactured within another six months. Is not put into retirement, who is otherwise usable.
(2) a repurposing is possible if another Office, even a different career, can be transferred. The transmission of other Office without consent is permitted if the new Office to the area of the same employer belongs, it is connected as the previous Board with at least same end of a base salary and is to be expected, that the officer or the officer meets the health requirements of the new Office.
(3) to prevent the transfer to retirement, poorer work can be transferred to an official or a civil servant while retaining the transferred Office without consent, if a repurposing not possible and the perception of the new task, taking into account the recent activity is reasonable.
(4) in order to avoid a transfer into the retirement the official or the official can be offset after the acquisition of qualification for a new career without the agreement in an Office of this career with lower final basic salary, if a use corresponding to the previous Office not possible and the perception of the new task, taking into account the recent activity is reasonable. The new Office must be assigned to same category as the current Office. No appointment is required for the transfer.
(5) that has not the competence for other careers officer or the officer that, is obliged to take part in training for the acquisition of new qualifications.
(6) existence of doubt about the invalidity, the obligation is under the authority of the authority medically examine and, if this is kept from amtsärztlicher point of view necessary, also watch to have.
(7) legal regulations, other requirements for the assessment of the inability to service for individual groups of administrators determine remain unaffected.

Section 45 is limited service capability (1) by the transfer to retirement due to invalidity refrain, if the officer or the officer while retaining the transferred Office can perform the duties of the service during at least half of the regular working hours (limited service capability). The limited ability of the service to be waived if according to § 44 par. 2 or 3 another Office or a low range activity can transfer the officer or the officer.
(2) the work time is according to the limited ability of the service to shorten. It is possible to also use in an activity corresponding to the Office not with the consent of the officer or official.
(3) the authority responsible for appointing decides on the adoption of the limited service capability. The rules governing the invalidity shall apply for the procedure.
§ 46 restore the service of (1) civil servants and officials who were transferred due to inability to service retirement, are obliged to follow a renewed appeal in the civil servant, when service relating to their previous employer to transfer an AMT of its previous or an other carrier with at least same final salary to them and is expected to comply with the health requirements of the new Office. The employer is obliged periodically to check whether the existence of the conditions for the invalidity because, according to the circumstances of the individual case comes a renewed appeal in the civil servant not taken into consideration.
(2) poorer work can be transferred also see transfer of Office of her previous career referred to in paragraph 1 civil servants and officials who were transferred due to inability to service retirement, if any other use is not possible and the perception of the new task, taking into account their previous activity is reasonable to them.
(3) civil servants and officials who have not the capability into other careers, have on training measures for the acquisition of new qualifications to participate.
(4) civil servants and officials are obliged to participate in appropriate and reasonable health and vocational rehabilitation measures to restore their service ability. This obligation applies also to avoid an impending inability to service. Before relocating in retirement, they are on this obligation to point out, unless, according to the circumstances of the individual case comes a renewed appeal in the civil servant not taken into consideration. The employer has provided no other claims to pay the cost of the necessary health and vocational rehabilitation measures.
(5) apply for civil servants or officials to restore their service of the renewed appeal in the civil servant, is to comply with this request, if not compelling official reasons for oppose.
(6) the renewed appeal in a civil servant is possible also in cases of limited service capability.
(7) to test the ability of their service are civil servants and officials is obliged, under the authority of the authority to be medically examined. They may require an investigation if they make a request for another appointment to the civil servant.
(8) in the case of a renewed vocation is the former civil servant as continued.

Article 47 procedure for invalidity (1) holds that or the Service Manager the official or officials on the basis of a medical opinion on the State of health for unfit for service and a repurposing is not possible or the conditions for the limited service capability are not available, he or she the officer or the officer tells that the retirement is intended. While the reasons for the transfer to retire shall be indicated.
(2) the officer or official may raise objections within one month. Then decide on the stagger into retirement with the consent of the Supreme authority of the service authority responsible for the appointment or, unless permitted by law nothing is from your location. The Supreme authority of the service may determine that consent is not required.
(3) the transfer is to put in writing to the officer or the officer. She can be taken back to the beginning of retirement.
(4) the retirement begins with the end of the month in which the transfer to retire known has been given the officer or the officer. At this time, the salary which exceeds the pension is withheld.

Section 48 medical examination medical examination (1) in the cases of § § 44-47 can the competent authority transfer only an Amtsärztin or a medical officer or as a reviewer or reviewers is a doctor or a doctor that approved. The Supreme authority of the service determines which doctor or what doctor can be entrusted with manufacturing of opinions. She can transfer this authority to subordinate authorities.
(2) the doctor or the doctor tells the supporting reasons of the opinion the authority on request in individual cases, as far as which is necessary for the authority in accordance with the principle of proportionality for the decision to be taken by her. This communication is to send in a separate, sealed envelope and sealed to take the personnel file. It may be used only for the decision of the cases referred to in paragraph 1.
(3) at the beginning of the investigation the officer or the officer on their purpose and the duty is referred to in paragraph 2 to point out. The doctor or the doctor sent the officer or the officer or, as far as the medical reasons preclude an or an agent a double of the communication referred to in paragraph 2.

Paragraph 49 officials on trial and officials on trial are retired when the civil servant subject to sample invalidity (1) to retire, if they are unable to work due to illness, injury or other damage, which have sustained them without gross negligence in performance or initiative of the service,.
(2) officials on trial and officials can be brought into retirement if they have become unable to work due to other reasons. The decision is the Supreme authority of service. The power can be transferred to other authorities.
(3) sections 44 to 48, with the exception of article 44, paragraph 4 shall apply accordingly.
Subsection 3 retirement section 50 waiting time entry in the retirement sets a legal supply wait ahead unless otherwise determined by law.

Retirement due to reaching the age limit (1) § 51 are civil servants on lifetime and officials at the end of the month in retirement, in which they reach the age-limit applicable for them. The age limit is achieved usually with age of 67. (age), unless by law a different age limit (Special age limit).
(2) civil servants on lifetime and lifetime, officials who were born before January 1, 1947, reaching the age with age of 65 years. For civil servants on lifetime and lifetime, officials who were born after 31 December 1946, the age is increased as follows: birth year increase to months age year month 1947 1 65 1 1948 2 65 2 1949 3 65 3 1950 4 65 4 1951 5 65 5 1952 6 65 6 1953 7 65 7 1954 8 65 8 1955 9 65 9 1956 10 65 10 1957 11 65 11 1958 12 66 0 1959 14 66
 2 1960 16 66 4 1961 18 66 6 1962 20 66 8 1963 22 66 10 (3) civil servants on lifetime and officials of lifetime in the fire service of the Bundeswehr appear at the end of the month in retirement, in which they reach the age of 62.. This also applies to civil servants on lifetime and officials in the careers of the defence fire service, who were 22 years in the fire service. Civil servants and public officials within the meaning of the sentences 1 and 2 occur at the end of the month in retirement, in which they complete the age of 60, if you were born before January 1, 1952. For civil servants and public officials within the meaning of the sentences 1 and 2, which were born after December 31, 1951, the age limit will be lifted as follows: year of birth birth month increase to months age year month 1952 January 1 60 1 February 2 60 2 March 3 60 3 April 4 60 4 May 5 60 5 June-December 6 60 6 1953 7 60 7 1954 8 60 8 1955 9 60 9 1956 10 60 10 1957 11 60 11 1958 12
61 0 1959 14 61 2 1960 16 61 4 1961 18 61 6 1962 20 61 8 1963 22 61 10 (4) who has reached the age-limit rule or a legally certain special age limit, may be appointed to the officer or to the officials. Who has been appointed yet, is to lay off.

§ 52 retired at the request of (1) civil servants on lifetime and officials can at their request in the retirement be transferred if they have reached the age of 62. 1 and 2 are disabled within the meaning of § 2 para 2 of the ninth book of the social code.
(2) civil servants on lifetime and lifetime, officials who are severely disabled within the meaning of § 2 para 2 of the ninth book of the social code and were born before January 1, 1952, can be moved at their request in retirement if they have completed the 60th year of life. For civil servants on lifetime and lifetime, officials who are severely disabled within the meaning of § 2 para 2 of the ninth book of the social code and are born after December 31, 1951, the age limit will be lifted as follows: year of birth birth month months increase age limit year month 1952 January 1 60 1 February 2 60 2 March 3 60 3 April 4 60 4 May 5 60 5 June-December 6 60 6 1953 7 60 7 1954 8 60 8 1955 9 60 9
1956-10 60 10 1957 11 60 11 1958 12 61 0 1959 14 61 2 1960 16 61 4 1961 18 61 6 1962 20 61 8 1963 22 61 10 (3) civil servants on lifetime and officials can be moved at their request to retire, if they have reached the age of 63..

Article 53 postponement of entry into retirement (1) on application by the officer or official entry into retirement may be deferred up to three years, if 1 this is in the interests of and 2. at least half of the regular weekly working time is working time.
The application must be no later than six months before entering retirement. The entrance to retire at a particular age limit may be deferred for up to three years under the same conditions.
(1a) the request referred to in paragraph 1 to match, if 1 the officer or official has been family-related part-time or on leave before or after entering the service relationship to the Federal Government after section 92 or family care time according to section 92a in claim 2 has reached not the ceiling the pension which he or she would receive at retirement due to reaching the age limit, due to the family-related absence times referred to in point 1 , 3. working time is at least half of the regular weekly working hours and 4. official concerns do not preclude a postponement.
1 number 1 corresponding times in the civil service or judicial relationship with the Federal Government or a different employer are just the family-related absence times per sentence. Entry into retirement can be postponed up to the duration of the family-related part-time work or leave or family care time.
(1B) official concerns oppose a postponement of entry into retirement especially if 1 the previously perceived tasks fall away, 2 posts should be saved, other personnel against continued employment reasons 3 which is employed officer or the officer in a post mining area, 4. that task that performs the official or officials, shall be subject to a fixed rotation principle, 5 or to expect 6 , that he or she is no longer up to the requirements of the service.
(2) the entry into retirement may be deferred to a maximum three years in individual cases with the consent of the officer or official if 1 the service shops can be continued only by this official or those officials and 2. at least half of the regular working time is working time of the officer or official.
The same is true for a specific age limit.
(3) paragraphs 1 and 2 shall apply in the civil servant subject to trial under section 24.
(4) on application by the officer or official, entering retirement in the presence of official interest may be deferred for a maximum of two years. This is true only if, for a period of not more than two years before the beginning of the month in which the applicable age or the specific age limit is reached, and no more than two years after part-time work with half of the regular working time is granted. The periods before and after the applicable age or the special age limit must be equal in length. It must begin before January 1, 2017. A permit is not possible according to § 9 paragraph 2 of the working time regulation. The application is not later than six months before the date to make part-time employment to begin.
(5) pursuant to paragraph 4 must be met only the application, if the officer or the officer undertakes to enter into professional commitments outside of the relationship of civil servants only to the extent during the grant period, the exercise of ancillary activities is permitted in the full-time employees. Exceptions are allowed only insofar as this is compatible with the duties. It is to assume the regular weekly working hours for full-time employees. Is pursuant to sentence 1 culpably not met the obligation, the approval with effect for the future should be revoked.
(6) the authorisation may be except in the cases of paragraph 5 4 with effect for the future only revoke set pursuant to paragraph 4, if part-time employment no longer can be expected of the officer or the officer. The permit is revoked after the age or the special age limit has been reached, occurs the officer or the officer at the end of the month in retirement, in which the revocation is been posted. The rules governing the termination of civil servants invalidity and the determination of the limited service capability remain unaffected.

§ 54 interim retirement (1) which can be Federal President or the President at any time the following political officials and political officials retired in the interests put, if they are civil servants on lifetime or civil servants on lifetime: 1 Secretaries of State and Secretaries of State as well as Ministerialdirektorinnen and Ministerialdirektoren, 2 other officers and servants of the higher in the foreign service of the grade B 3 on up, as well as ambassadors and Ambassador in the grade A-16 , 3. civil servants and officials of the higher service of the Office of the military Abschirmdienst, the Federal Office for protection of the Constitution and of the Federal German intelligence service of the grade B-6 up, 4. the Chief or the Chief of the press - and information Office of the Federal Government, which or whose delegate and the Deputy Speaker or the Deputy spokesman for the Federal Government, 5. the Generalbundesanwältin or the Attorney General in the Federal Court , 6 (cast away) 7 the President or the President of the federal criminal, 8 Police Office the President or the President of the Federal Police Headquarters, 9 the President or the President of the Federal Office of personnel management of the Bundeswehr, 10 the President or the President of the Federal Office for equipment, information technology and use of the Bundeswehr and 11 the President or the President of the Federal Office of infrastructure, environmental protection and services of the Bundeswehr.
(2) statutory regulations, according to which, other political officials and political officials can be brought into the disponibility, remain unaffected.

Article 55 interim retirement on organisational changes In the case of the dissolution or a substantial change of the composition or the tasks of a public authority or the fusion of authorities civil servants on lifetime and officials, whose area of responsibility it is affected and which assume a function of Federal salary order B, can be brought into the disponibility, if a position corresponding to their official is saved by the organizational change and a transfer is not possible. Released posts should be reserved for civil servants staggered retired in the interests and officials who are suitable.

Commencement of interim retirement if not explicitly a later date in some cases is fixed, the interim retirement starts converting retired in the interests with the date on which announced the officer or the officer on the month of the announcement is no later than at the end of the third month following § 56. The disposal can be taken back to the beginning of retirement.

§ 57 renewed appeal the of her sex staggered retired in the interests and officials are obliged to follow a renewed appeal in the civil servant for life, when in the service area of your former employer Office with at least same end of a basic salary should be awarded them.

Section 58 expires at the end of temporary retirement (1) provisional retirement again appeal the civil servant subject to lifetime.
(2) the officials staggered retired in the interests and officials are laced with reaching the age as all the time in retirement.

Section 59 responsibility for retirement the transfer to retire is has by the body responsible for the appointment, unless otherwise determined by law. The transfer order is to put in writing to the officer or the officer. She can be taken back to the beginning of retirement.
Section 6 legal status of a civil servant subject subsection 1 General obligations and rights § 60 basic duties (1) male and female civil servants serve all the people, not a party. You have to perform their duties impartially and fairly and to be taken into account when their leadership on the well-being of the general public. Civil servants and officials must profess to the free democratic basic order within the meaning of the basic law through all of their behavior and stand up for their conservation.
(2) civil servants and public officials have the moderation and restraint to maintain arising from their position opposite the public and out of respect to the duties of their Office with political activity.

§ 61 missions, behavior (1) have civil servants and officials to devote their professional with full personal commitment. You have to assume the function conferred on them unselfishly best conscience. Their behavior inside and outside of the service must meet the respect and the confidence, that their profession requires.
(2) civil servants and officials are obliged to participate in action of the official qualifications to maintain or develop of their knowledge and skills.

§ 62 consequential duty (1) male and female civil servants have their superiors to advise and support. You are obliged to follow the General guidelines and perform their work arrangements. This does not, as far as the servants and officials not bound by special statutory provisions on instructions and are subject to only the law.
(2) civil servants and public officials have to comply with the employer during organizational change.

§ 63 responsibility for the legality of
(1) civil servants and public officials bear full personal responsibility for the legality of their official acts.
(2) reservations about the legality of official orders have to assert civil servants and officials immediately on or the immediate supervisor. Maintained the arrangement they have, if their concerns about their legality persist, to turn to the next higher superior or the next higher superiors. Is confirmed the arrangement, the civil servants and officials perform them and are exempt from its responsibility. This does not apply if behavior on human dignity is violated or criminal or disorderly and criminal liability or administrative offence for officials and civil servants is visible. The confirmation has requested in writing.
(3) a Manager or a supervisor demanded the immediate execution of the order, because the imminent danger and the decision in a timely manner can be reached which or the higher superiors, is set 3 to 5 according to paragraph 2.

Article 64 obligation to oath, oath (1) civil servants and public officials have to make the following oath: "I swear, the basic law, and to uphold all laws applicable in the Federal Republic of Germany and conscientiously to fulfil my duties, so help me God."
(2) the oath can be made even without the words "so help me God".
(3) the words an official or a civil servant of faith or conscience reject taking the prescribed oath, can be spoken in place of the words "I swear" "I pledge" or a different affirmation formula.
(4) in the cases where according to § 7 paragraph 3 an exception no. 1 has been approved by article 7, paragraph 1, may be waived by an oath. As long as nothing else is determined by law, the officer or the officer in this case has to vow to fulfill his or her duties conscientiously.

Section 65 male and female civil servants are exemption from official acts (1) to liberate would directed against themselves or family members, in their favor because of family relationships in the criminal proceedings the privilege is to them by acts.
(2) statutory regulations, according to which civil servants or officials of individual acts are excluded, shall remain unaffected.

§ 66 prohibition on the conduct of business of the service the Supreme authority of the service or that of her certain authority can prohibit the conduct of business of the service an officer or an official compelling official reasons. The ban will expire if not until the expiry of three months against the official or the official disciplinary proceedings or any other proceedings on withdrawal of the appointment or termination of the officials appointed has been initiated.

Section 67 confidentiality (1) have civil servants and officials to preserve secrecy about them at or on occasion her official occupation known official Affairs. This is the area of an employer, as well as after termination of the officials.
(2) paragraph 1 does not apply to 1 communications in the interests of the service are available, 2. facts are communicated, which are obvious or require their importance for any secrecy, or 3rd compared to the Supreme authority of the service, a law enforcement agency or other authority designated by the Supreme authority of service or master site a suspicion of a corruption crime justified by the facts will be shown after the sections 331 to 337 of the Penal Code.
In addition, the legally justified requirements to display scheduled offences and to promote the preservation of the free democratic basic order, remain unaffected by paragraph 1.
(3) civil servants and officials may without approval on matters referred to in paragraph 1 either in court or out of court to testify or submit observations. Permission given that or the Service Manager or, if the civil servant is finished, who or the last superior. The process, which forms the subject of the utterance, has occurred at a previous employer, the approval only with the consent be granted.
(4) civil servants and officials have, even after termination of the officials, at the request of or the superiors or of or of recent superiors official documents, drawings, pictorial representations, and records any kind of official operations, also insofar as to reproductions, to give out. The same applies for their survivors and heirs.

§ 68 refusal statement approval (1) permission to testify as a witness or witness, may be refused only if the statement would prepare disadvantages to the benefit of the Federation or a German land or seriously jeopardise the performance of public duties or significantly complicate.
(2) the permit are civil servants or staff party or defendant in a judicial proceeding or to serve their submissions their legitimate interests, must be even if the conditions of in paragraph 1 are fulfilled, just denied, if absolutely necessary for the business considerations. Denying the permit, have to grant protection of the officer or the officer, the official considerations allow that or the service Chief.
(3) the Supreme authority of the Service decides the refusal of the approval. She can transfer this power to other authorities.

§ 69 opinion reimbursement approval to submit an opinion, can be refused if the refund would cause disadvantages the official interests. Article 68, paragraph 3 shall apply mutatis mutandis.

Article 70 information to the media decides the direction of the authority, who give information to the media.

§ 71 civil servants and officials may ban of the acceptance of rewards, gifts and other advantages (1) after termination of the civil servants, can request any rewards, gifts or other advantages for themselves or a third party in relation to their Office, expect or accept. Exceptions require the approval of the Supreme or the last Supreme Administrative authority. The authority for approval can be transferred to other authorities.
(2) a person who violates the prohibition referred to in paragraph 1, has the request due to the pflichtwidrigen behavior to give out gained the employer, if not in criminal proceedings the foreclosure is ordered or gone over in other ways on the State. The provisions of the Civil Code concerning publication apply to the scope of the issue claim an unjust enrichment according to. The publication duty includes the duty to provide information about the type, scope and whereabouts of the obtained the employer pursuant to sentence 1.

§ 72 choice of apartment (1) have civil servants and public officials to think that the correct perception of its service businesses will not affect their apartment.
(2) or the superior can instruct if the interests of the service conditions require it, that is to take the apartment within a certain distance of the services or obtain a service apartment.

§ When special official circumstances it urgently require, can the civil servant or instructed the officials during the begin time within easy reach of the service place to stop 73 stay required.

§ 74 service clothing the Federal President or the President, or that of her or him specific authority shall adopt the provisions about service clothing, which is usual or necessary in performance of the Office.

Section 75 duty to pay damages (1) civil servants and officials who deliberately or through gross negligence violated the obligations incumbent upon them, have the employer, whose Aufgaben have perceived them, replace the resulting damage. Have two or more civil servants and officials together caused the damage, they are liable jointly and severally.
(2) has the employer paid damages third party, the time to which the claims towards third parties by the employer is recognized or against counterclaims to the employer is considered to point to the master code became aware in the sense of the Statute of the civil.
(3) the officer or the officer shall be the employer and this one has a claim against third parties, the claim on him or her passes.

§ 76 transition of a damages claim against third are physically injured officers, officials, Versorgungsberechtigte or their relatives or killed, a legal claim for damages, which may refer to these people as a result of the injury or the killing against third parties, goes as far as on the employer, than this during the service ability lifted based on the bodily injury or is obliged as a result of the injury or the killing to the granting of services. A pension fund to the granting of supply is required, the claim on it goes. The transition of the claim can not be relied upon to the detriment of the injured person or the survivors.

§ 77 non-fulfilment of obligations (1) male and female civil servants commit a service offence if you culpably violate the obligations incumbent upon them. Outside the service, this is a service offence only if the breach of duty is appropriate according to the circumstances of each particular, undermining confidence in a manner meaningful for their office or the reputation of the civil service.
(2) in the case of retired civil servants and retired officials and former officials with pensions and former officials with pensions it is considered misconduct, stock or security affecting the Federal Republic of Germany, 3rd against the obligation, the duty of disclosure or the prohibition of an activity after termination of the officials or against the ban on the acceptance of rewards if they are active against the free democratic basic order within the meaning of the Basic Law 1, 2 efforts take part, aimed at , Gifts and other benefits or 4 an obligation according to article 46, paragraph 1, 2, 4 or 7 or § 57 culpably fail to comply.
Sentence 1 No. 1 to 3 also applies to former officials entitled to long and former officials entitled to long.
(3) the prosecution of misconduct is aimed after the Federal disciplinary law.

§ 78 duty of care of the employer the employer has in the context of service and loyalty relationship for the well-being of civil servants and officials and their families, including the period after termination of the civil servants, to ensure. It protects the civil servants and officials in their official activities and in their position.

Section 79 maternity protection, parental leave, and youth work protection (1) the Federal Government governs by Decree the corresponding to the nature of the public service application of the rules 1 the maternity protection law on civil servants, 2. the Federal parental benefits and parents time act on the parental leave to civil servants and officials.
The Federal Ministry of the Interior may in cases referred to in article 91 No. 1 of the Basic Law repeal the entitlement to parental leave for male and female police officers in the Federal Police for compelling reasons of internal security (2) and of article 115f para 1 or limit.
(2) the vocational also applies for young officers and young officials. The Federal Government can determine exceptions from the provisions of the prevocational for youthful male and female juvenile police officers Ordinance, insofar as these are necessary due to the nature of the police service or for reasons of internal security.

§ 80 aid in sickness, care and birth cases (1) aid will receive 1 civil servants and officials who are entitled to salary or take parental leave 2 care recipients and care recipients who are eligible for pensions, 3. former officials and former officials during the period of maintenance contribution or transfer money after the officials supply Act, 4. former civil servants on time and former civil servants on time during the period of transition money after the officials supply Act.
Sentence 1 shall apply also if references due to the application of suspension or imputation rules will not be paid. Aid is also granted for expenses of the spouse, the spouse who partner or life partner that has no income, leading to economic independence, and taking into account enabled in the family supplement under the federal salaries Act children. Sentence 3 shall not apply in cases of § 23 of the officials supply Act.
(2) only necessary and economically reasonable expenses 1st in sickness and nursing care are eligible 2. for the prevention and treatment of diseases or disabilities, 3. in cases of birth, for contraception, artificial insemination and in exceptional cases for sterilization and abortion, and 4th for the early detection of diseases and vaccinations.
(3) aid shall be granted as at least 50% reimbursement of eligible expenses. She may be granted in nursing care in the form of a lump sum, the amount of which is based on the actual costs of supply. It can be equity be holding deducted from the eligible expenses or the aid and set limits. Aid may only be granted if it does not exceed the basically eligible expenses along with by a third party related to refunds. Related to services to expenses referred to in paragraph 2 are deducted from the eligible expenditure. Expenses of aid beneficiaries, which are entitled to pursuant to section 70 para 2 of the federal pay law is not eligible.
(4) the Federal Ministry of the Interior in agreement with the Ministry of Foreign Affairs, the Federal Ministry of finance, the Ministry of defence and the Ministry of Health regulates the details of the aid, in particular the maximum amounts, the total or partial exclusion of medicinal, healing and AIDS in the fifth book of the social code and the taking into account of children Ordinance.

Article 81 (1) travel expenses civil servants and officials get reimburse the necessary costs of an official caused travel (business trip). The travel allowance includes the travel and airfare, distance compensation, days - and overnight funds, travel subsidies for family journeys as well as other costs that are caused by the journey.
(2) the Federal Government governs by Decree the nature and extent of the travel allowance details, as well as the principles of the settlement procedure. When determining the reimbursement of travel costs, the unit can be used to set limits or packages for a refund and different arrangements for special cases.
(3) for travel referred to in paragraph 1 in the or abroad and from abroad to the domestic (foreign service travel) may adopt regulations by regulation deviating the Federal Ministry of the Interior in consultation with the Ministry of Foreign Affairs, the Ministry of defence and the Ministry of finance. These include the arrangement and authorization of missions and the scope of the travel allowance including necessary cost in addition to be refunded, which serve the purpose of the overseas mission and that take into account the special circumstances overseas.

Article 82 moving costs (1) officials and civil servants and their survivors receive the necessary costs for relocating quenched and tempered (move allowance) if the costs of relocation has been said to. The promise of moving expenses can be given when official prompted moving or in special cases. The relocation allowance includes 1 transport expenses, 2. travel costs, 3. separation money, 4 rent compensation and 5 other expenses.
(2) the Federal Government governs by Decree the nature and scope of the relocation allowance details, as well as the principles of the settlement procedure. When determining the relocation allowance, you can set limits or packages for a refund and different arrangements for special cases.
(3) for relocation pursuant to paragraph 1 in the or abroad and from abroad to the domestic (foreign relocations) can the Foreign Ministry in consultation with the Federal Ministry of the Interior, the different regulations to the relocation allowance issued Federal Ministry of defence and the Ministry of finance by regulation as far as the special needs of the foreign service and the particular circumstances in the foreign country require it.

Separation (1) male and female officers who are seconded, transferred, assigned or employed due to another human measure in a location outside their existing service or place of residence, to a location outside of the service or the place of residence receive money § 83 which reimburse the necessary costs, incurred by domestic separating or in special cases (separation money). Domestic savings are taken into account.
(2) be civil servants on revocation and officials of revocation in the preparatory service for the purpose of assigned to their training a training position at a place other than the previous service or place of residence, the resulting necessary additional expenses will be reimbursed all or part them.
(3) the Federal Government regulates the details of nature and extent of separation money and the granting of travel aid for family journeys, as well as the principles of the settlement procedure by means of an Ordinance. When determining the separation money and travel subsidies for family journeys, the unit can be used to set limits and rates for a refund and different arrangements for special cases.
(4) for measures referred to in paragraph 1 in the or abroad and from abroad to the domestic Foreign Office in consultation with the Federal Ministry of the Interior, the Ordinance deviating regulations for separation money and travel allowances for family journeys enacted Federal Ministry of defence and the Ministry of finance, as far as the special needs of the foreign service and the particular circumstances in the foreign country require it.

§ 84 anniversary grant administrators at service anniversaries a grant provided. The further regulates the Federal Government by Decree.

§ 84a recovery of too much paid cash benefits
The recovery of too much paid cash benefits, the employer on the basis of beamtenrechtlicher legislation has done, depends on the provisions of the Civil Code concerning publication of unjust enrichment. It is just note of the lack of the legal reason of the payment if the defect was so obvious that the recipient or the recipient would need to recognize him. Of the recovery may be waived for equity reasons with the approval of the Supreme authority of the service or the site designated by you wholly or partly.

§ 85 administrators will service certificate at the request of a certificate of service of the nature and duration of the offices that are perceived by them granted, if they have a legitimate interest in it or the civil servant is finished. The service certificate must provide information on request, the activities and the services provided.

§ 86 official designations (1) the Federal President or the President or one of her or him certain point sets the official designations, unless otherwise determined by law.
(2) civil servants and officials lead the official title of the Office entrusted to them in the service. You must lead also outside of the service. After the change in another Office, they may no longer lead the former official name. The new Office with a lower final basic salary is connected, her former Office with the addition must be carried in addition to the new official title "out of service" or "a. D.".
(3) retired civil servants and retired officials must continue the related them to the transfer in the retirement official title with the addition of "out of service" or "a. D.", and the title associated with the Office. Changes the name of the previous Office, the revised official designation may be used.
(1) working time is regular working time weekly on average 44 hours not exceed working time section 87 subsection 2.
(2) if there is on-call working time according to the needs of the service can be extended.
(3) details to the organisation of working time, in particular the duration, facilities construction, flexible, and controlling their observance, regulates the Federal Government by Decree. A verification of compliance with the working time by means of automated data processing systems is permitted, as far as these systems require a participation of civil servants and officials. Collected data may be used only for purposes of work time control, respect for labour protection regulations and targeted labour required insofar as this is necessary for the performance of the duties of each competent authority. Under the Ordinance, deletion times for the collected data must be provided.

§ 88 overtime civil servants and officials are obligated service do without compensation beyond the regular weekly work time, if mandatory official conditions require this and the overtime limited to exceptional cases. Are they more than five hours claimed by an officially ordered or approved overtime a month beyond the regular work time, is within one year for overtime, which afford them beyond the regular work time, to provide appropriate service exemption. Part-time employment are five hours in proportion to shorten. The service release for compelling official reasons is not possible, civil servants and officials in grades with rising salaries can receive compensation.

§ 89 vacation administrators a recreation at Fort grant of remuneration is to annually. The Federal Government regulates the approval, duration and payment of annual leave by Decree. The Foreign Service Act regulates the period of additional leave for civil servants sent abroad and civil servants of the foreign service.

Article 90 holiday from other events, regional authorities and elected representatives (1) the Federal Government regulates the granting of leave on other occasions by a regulation and determines to what extent the pay continues during such holidays.
(2) civil servants and officials agree to their lineup as applicants or candidates for election to the European Parliament or to the German Bundestag or the legislature of a country, the holiday required to prepare their election, eliminating the salary is them upon request within the last two months before election day to grant.
(3) a holiday under loss of remuneration is civil servants and officials, who have been elected to the legislature of a country and the rights and obligations arising from the civil servant not rest according to article 40, paragraph 1, to the exercise of the mandate at the request of 1st or 2nd to grant part-time in the circumference of at least 30 percent of the regular working hours to grant.
The application should be made for the period of at least six months each. § 23 para 5 of the deputies law is to be applied accordingly. On civil servants and officials, 1 No. 2 holiday, eliminating the pay granted pursuant to sentence, article 7, paragraph 1 is to apply 3 and 4 of the members act according to.
(4) for the activity as a member of a local representation, a Committee under the municipal constitutional law or comparable facilities in municipalities, the required vacation under payment of remuneration is administrators to grant. Sentence 1 applies also to the honorary members selected by a local representative of committees that have been formed because of a law.

§ 91 part (1) civil servants and officials, the right to remuneration have time can request part-time employment approved up to half of the regular working time and the duration of each requested are, as far as official concerns do not preclude the.
(2) referred to in paragraph 1 must be met only the application, if the civil servants and officials undertake to enter professional obligations only to the extent during the approval period outside of the relationship of officials who permitted the full-time staff for the exercise of ancillary activities. Exceptions are allowed only insofar as this is compatible with the duties. This is to proceed from the regular weekly working time without regard to the approval of part-time employment. Is the obligation 1 culpably violated after set, the permit should be revoked.
(3) the competent authority of the service can later to limit the duration of part-time employment or increase the amount of work time to be paid, unless compelling official concerns require it. She should allow a change of scope of part-time employment or the transition to full-time employment, if part-time employment in the previous extent no longer can be expected to the officer or the officer and official concerns do not preclude the.

§ 92 Familienbedingte part time and leave of absence (1) civil servants and officials, the claim on salary, is to request to grant holiday without pay or part-time employment, 1 if they a) actually take care of at least one child under the age of 18, or maintain or b) according to medical advice, or by a certificate of the maintenance fund or the medical service of health insurance or a corresponding certificate of a private long-term care insurance a dependent other members or other members of a care recipient actually manage or maintain and 2nd if mandatory do not preclude official issues of the permit.
Part-time jobs with less than half may not exceed together a period of 15 years of regular working time and holidays without pay. Section 91, paragraph 3, sentence 1 shall apply accordingly.
(2) the authority must justify the rejection of applications in detail. Officials and officials in the school and high school, the grant period may be extended until the end of the current semester or semester. The request for renewal of a leave of absence is no later than six months before the end of the approved leave.
(3) during an exemption from service pursuant to paragraph 1 may be approved only such activities does not run counter to the purpose of the exemption.
(4) the competent services may allow a return from the holiday, if the continuation of leave is not reasonable and do not preclude the official concerns. Part-time employees with family responsibilities, applying for a full-time job, and leave with family obligations, which apply for a premature return from the leave of absence, must be considered primarily during the occupation by full-time employees in accordance with the principle of performance and the regulations of the federal equal opportunities Act.
(5) during the period of the leave of absence referred to in paragraph 1 a disease services in appropriate application of the aid schemes for officials entitled to salary and officials entitled to salary claim. This does not apply if the officer or the officer is taking into account enabled relatives or capable of taking into account national of an or an aid-legitimate or is insured under the statutory health insurance according to § 10 para 1 of the fifth book of the social code. Civil servants and officials who meet the requirements of § 3 para 1 of the maintenance time law, receive benefits according to § 44a para 1 of the eleventh book of the social code for the duration of the maintenance period according to § 4 of the maintenance time act.
(6) the Agency has the absent due to family reasons by appropriate measures to facilitate the connection to the profession and professional reintegration. These include the offer of holiday and illness representations, their timely information about the training program and the offer of participation in the training during or after the leave of absence. Participation in a training seminar during the leave of absence justified a claim for paid special leave after the end of the leave of absence. The duration of the paid service liberation depends on the duration of the meeting. With the Fund are to lead, where they are informed about the possibilities of their employment after the leave of absence in good time before the expiry of a leave of absence counselling sessions.

§ 92a family care time (1) civil servants and officials who are entitled to salary, part-time as family care time to the care of an infirm close relative in the sense § 7 paragraph 3 of the nursing time act in a home setting may be granted on request for a period of no more than 48 months, unless, of course, that conflict with official badly. The long-term care shall be demonstrated by a certificate of the maintenance fund or the medical service of the health insurance or through submission of a corresponding certificate of a private long-term care insurance.
(2) the permit is made subject to the proviso that 1 in a maintenance phase by no later than 24 months service with a regular weekly work time of at least 15 hours will be served as well as 2nd in a post care phase, which lasts just as long as the maintenance phase, service with a working time is made, which is equivalent to at least the regular weekly hours of work that has been done before the maintenance phase.
The conditions of in paragraph 1 for the approval of the family care time no longer exist, so approval is to withdraw, with the end of the second month following the discontinuation of requirements. The officer or the officer is obliged to report any change in the facts, which are relevant to the grant. Part-time employment in the previous scope is no longer acceptable, the officer or the officer approval is to undo, if urgent official matters do not preclude the.
(3) the maintenance phase of the family care time for less than 24 months has been approved, can it be extended subsequently up to the period of 24 months, if the conditions of in paragraph 1 and the provisions of paragraph 2. If the post care phase of family care time with a regular weekly working hours has been approved, which is higher than the working time before obtaining family care time, working hours can be reduced later. The working time in the post care phase must be at least referred to in paragraph 2 sentence 1 number 1 set size match, if the officer or the officer argues that the need for care of the close family member requires it. A new family care time may be granted if the conditions of paragraph 1 and of the requirements of paragraph 2 only in connection to the maintenance phase.

Article 93 partial retirement (1) civil servants and officials, the right to remuneration have can on application, which must extend to the time until the beginning of retirement, part-time work as part-time work with half of the previous time, a maximum granted half of the working time to be paid on average in the last two years before the start of the partial retirement, be if 1 a) it the 60th year of life have completed , b) the 55th age and within the meaning of § 2 para 2 of the ninth book of the social code are nonetheless at the time of application or c) have completed the 55th year and are engaged in a particularly defined set mining area and 2. they were working at least part-time in the last five years before the start of the partial retirement three years, 3. the partial retirement begins before January 1, 2010 and 4 urgent official matters do not preclude the.
(2) partial retirement in the form of block education within the meaning of § 9 of the working time regulation in accordance with paragraph 1 may be granted administrators, if they 1 have completed the 60th year of life and times of the exemption from the work in the manner summarized in previous part-time employment, that previously with at least half of the regular working hours, in the case of article 92, paragraph 1 , of section 92a or part-time employment during the parental leave at least to the extent of previous part-time employment service is provided, which disregarded minor undershooting of the necessary scope of the working time, or 2. the requirements of paragraph 1 No. 1 letter c are available.
Civil servants on lifetime and officials, which has been granted before 1 January 2010 age part-time work in the form of block education within the meaning of § 9 of the working time regulation reach the age limit with age of 65 years. When the retirement request according to article 52, it remains for the age limit according to § 42 para 4 of the federal civil servants act as amended by force until February 11, 2009.
(3) may be granted on request, part-time employment as part-time work with half of the previous working time, no more than half of the working time to be paid on average in the last two years before the start of the partial retirement civil servants and officials who are entitled to remuneration, if they have completed 1 year of life at the beginning of the 60th partial retirement, 2. they were working at least part-time in the last five years before the start of the partial retirement three years , 3. the partial retirement begins before January 1, 2017, 4. they are engaged in a specific restructuring or points mining area and 5 official concerns do not preclude the.
The application must cover the entire time until retirement. Part-time work may be granted pursuant to article 9 paragraph 2 of working time Regulation pursuant to sentence 1 also in the block model.
(4) is administrators to grant sentence 1 with the exception of sentence 1 number 4 and 5 part-time work within the framework of a rate of 2.5 per cent of civil servants and officials of the highest authorities of service including their operations under the conditions of paragraph 3. The granting of partial retirement is excluded, if this rate by the conditions of the age part time pursuant to sentence 1 and paragraphs 1 to 3 is exhausted or official concerns oppose the permit.
(5) the Federal Ministry of the Interior details are laid down in agreement with the Federal Ministry of Finance Ordinance the age part time approval, in particular the definition of restructuring and make removal areas pursuant to paragraph 3 sentence 1 number 4 and the distribution of the quota referred to in paragraph 4 (6) amendments to the regular weekly working time according to the working time regulations shall apply for the working time to be.
(7) section 91, paragraph 2 shall apply mutatis mutandis.

§ 94 obligation is a reduction in working hours or a long-term leave of absence requested, are the servants and officials on the implications of reduced working time or long-term leaves of absence to point out in particular the implications for claims due to beamtenrechtlicher schemes, as well as the possibility of a fixed term with extension and their consequences.

§ 95 leave of absence without pay (1) civil servants and officials who claim to pay, can an exceptional surplus of candidates in areas where the labour market situation and is candidates and there is therefore an urgent public interest, more applicants in the public service to employ, at the request of holiday without pay 1 up to the duration of a total of six years or 2 for a period of time. , which must extend to the beginning of retirement are granted when official concerns do not preclude the.
(2) holiday without pay may be granted in areas where a surplus of places to be reduced, at the request of civil servants and officials who are entitled to remuneration, when official concerns do not preclude the.
(3) according to paragraphs 1 and 2 must be met only the application, if the civil servants and officials explain, to refrain from the exercise of ancillary activities for the duration of the grant period and to exert exempt activities only to the extent, as they could be exercised without breach of official duties in full time employment. This obligation is culpably violated the permit should be revoked. Service Authority may approve 1 auxiliary pursuant to sentence despite the Declaration of civil servants or officials, as far as they are not contrary to the purpose of the grant of leave. She can allow a return from vacation if the continuation of leave cannot be expected to the officer or the officer and do not preclude the official concerns.
(4) holiday may pursuant to paragraphs 1 and 2, also in connection with holidays or part-time jobs with less than half of the regular working time according to article 92, paragraph 1, which do not exceed term of 15 years. When officials in the school and high school, and officials in the school and high school, the grant period may be extended until the end of the current semester or semester. In the cases of paragraph 1 No. 2 is set 1 do not apply, if it is no longer expect the civil servants and civil servants to return to the full - or part-time employment.
(5) in cases where pursuant to section 72e para 1 No. 2 and para. 4 of the federal civil servants act as amended by force until February 11, 2009, holiday without remuneration has been approved until the beginning of retirement, article 93, paragraph 2, sentence 2 shall apply accordingly.

§ 96 staying away from the service (1) male and female civil servants should stay away from the service without the consent of their superiors. Invalidity as a result of disease is to prove on request.
(2) the officer or the officer because of lesson absence from the service after the federal salaries Act lose the right to remuneration, conducting a disciplinary procedure does not exclude this.
Subsection 3 an ancillary article 97 definitions (1) secondary is the perception of a Nebenamtes or the exercise of a sideline.
(2) part-time judge is related not to a main office tasks, which is perceived on the basis of a public service or official relationship.
(3) secondary occupation is each other, not associated with a main office activity within or outside the public service.
(4) not the perception applies as an ancillary public honorary posts as well as a free guardianship, care or guardianship.

Article 98 Second jobs in the public service officials and civil servants are required to exercise an ancillary activity in the public service on request from the authority of their service, if this activity their educational or vocational training is equivalent to and not take unduly claimed.

§ 99 approval auxiliary (1) require civil servants and officials to engage in any paid ancillary activity, with exception in § 100 para 1 finally are listed, prior approval, as far as not committed it according to section 98 as regards their exercise. The same applies to following gratuitous ancillary activities: 1. perceptions of Nebenamtes, 2. commercial or freelance activities or participation in one of these activities and 3. entering a body of an enterprise with the exception of a cooperative.
(2) the permit shall be refused if is to get that business interests are affected by the secondary. Such a refusal reason exists in particular if the secondary 1 type and size the labor so strongly takes that proper performance of official duties can be hindered, 2. can bring the officer or the officer in a conflict with the interests of the service obligations, 3rd in a matter is exercised, in which the authority belongs to the officer or the officer of , operates is or can become active, 4 can affect the impartiality or impartiality of the official or the official, 5. a significant hindrance to the future official availability of official or the official can lead or 6 can be detrimental to the reputation of the public administration.
Such a refusal reason is usually also, if the ancillary activity because of commercial service or work performance or otherwise by nature, scale, duration or frequency represents as a second profession.
(3) the requirement of paragraph 2 sentence 2 No. 1 is usually met if the temporal stresses imposed by one or more auxiliary exceeds one-fifth of the regular weekly working hours in the week. Limited service capability is one-fifth of the work time shortened according to § 45 para 2 sentence 1 to be based. As far as the total amount of the remuneration for one or more secondary activities exceeds 40% of the annual final basic salary of the Office of the officer or official, a refusal reason. The service authority may allow exceptions, if the officer or the officer by specifying certain facts that the temporal stress does not exceed one-fifth of the regular weekly working hours or the refusal, taking into account the circumstances of the case would not be appropriate. At the rates of 1 to 4, approval and notifiable activities must be considered together.
(4) the permit is limited to no more than five years. She can be fitted with terms and conditions. A damage to business interests after obtaining permission, this is to withdraw.
(5) the approval granted the Supreme Administrative authority. She can transfer this authority to subordinate authorities. Applications for approval and decisions on these requests must be in writing. The officer or the officer has the necessary for decision evidence to lead, in particular on the nature and extent of the ancillary activity as well as the fees and cash benefits from this. Any changes are immediately in writing.

Section 100 exempt activities (1) are not subject to authorisation 1 managing own or subject to the usufruct of the officer or official assets, 2. literary, scientific, artistic or lecture activities, 3. with teaching or research-related independent verification activities by teachers at public universities and colleges of the Bundeswehr and by male and female officials at scientific institutes and institutions and 4. activities for the safeguarding of professional interests in trade unions or professional associations or self-help institutions of civil servants and officials.
(2) activities No. 2 and 3, as well as an activity in self-help institutions are no. 4 after paragraph 1 referred to in paragraph 1 to display the service authority in writing prior to their admission, when is provided for a fee or an imputed. This, in particular nature and extent of the ancillary activity as well as the estimated amount of the fees and money values are benefits to provide. Any change must be communicated immediately in writing.
(3) the service authority may require substantiated, that of an exercised ancillary activity for exempt in writing information is granted, in particular on the nature and scope.
(4) an ancillary exempt activity is fully or partially to prohibit, if the officer or the officer in the exercise of their official duties.

§ 101 exercise of ancillary activities (1) ancillary activities may be exercised only outside working hours, unless they be exercised which or Service Manager at the request or there is a professional interest in the exercise of ancillary activity. The official interest is on record to make. Exceptions can be authorised only in particularly justified cases, in particular in the public interest, on written request, if do not preclude the official reasons and is carried out of the missed work time.
(2) in the exercise of activities, facilities, personnel or material of the employer only if there is a public or scientific interest with its permission and against payment of a reasonable fee claim must be carried. The fee is the employer according to the measured costs and must take into account the particular advantage, caused by the use of the officer or the officer.

§ 102 recourse liability from arranged outside activity for civil servants and officials who be liable of or Service Manager activity carried out in the Board of Directors, supervisory board, Board of directors or an other organ of a society, association or company operated in a different legal form from a request, suggestion or initiative, have against the employer entitled to reimbursement of them damage. The damage is intentional or gross negligence caused the employer is only liable, if the officer or official request has traded the or of the supervisor.

§ 103 termination of ancillary activity associated with the main office
The officials expire, the Nebenämter and engage, which are transmitted in connection with the main office or which are been exercised on request, suggestion or behest of or Service Manager end, if nothing else is determined in each case.

§ Regulations Executive Decree 104 shall adopt the necessary to perform the §§ 97 to 103 further provisions for activities of civil servants and officials the Federal Government by regulation. In it can be determined, 1 are equal which activities as a public service within the meaning of these provisions are or him, 2. whether and to what extent a public service as well as experienced from or on request, suggestion or behest of or Service Manager exercised ancillary activity is remunerated or remuneration is to be, 3. the conditions under which the officer or the officer the exercise of ancillary facilities , Personnel or material of the employer claim may take and to what extent this a fee to the employer is payable; the fee can at a flat rate in a percentage of the gross income earned from the sideline are set and for free of charge exercised ancillary activity are eliminated, 4 that the officer or the officer may be required at the end of each calendar year which or the Service Manager to specify that you or fees paid to him and cash benefits from ancillary activities.

Article 105 obligation after termination of the officials (1) retired civil servants, retired civil servants, former officials with pensions and former officials with pensions have can be a gainful employment or other employment outside the public service, which is available and adversely affect the business interests with their official activities in the five years preceding termination of civil servants in the context to display in writing prior to their admission. The duty of disclosure ends, if the civil servants and officials reached the age to retire, three years, moreover five years after termination of the officials. Sentences 1 and 2 apply also to former officials entitled to long and former officials entitled to long.
(2) the employment or other employment is to prohibit, so far as to get is that official interests are affected by them. The prohibition is for the period until the end of the duty of disclosure to pronounce, it is because the conditions for a ban are available only for a shorter period of time.
(3) shall be the last Supreme Administrative authority. She can transfer their jurisdiction to subordinate authorities.
Subsection 4 personnel file Law § 106 is personnel file (1) for each officer and any officer to conduct a personnel file. It is confidential and through technical and organizational measures to protect against unauthorized access. The Act may partially or fully automated run. All documents relating to the official or officials, as far as they relate to his or her service relationship in a direct internal link (file data) belong to the personnel file. Other documents may not be included in the personnel file. Documents, the special are not included in the personal file, of the person and the service relationship objectively in particular audit, security, and child support files used for divisive purposes. Child support records can connected made with pay and supply files, if they are separated from the remaining personnel file and edited by an organizational unit that is separate from the personnel management.
(2) the personal file according to objective criteria can be divided into basic file and part files. Part files can be made for the authority responsible for the relevant task pane. Supporting files (documents, which are also in the basic act or part files) may only be carried, if the administrative staff is not at the same time employment agency, or if several personnel administrative authorities for the official or officials responsible. they may contain only such documents, knowledge of which is necessary for the legitimate tasks of the authority concerned. In the founding act, a complete directory of all partial and secondary files is to record. Is the personnel file not complete in written form or fully automated, the personnel Administrative Office sets each in writing what parts in any form and takes this pursuant to sentence 4 in the directory.
(3) personnel file data may be used only for purposes of human resources management or human resources, unless the officer or the officer agrees to the other use. Use for other than the purposes referred to in sentence 1 does not exist if personnel file data is used exclusively for the purposes of the data protection supervision. The same applies, as far as an acknowledgement to the State of the art not or only at disproportionate time and effort to avoid personnel file data are in accordance with the data or the backup of the proper operation of a data processing system.
(4) the employer may collect only personal data applicants, applicants, administrators and officials as well as former officials and former officials, as far as this to the establishment, execution, completion or settlement of the service relationship or to carry out organizational, personal, or social measures, in particular for purposes of human resources planning or personal use, is required or a legal provision allows this.

§ 107 access to the personnel file (1) access to the personnel file may only employees who are tasked in personnel management with the processing of personnel matters, and only insofar as this is necessary for the purposes of personnel management or human resources. Access to personnel file data should be granted also workers who perform tasks of the medical service, as far as the knowledge of the data for the fulfilment of their tasks is required. Also equal opportunity have access to decision-relevant parts of the personnel file, as far as this is necessary for the performance of their duties.
(2) upon request, the Federal Privacy Act access to the personnel file is the data protection officer according to section 4f to grant. Also the employees responsible for matters of internal audit have access unless they can win the needed to carry out their tasks knowledge only this way and not through information from the personnel file. Each inspection pursuant to sentence 2 is on record to make.

Section 108 (1) documentation of aid aid acts are as a result in file of part of. This is to keep separate from other personnel file. It should be handled in an organizational unit that is separate from other personnel management. Only employees of that organizational unit should have access.
(2) personal data may be collected for aid purposes and used if the data for these purposes are required; Further details are specified the legal regulation according to § 80 paragraph 4. (Personal data from the State aid Act may be used for other purposes only if 1 they are required) for the introduction or with an application for aid-related regulatory or judicial proceedings, b) to ward off considerable disadvantages for the common good, an otherwise imminent danger to public safety or a serious impairment of the rights of another person, or 2. the person concerned has consented in individual cases.
(3) paragraphs 1 and 2 shall apply mutatis mutandis for documents concerning medical care and therapies.
(4) personal data from the State aid Act may be used without the consent of the person concerned or transmitted to another authority are required for the determination and calculation of the remuneration or supply or for testing the child's permission. This applies also to data from the pay file and the supply Act insofar as they are necessary for the determination and calculation of the aid.
(5) the aid editing, as well as the leadership of the State aid Act can be transferred with the consent of the Supreme authority of the service to a different position of the Federal Government. Personal information, including health information, may be transferred to this point, as far as their knowledge for manipulating State aid is required. Paragraphs 1 to 3 shall apply for this post.

§ 109 male and female civil servants are duty to consult to complaints, to hear claims and assessments that are unfavorable for them or can be detrimental to them, unless the hearing is not under other legislation before their inclusion in the personnel file. Their statements are to take to the personnel file.

Section 110 right of inspection (1) male and female civil servants have, even after termination of the officials, a right of access in their full personnel file.
(2) access be granted, as far as official reasons do not preclude the is authorised representative of the officer or official. The same applies for survivors and their representatives, if a legitimate interest is made credible. Sentences 1 and 2 shall apply to information from the personnel file.
(3) the personal file-leading authority determines where the access is granted. As far as official reasons do not preclude the, extracts, copies, copies or printouts can be produced. Is an expression of the official or the official request to their or his person automates personnel file data stored to leave.
(4) civil servants and public officials have a right of access in other files that contain personal data about them and are used for their employment, unless otherwise determined by law. This does not apply to security files. The inspection is not allowed, if the data of the or of the affected data are so connected needy non-disclosure non personal data or third party, that their separation not or is possible only with disproportionate effort. In this case, information, to furnish is the officer or the officer.

Section 111 submission of personnel files and information to third parties (1) without the consent of the officer or official, it is permissible to submit the personnel file of the Supreme Administrative authority or an authority weisungsbefugten within the framework of the supervision, insofar as this is necessary for purposes of human resources management or human resources. The same is true for authorities of the same Division insofar as the template for the preparation or implementation of a personnel decision is required, as well as for authorities of another division of the same employer, as far as these to participate have a personnel decision. A doctor or a physician that on behalf of the staff managing authority created a medical opinion, the personnel file may also be made without consent. Sentences 1 to 3 shall apply for information from the personnel file. As far as information goes out, is to refrain from a template.
(2) as far as the staff managing authority has delegated tasks that her responsibility to their employees, a different public authority for independent processing, it must transmit this point personnel file information needed to carry out the tasks.
(3) information to third parties may be granted only with the consent of the officer or official, except that the defense of a significant disturbance to the public interest or the protection requires legitimate, collective interests which or the third party providing information is mandatory. The information shall be limited to the amount required by each. Content and recipient or recipients of the information are to inform the officer or the officer in writing.

§ 111a the collection and use of personal file data on behalf of the staff managing authority is only allowed collection and use of personal file data on behalf of (1), 1 as far as it is necessary a) for the approval, setting or payable making of cash payments, b) for the automated execution of tasks or c) to certain medical examinations that are required for the fulfilment of the tasks of the medical service , and 2. If the customer regularly checked the beamten - and data protection compliance by the contractor.
(2) the order requires the prior consent of the Supreme Administrative authority. For this purpose the customer of the Supreme Administrative Authority has in time before placing an order in writing: 1. the contractor, this taken technical and organizational measures and the supplementary provisions after paragraph 3, 2nd to task, for their performance of the contractor charge the data or using, 3. the nature of the data collected for the client or used should be , and obtaining subcontracting by the contractor intended the circle of employees, to which the data relate, as well as 4.
The contractor is a public body, sentences 1 and 2 shall apply for him that the notice to the Supreme Federal authority responsible for this place is.
(3) in order to define that the rights of the data protection officer of the authority to the contractor is according to § 11 paragraph 2 sentence 2 of the German Federal Data Protection Act. As far as the contractor is a non-public place is also set, that the contractor has to tolerate a control according to §§ 21 and 24 to 26 paragraphs 1 to 4 of the Federal data protection act or the Federal Commissioner for data protection and freedom of information.
(4) a non-public place may only be commissioned if otherwise errors in the business process can occur 1 the principal or the contractor can do the tasks significantly cheaper and 2. responsible for data processing at the contractor workers especially on the protection of the personnel file data are required.
(5) the contractor must collect the data only in the context of the client's instructions or use. He is of the opinion that an instruction of the client violates this law or other provisions concerning data protection, he has to indicate the principal without delay. The contractor may use the data only for the purposes set out in the order and store only for the period set out in the order.
(6) the rights of the person concerned must be made towards the principal according to the Federal Data Protection Act.
(7) contracts may be granted only with prior consent of the customer.

§ 112 to remove records of complaints, claims and ratings, on which not applicable sentence 1 of the Federal Disciplinary Act § 16 par. 3 and 4, are 1 if they revealed themselves as unfounded or wrong, removal of documents (1) with the consent of the officer or official immediately from the personnel file and destroy, or 2. If are unfavourable for the civil servant or the officials or her or him can be detrimental , to remove after two years at the request of and to destroy; This shall not apply in the case of official assessments.
The period pursuant to sentence 1 No. 2 is interrupted by new facts within the meaning of this provision or through the introduction of a criminal or disciplinary proceedings. The renewed accusation turns out as unfounded or false, the deadline is considered not interrupted.
(2) notification in criminal matters, as far as they are not part of a disciplinary file, as well as information from the Federal central register are with the officer or official approval after two years to remove and destroy. Paragraph shall apply accordingly 1 sentences 2 and 3.

Article 113 (1) personnel files are retention period to store five years after her graduation from the personnel file-leading authority. Personnel files are complete, 1 when the officer or the officer without pension rights is eliminated from the public service at the end of the year of reaching the age limit of rule, in the cases of § 41 or of section 10 of the Federal disciplinary law but only when potential care recipients and care recipient no longer exist, 2 If the officer or the officer without versorgungsberechtigte or long-eligible survivor has died , at the end of the year of death, or 3. If there are versorgungsberechtigte or long-eligible survivors after the death of the official or the official accounts for the last supply obligation at the end of the year, in which is.
Can the 2 and 3 relevant time not detected 2 No. after sentence, § is 5 para 2 sentence 2 of the German Federal Archives Act apply mutatis mutandis.
(2) documentation of aid, medical care, medicine, supports, diseases, relocation and travel expenses are five years, records of annual leave are to be kept three years after the end of the year, in which the processing of the single operation was completed. For payment giving rise records pursuant to sentence 1 is the retention period of six years. Documents, from which the type of a disease is evident, immediately return or destroy, if they are no longer needed for the purpose for which they have been submitted. As a purpose to which the documents have been provided, also, that discounts or refunds be made procedures.
(3) supply files and long files are to be kept ten years after the end of the year, in which the last payment of supply or long - or survivor payment age has been done. The possibility of a revival of the claim, the files shall be kept 30 years.
(4) the personnel records can be destroyed, provided that they are not covered under section 2 of the Federal archive law of the German Federal Archives or a provincial archives after expiry of the retention period.

Automated processing of personnel files data § 114 (1) personnel file data may only for purposes of staff management or automated processes of personnel management. Your submission is permitted only in accordance with the § 111. An automated data retrieval by other authorities is prohibited, unless otherwise provided by special laws.
(2) personnel file data within the meaning of § 108 only in the context of its purpose and only the rest of the personnel files may be processed automatically technically and organizationally separated.
(3) from the documentation of medical or psychological examinations and tests only the results may be processed within the framework of the human resources management automated, insofar as they concern the suitability and their use serves to protect of the officer or official.
(4) officers decisions may be based not solely on the automated processing of personal data, which are assessing individual personality traits.
(5) in the case of first-time storage, the way the to her or his person referred to in paragraph 1 stored data to announce significant changes, they are to inform is the officer or the officer. Document processing and uses of automated human resources management procedures and to announce including respective purpose as well as the regular recipient and the contents of automated data transfer generally are also.

§ 115 deliveries in criminal proceedings (1) the Court, the prosecution or the enforcement authority has in criminal proceedings against civil servants and officials to ensure the necessary staff in the case of bringing the public action 1 the indictment or a claim its place, 2. to submit the application for adoption of a Strafbefehls and 3 final the an instance decision on ground. Is against the decision an appeal been lodged, is to transmit the decision having regard to the appeal. The adoption, and the execution of an arrest warrant or a housing command are to be communicated.
(2) in proceedings for negligence committed crimes you only be done set 1 specific submissions in paragraph 1, if 1 it is serious infringements, namely offences of drunkenness in traffic or of manslaughter, or 2. in other cases requires the knowledge of the data due to the circumstances of the case, to check whether labor law measures are.
(3) decisions on procedure settings that are not already transmit pursuant to paragraph 1 or 2, shall be delivered if you requirements referred to in no. 2 in paragraph 2 are met. It should be noted, the findings are as secured, that underlie the decision to be transmitted.
(4) any other facts which become known in criminal proceedings, may be disclosed, if their knowledge due to the special circumstances of the case for labour law measures against an official or a civil servant and is recognizable if not for the transmitting authority that prevail protect interests of the officer or official at the exclusion of the delivery. The knowledge of the data is required even if they offer to check whether labor law measures are. Paragraph 3 sentence 2 is apply mutatis mutandis.
(5) according to paragraphs 1 to 4 transmitted data may be used also for the performance of duties to the security review law or a relevant law.
(6) submissions pursuant to paragraphs 1 to 3 are also allowed, as far as they relate to data which are subject to the tax secrecy (section 30 of the tax code). Submissions are permitted pursuant to paragraph 4 under the conditions of § 30 par. 4 No. 5 of the tax code.
(7) communications are to the competent superiors or their representation in the Office and marked as "Confidential personnel matter".
Section 7 officials representation section 116 membership in trade unions and professional associations (1) male and female civil servants have the right to join together in trade unions or professional associations. They can command the local trade unions or professional associations with their representatives, unless otherwise determined by law.
(2) no civil servant and not a civil servant may be official scolded for activity of a trade union or a professional association or at a disadvantage.

§ To ensure 117 personnel representation that is staff of civil servants and officials. The details are governed by law.

§ Participation of acting that are leading the competent trade unions in the preparation of general rules of bibliographical relations to participate in 118.
Section 8 federal personnel Committee § 119 tasks (1) the federal personnel Committee serves the uniform handling of beamtenrechtlicher exception rules. More than the tasks provided for in this Act may be transferred him by regulation of the Federal Government.
(2) the federal personnel Committee performs his duties independently and under their own responsibility.

§ 120 members (1) the federal personnel Committee consists of eight regular and eight alternate members.
(2) permanent members are the Federal President or the President of the Federal President or Chairman and the head of the Law Department or the head of the Law Department of the Federal Ministry of the Interior. The heads of the divisions and head of the central departments of two other top federal agencies and four more officials and officials of the Federal Government are non-permanent members. Deputy members are ever an official or an official of the Confederation of the authorities referred to in sentence 1, the heads of divisions and head of the central departments of two other Supreme Federal authorities as well as four more officials or officials of the Federal Government.
(3) ordinary non-permanent members and the Deputy members are ordered by the President or by the Federal President on a proposal from the Federal Minister of the Interior or the Federal Minister of the Interior for a period of four years, of which four full and four deputy members due to a naming by the acting of the competent trade unions.
(4) the federal personnel Committee to carry out its tasks is supported by an Office in the Federal Ministry of the Interior.

§ 121 status of members the supervision over the Federal Minister of the Interior or the Minister of the Interior with the following stipulations leads the federal personnel Committee on behalf of the Federal Government: 1. federal personnel Committee members are independent and subject only to the law. You may be due to their activity, neither official scolded or discriminated against.
2. leave from her duties as a member of the federal personnel Committee from a) by lapse of time, b) by leaving from the main office or from the authority, which are relevant to their membership, c) by completion of the official ratio or d) under the same conditions under which members of a Chamber or a Senate for disciplinary matters because a final decision in criminal or disciplinary proceedings lose their Office; § 66 shall not apply.

§ 122 rules of procedure of the federal personnel Committee shall adopt its rules of procedure.

§ 123 sessions and decisions (1) the federal personnel Committee meetings are not public. The federal personnel Committee may permit the presence at the hearing by the administrations responsible persons and third parties.
(2) the or of the Chairman of the federal personnel Committee or the or the Vice-Chair of the federal personnel Committee chairs the meetings. Both are prevented, takes their place the longest-serving member.
(3) the persons appointed by the administrations are to listen.
(4) decisions are taken by majority vote. Quorum, the presence of at least six members is required. Vote decides the voice of or of the Chairperson.
(5) decisions of the federal personnel Committee are known to make, as far as they are of general importance. Nature and extent regulates the rules of procedure.
(6) where a decision-making power is granted to the federal personnel Committee, its decisions bind the administrations involved.

§ 124 of evidence, information and assistance (1) the federal personnel Committee can to perform its tasks in the appropriate application of the rules of evidence charge code of administrative court procedure.
(2) the participating Governments have to provide information to the federal personnel Committee upon request and submit files, as far as this is necessary for carrying out its tasks. All services are free of charge to provide assistance the federal personnel Committee.
Section 9 appeals and legal protection section 125 service way for requests and complaints (1) male and female civil servants can submit requests and complaints. This is the way to comply. The appeals available until the Supreme Administrative authority.
(2) the complaint is against the immediate supervisors or immediate superiors, she can be submitted directly on or the next higher superior.

126 Administrative law trail (1) for all actions of the administrators, officials, retired civil servants, retired officials, former officials, former officials and the survivors of the civil service, as well as for the actions of the employer the way administrative law is given.
(2) from all accusations, a pre-litigation procedure is according to the provisions of the 8th section of the administrative court order making. This applies even if the measure has been taken by the Supreme authority of service.
(3) the Supreme authority of service issues the notice of opposition. It can transmit other authorities the decision for cases in which she has not even taken the measure by general arrangement. The arrangement is to publish.
(4) opposition and legal challenge to the delegation or transfer have no suspensive effect.

Article 127 representation of the employer
(1) in the case of complaints of the civil service represented the employer by the Supreme authority of the service is subject to the officer or the officer or at the termination of the civil servants has were under. Claims according to §§ 53 to 61 of the officials supply Act of the employer by the Supreme authority of service represented, whose substantive instruction is subject to the regulatory authority.
(2) the Supreme authority of the service no longer exists and another service authority is not specified, the Federal Ministry of the Interior shall take their place.
(3) the Supreme Administrative Authority may delegate the representation by a general arrangement other authorities. The arrangement is to be published in the Federal Law Gazette.

Delivery of orders and judgments orders and decisions that are known to give civil servants and officials or pensioners according to the provisions of this Act, section 128 are to deliver, if they used a period during or rights of the officer or official or the beneficiaries will be affected by it. As far as nothing else is determined by law, delivery depends on the law of administrative service.
Section 10 special legal relations article 129 male and female civil servants of Supreme Federal bodies (1) the officers and officials of the Federal Parliament, the Federal Council and the Federal Constitutional Court are civil servants and officials of the Federal Government. The appointment, dismissal and retirement will be made by the President or the President of the Bundestag, the President or the President of the Federal Council or by the President or the President of the Federal Constitutional Court. These are the Supreme authority of service.
(2) the Director or the Director of the Federal Council can be offset at any time in the disponibility, unless he or she officer on life time or official life.

§ 130 scientific and senior staff of the universities of the Federal Government (1) are the official leaders and staff Director, the staff full-time members of governing bodies as well as officers belonging to the scientific staff and officials of a College of the Federation, that national law has received the property of a State-approved University or college and whose personal stands, in the service of the Federal Government a civil servant subject to the Federal.
(2) the scientific staff of these universities consists in particular of the professors and teachers (professors, junior professors and assistant professors), the research staff and scientific staff, as well as teachers for special tasks.
(3) the professors and lecturers accept each incumbent on their University responsibilities in science, research, teaching and training in their subjects independently after closer design of their duties have ceased.
(4) professorships and junior professorships are publicly to write out. A call for tenders may be waived if should be 1 an existing civil servant subject to time same Professor transformed into a civil servant subject to lifetime or 2 a junior professor or an associate professor of the University appointed.
(5) scientific staff and research associates are the servants and officials, which are the responsibility of scientific services. In justified cases the independent perception can be transferred them from tasks in research and teaching.
(6) teachers for special tasks are, as far as they are not in a private service relationship, civil servants and officials who can be employed without setting conditions for professors, when predominantly providing practical skills and knowledge is required.

§ 131 setting conditions for university professors and lecturers and research assistants, and Research Associates (1) are setting requirements for professors in addition to the General staff requirements 1 a degree, 2. the educational suitability, 3. a special qualification to scientific work, which is proven generally by the quality of a promotion, and 4 according to the requirements of point a) additional scientific achievements or b) special services for the application or development of scientific knowledge and methods in a multi-year professional practice.
(2) setting requirements for junior professors and assistant professors are in addition to the General staff requirements 1 a university degree, 2. the educational suitability and 3 a special qualification to scientific work, usually by the outstanding quality of a promotion is proven.
Unless before or after the promotion employment was a relationship as a researcher or scientific staff, promotions and employment phase should have be together no more than six years. Extensions due to times of a mother protection law prohibition of employment, recourse to parental leave, leave of absence or reduction of working hours due to care or care of a child under the age of 18 or an or a dependent other members, as well as a waiver shall be disregarded here. All fixed-term employment relationships with more than a quarter of the regular working time, signed with a German university or a research institution, as well as relevant officials conditions on time and private employment contracts are credit hours pursuant to sentence 2.
(3) setting requires a university degree for academic staff and research associates in addition to the General staff requirements.

Section 132 labor law position of full-time scientific and senior staff of universities (1) professors are, as far as not a private employment relationship is established, appointed to civil servants on time and officials at the time for first-time appointment to the Professor relationship for six years. Derogation, the immediate grounds of relationship of civil servants lifetime is possible if 1 applicants and candidates for the post of a professor or not can be won or 2. is appointed a junior professor or an associate professor of the University.
After at least three years, the duties on time can be converted in one lifetime, if the College previously has conducted an assessment with a positive result. No conversion into a civil servant will be on lifetime, the professors with the expiration of their term or reached the age limit of the civil service on time are dismissed. A one-time again appeal a civil servant subject to time same Professor is allowed.
(2) junior professors and assistant professors are, as far as not a private employment relationship is established, appointed to civil servants on time or officers on time for three years. During the third year the civil servant should be extended by another three years, if the junior professor or junior professor has proved as a university teacher or professor. Otherwise, it can be extended to up to one year. A further extension is not allowed, except for the cases of paragraph 5. This applies also to a new setting as a junior professor or junior professor.
(3) scientific staff and research associates, which where provides for a fixed-term employment, are, as far as not a private employment relationship is established, appointed for a period of three years for civil servants on time and officials on time. A one-time extension of the ratio of civil servants on time for another three years is allowed.
(4) § § 42 and 48 shall apply for staff college lecturers and staff college lecturers, for permanent upper assistants, upper staff, assistants, staff Oberingenieurinnen staff died §§ 42 and 48 b and amended for permanent scientific and artistic assistants §§ 42 and 48 of the Hochschulrahmengesetz in the December 30, 2004.
(5) where professors and academic or research staff and scientific staff are civil servants on time and officials at the time, the service relationship is, unless official reasons do not preclude which, at the request of the official or the official times a mother protection law prohibition of employment and the use of parental leave and up to three years, at times of a family-related part-time or leave after section 92 and to extend time of a family care time according to § 92a.
(6) the entry of a professor or a professor in retirement due to reaching the age of retirement will take effect at the end of the semester or trimester in which the age is reached. A transfer to retirement at the request should be pronounced at the end of the semester or trimester unless that health considerations militate against the. A dismissal of the civil service at the request may be deferred until the end of the semester or trimester, when official concerns require it.
(7) at the request of the Professor or the Professor, entering retirement may be a total deferred until the end of the month in which the 75th year of life is accomplished if this is due to the particular scientific achievements in individual cases in the interests of. Article 53, paragraph 1, sentence 2 shall apply accordingly.
(8) permanent managers and staff Director and permanent full-time members of governing bodies are appointed for six years in a civil servant on time. You are dismissed with the expiration of their term or reaching the age of this civil service. By way of derogation from sentence 2 they appear at the end of their term or on reaching the age to retire, if they service completed a period of at least ten years in official relations or in a service relationship as electrician or professional soldier entitled to remuneration have 1 or 2 from a civil servant were appointed for life, or from a service relationship as electrician or professional soldier in a civil servant on time.
It's 3 No. 2 to a civil servant for life to the Federal Government, in the cases of the record rests this legal relationship with all rights and obligations for the duration of the civil servants on time except for the duty of confidentiality and the prohibition of the acceptance of rewards, gifts and other advantages.
(9) the rules about the careers and the disponibility and the sections 87 and 88 are professors not to apply. The responsibilities of a higher education institution requires a regular or scheduled attendance, the Supreme authority of the service the articles 87 and 88 to certain categories of civil servants and officials for applicable can explain.
(10) professors can be ordered only with their consent or staggered. The dissolution, merger or a significant modification of the superstructure or the tasks of State-recognised universities of the Federal Government, whose training courses are geared exclusively to the public service applies § 28 para 3 for permanent professors, professors, junior professors, assistant professors and college teachers and university lecturers.

§ 133 honour officers and honorary officers (1) honour officers and honorary officers pursuant to section 6 para 5 shall apply the provisions of this Act with the following stipulations: 1. after reaching the age. Honorary officers and honorary officers can to be adopted. They are to adopt, if the other conditions for the transfer of a civil servant or Government official to retire.
2. not apply the § § 28, 53 para 2, § 72, 76, 87, 88, 97 to 101 and 104, Honorary Consul secondary Amtinnen and honorary consular officers, also are § 7 para 1 No. 1 (2) the accident compensation for honorary officers and honorary officers and their survivors according to § 68 of the officials supply law.
(3) In addition, the legal relationships rules according to the specific legislation applicable to each group of honorary officers and honorary officers.
Section 11 reshuffle of local authorities § 134 reshaping a body (1) violate civil servants and officials of a legal person of under public law with Service Mr capability (Corporation), which is fully integrated into another body, with the reshuffle by operation of law in the service of the host body.
(2) civil servants and officers of a corporation that is fully incorporated into several other bodies are in proportion in the service of the host authorities to take over. The involved authorities have within a period of six months from the date in which the transformation is completed to determine by what authorities the individual officers and officials to take over are in agreement. As long as the transfer has not taken place, all concerned authorities for related to remuneration as jointly and severally liable.
(3) civil servants and officers of a corporation that is partially incorporated into one or more other corporations, are to a proportionate extent proportionally with several corporations to take over in the service of the host authorities. Paragraph 2 sentence 2 shall apply.
(4) paragraphs 1 to 3 shall apply mutatis mutandis if a corporation with one or more other corporations is affiliated to a new entity, if from a corporation or a body parts one or more new bodies are formed, or if tasks a body completely or partly to one or more other entities.

§ 135 exceeds legal consequences of transformation (1) an official or a civil servant on the basis of § 134 para 1 by operation of law in the service of some other body or is he or she applied on the basis of § 134 para 2 or 3 by some other body, the civil servant will be continued with the new employer.
(2) in the case of § 134 para 1, the continuation of the relationship of civil servants is the civil servant or the officials of the host or new authority to confirm in writing.
(3) in the cases of § 134 para 2 and 3 taking is has by the Corporation, in whose service the officer or the officer should appear. The order is effective upon delivery to the official or officials. The officer or the officer is obliged to comply with the available. He or she does not fulfil the obligation, he or she will be dismissed.
(4) paragraphs 1 to 3 shall apply mutatis mutandis in cases of § 134 4.

Section 136 legal status of civil servants and officials (1) according to § 134 in the service of some other body should excess or acquired by it administrators an Office to evaluate the previous Office after meaning and content are transmitted. If a use corresponding to the previous Office is not possible, § 28 are to apply paragraph 3 and article 34, paragraph 1, sentence 1 No. 4 according to. In application of article 28, paragraph 3 the officer or the officer in addition to the new official title must lead "out of service" or "a. D." that the former Office with the addition.
(2) the host or new body can if the number of servants existing after the reshuffle with her and officers exceeds the real needs, within a period of six months the expendable civil servants on lifetime or on time or the civil servants on lifetime or on time, whose area of responsibility was touched by the reshuffle, put in temporary retirement. The period of sentence 1 in the case of § 134 para 1 with the progression in the cases of § 134 para 2 and 3 with the determination of those officials and officers, the corporation committed to the takeover. The same applies in the cases of § 134 para 4, § 55 clause 2 shall apply. Civil servants on time and officials on time, that are transferred pursuant to sentence 1 retired in the interests of the interim retirement ends with expiry of the term. They are staggered at this time as all the time in retirement, when they were joined by remaining in the Office at the end of the term of retiring.

§ 137 legal status of care recipients and care recipients (1) the regulations § 134 para 1 and 2, and of article 135 shall apply mutatis mutandis the care recipients existing at the time of the reshuffle in the issuing corporation and care recipients.
(2) in the cases of § 134 para 3 remain the demands of care recipients existing at the time of the reshuffle and care recipients are compared to the issuing corporation.
(3) which shall apply paragraphs 1 and 2 in the cases of § 134 para 4 section 12 voltage and defense case, usages in the foreign section 138 are only in accordance with article 80 of the basic law allowed scope restrictions, regulations and obligations under §§ 139 and 142. You are on persons within the meaning of § 5 para 1 of the work back-up Act does not apply.

Services in the defence case (1) male and female civil servants can section 139 for purposes of Defense even without their consent to service Lord seconded or are obliged to service performance from parent or intergovernmental civil service bodies.
(2) also tasks can be transferred for purposes of defence administrators, representing not their office or their career qualifications, insofar as the acquisition is reasonable them after their on - and training and with regard to the exceptional situation. Only them of tasks a career with lower entry requirements may be transferred, when it is incontrovertible for official reasons.
(3) civil servants and officials have in fulfilling the tasks entrusted to them for purposes of the defense to take risks and obstacles to, insofar as this can reasonably be expected to them according to the circumstances and the personal circumstances.
(4) civil servants and public officials are obliged with a transfer of their authority or agency in the foreign service at the new place of employment.

§ 140 postponement of discharge and retirement
The dismissal of civil servants and officials at their request may be deferred for purposes of Defense, if this is necessary in the public interest and personnel requirements of the public administration with regard to their employer on a voluntary basis can not be covered. Sentence 1 shall apply accordingly for the end of term in conditions of civil servants on time. Admission to retire upon reaching the age of retirement and the early transfer to retire on request without proof of the invalidity may under the conditions of sentence 1 to be postponed to the end of the month in which the age is reached.

§ 141 can re appointment of retired civil servants and retired officials retired civil servants and retired officials, which have not yet reached the age for purposes which are appointed defense again in a civil servant if this is necessary in the public interest and staffing requirements of the public administration with regard to their former employer on a voluntary basis may not be filled. The officers expire if it is not previously quits at the end of the month in which the age is reached.

Commitment to shared accommodation and overtime (1) if there are business reasons to do so, can section 142 civil servants and officials for purposes of defence committed are, to live temporarily in a shared accommodation, and to participate in a Community Board.
(2) civil servants and officials are obliged to do service for purposes of Defense beyond the regular working hours, without extra fee. For the extra stress, a time off in lieu shall only as far as the official requirements allow.

§ 143 uses abroad (1) civil servants and officials who are used to the perception of the Office entrusted to them abroad or outside German territory on ships or aircraft and are exposed due to dangers raised by domestic of significantly differing conditions can official reasons must be 1 temporarily in a shared accommodation to live and to participate in a Community Board, 2. protective clothing to wear , 3. service clothes to wear and 4 beyond the regular working hours, without extra fee service to do.
In the cases of the set a time off in lieu will only be granted for the additional stress 1 No. 4 as far as the official requirements allow.
(2) the civil servant used male and female civil servants at the time of the intended to retire after the §§ 44, 51 and 53 or intended expiration of her tenure because of abduction, captivity or other service-related reasons, which did not have to represent them, removed from the sphere of influence of the employer, are referred to in paragraph 1 is extended to the end of the month following the termination of this State.
Section 13 authority of Supreme Federal authorities (1) transitional and final provisions section 144 is a federal Corporation, institution or Foundation under public law master of a servant or an official, the Supreme Federal authority responsible for the supervision in cases where by this Act or the civil servants Act, the Supreme authority of the service has the decision, may reserve this decision or make subject to the decision of its prior consent. She can be also binding principles for the decision.
(2) for federal authorities, establishments and foundations under public law, which do not own authorities, the competent management authority takes their place for the in conferred on this law or the civil servants act of an authority or to transfer competences.

§ 145 regulations, implementing provisions (1) Regulations under this Act require not the consent of the Federal Council.
(2 the Federal Ministry of the Interior shall issue) General regulations necessary for the implementation of this law and the regulations issued on the basis of this Act unless the law States otherwise.

Section 146 public religious societies this Act does not apply to the public religious societies and their associations. It is this up to explain the legal relationships of their civil servants and officials and chaplains and chaplains of this act according to rules or provisions of this Act apply.

§ 147 transitional arrangements (1) cannot be derogated from first alternative transition to a budgetary law, but no longer than up to December 31, 2010, of § 10 section 3. While the trial period belongs to the career and § 6 para 1 No. 3 of the federal civil servants act as amended by the notice of 31 March 1999 (BGBl. I p. 675) in force until February 11, 2009 amended shall apply.
(2) for civil servants and officials who have been appointed before entry into force of this Act in a civil servant on trial are instead of § 10 para 1 and 3 and section 11 of article 6, paragraph 1 and of article 9 of the federal civil servants act as amended by the notice of 31 March 1999 (Federal Law Gazette I p. 675) to apply in the version applicable up to February 11, 2009. By way of derogation from sentence 1 civil servants and officials who were appointed prior to February 12, 2009 in a civil servant on trial are appointed on request in a civil servant life time, if 1 they have proven themselves in the trial in its entirety and 2 since the appointment to the civil servant subject to sample at least three years have passed.
(3) the Federal Government reviewed the raising of age limits according to §§ 51 and 52 in accordance with the report according to section 154 (4) of the sixth book of the social code.