Read the untranslated law here: http://www.gesetze-im-internet.de/beamtstg/BJNR101000008.html
Law governing the status law of civil servants and officials in the countries (law on civil servants status - BeamtStG) BeamtStG Ausfertigung date: 17.06.2008 full quotation: "law on civil servants status by June 17, 2008 (BGBl. I S. 1010), by article 15 section 16 of the Act of February 5, 2009 (BGBl. I p. 160) has been changed" stand: amended by article 15 para 16 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from) : 1.4.2009 +++) input formula the Bundestag approved the following law with the consent of the Federal Council: table of contents section 1 General provisions § 1 scope article 2 Service Mr ability section 2 duties section 3 officials money § 4 types of officials ratio § 5 honor officers and honorary officers section 6 officials ratio on time § 7 requirements of § 8 officials relations appointment article 9 criteria of appointment article 10 required the appointment on lifetime § 11 cancellation of appointment article 12 withdrawal of appointment section 3 of transnational and change in the Federal Administration section 13 principle § 14 delegation section 15 transfer section 16 reshuffle a corporation section 17 legal consequences of the reshuffle of § 18 legal status of civil servants and officials of section 19 status of care recipients and care recipients section 4 assignment working at other institutions article 20 assignment section 5 termination of officials article 21 grounds for termination article 22 dismissal power law article 23 release by administrative act section 24 loss of civil servants rights section 25 retired due to reaching the age limit of section 26 invalidity article 27 limited service capacity § 28 retirement for civil servant subject to sample section 29 restore the service of § 30 of interim retirement article 31 of provisional retirement in transformation and resolution of authorities § 32 latency section 6 legal status of a civil servant subject section 33 basic obligations § 34 duties, conduct § 35 Weisungsgebundenheit § 36 responsibility for the legality of section 37 confidentiality § 38 oath of section 39 prohibition on the conduct of the service business § 40 second jobs § 41 activity after termination of the officials of section 42 ban of the acceptance of rewards, gifts and other benefits § 43 part-time § 44 holiday § 45 care § 46 maternity protection and parental leave § 47 duties section 48 duty to pay damages section 49 transfers at criminal procedure § 50 personnel file § 51 staff article 52 membership in trade unions and associations § 53 participation the German section 7 recourse section 54 administrative law way section 8 voltage and defense case § 55 scope article 56 service in the defense case of § 57 postponement of discharge and retirement section 58 re appointment of retired civil servants and retired officials section 59 commitment to shared accommodation and overtime section 9 special arrangements for uses in the foreign section 60 uses abroad section 10 special rules for scientific staff § 61 professors and teachers section 11 final provisions § 62 consequential amendments 63 entry into force , Except entry into force section 1 General provisions section 1 scope this law regulates the status law of the bodies subordinate to civil servants and officials of the States, municipalities and municipal associations as well as the other in the supervision of a country, institutions and foundations under public law.
Section 2 Service Mr ability, the right to have civil servants and officials, have 1 States, municipalities and municipal associations, 2. other bodies, institutions and foundations under public law, who possess this right at the time of entry into force of this law, or where it is awarded by a State law, or because of a State law.
Section 2 civil servant § 3 duties (1) civil servants and officials at their employer in a public service and loyalty relationship (civil servant).
(2) the appeal in the civil servant is only allowed to exercise public tasks 1 or 2 such tasks that are transferred not only people reasons the security of the State or of public life which may, in a private employment relationship.
§ 4 types of relationship of civil servants (1) the civil servant for life serves the ongoing performance of duties according to § 3 para 2. It is the rule.
((2) a is used the civil servant subject to time) the temporary performance of duties according to § 3 par. 2 or b) the first temporary transfer of an Office with executive function.
((3) the civil servant subject to sample is the completion of a probationary period a) for later use on life time or b) to the transmission of an Office with executive function.
((4) a is used the civil servant subject to revocation) of a preparation service or b) the temporary performance of duties according to § 3 para 2.
§ 5 honorary officers and honorary officers (1) as honorary officer or honorary officer can be appointed, who should carry out tasks within the meaning of § 3 para 2 free of charge.
(2) the legal relationships of honorary officers and honorary officers can by way of derogation are governed by national law of the General regulations for civil servants and officials so far as it requires the special legal status.
(3) an honorary civil servant cannot be cast to a such duties in an honorary duties in a different kind, civil servant.
§ 6 duties on time for the legal relationships of officials and officials at the time the rules for civil servants on lifetime and officials accordingly, unless otherwise provided by State law.
§ 7 conditions of the civil servants relationship (1) in the civil servant may only be appointed who is 1 German or German within the meaning of article 116 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, Germany and the European Union have contractually given a corresponding claim on recognition of professional qualifications , 2. features guarantee for, to advocate the free democratic basic order within the meaning of the basic law at any time, and, 3. possesses the qualifications required by State law.
(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) exceptions to paragraph 1 may be admitted only no. 1 and paragraph 2, 1 for the production of official or official is an urgent official interest or 2. when the appointment of professors and teachers and other employees of scientific and artistic staff in the duties there are other important reasons.
§ 8 appointment (1) an appointment is required to the 1 establishment of the official relationship, 2. transformation of the relationship of officials in such an otherwise (section 4), 3rd ceremony of other Office with other basic salary or 4th ceremony of other Office with other official title, as far as the law of the land determines this.
(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',"as 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.
(4) an appointment to a past time is illegal and ineffective in that regard.
§ 9 criteria of appointment are appointments for suitability, competence and professional performance without regard to gender, ethnicity, race or ethnic origin, disability, religion or belief, political views, origin, to make relationships or sexual identity.
§ 10 condition of appointment for life appointment to the civil servant for life or to the officials for life is permitted only if the officer or official has proved in a trial period of at least six months and not more than five years. From the minimum sample time exceptions can be determined by national law.
§ 11 cancellation of appointment (1) appointment is void if 1 it is not the form prescribed in section 8, 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, b) was not capable of the clothing of public offices or c) an underlying included her choice is ineffective.
(2) the appointment is to be regarded from the outset as effective, if 1.
in the case of paragraph 1 No. 1 from the document or from the file content clearly state that the body responsible for the appointment wanted to justify a particular civil servant or convert an existing relationship of civil servants in such a different type for the other conditions are met, and the effectiveness in writing the body responsible for the appointment. the same applies, if the length of time is missing, by State law, but the amount of time is determined, 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.
§ 12 is withdrawal of the nomination (1) the appointment to take effect for the past when 1 it has been brought about by coercion, fraud or bribery, 2 not known was that the appointed person due to a crime or offence legally to a penalty was sentenced or is that for the appointment to the duties according to § 8 para. 1 No. 1 unworthy appear , 3. the appointment could not be made pursuant to § 7 para 2 and an exception was not approved according to § 7 para 3 and the exception is not granted or 4. a participation of an independent body or a supervisory authority prescribed by national law is no was taken and was not completed.
(2) the nomination should be withdrawn if not known was 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 a civil servant of the European communities or any State was taken pursuant to § 7 para 1 No. 1.
Section 3 of transnational and change in the Federal Administration section 13 principle the provisions of this section are valid only for land cross-secondment, transfer and transformation of bodies, as well as a secondment or transfer from one country to the Federal Administration.
§ 14 detachment (1) civil servants and officials may be seconded temporarily wholly or partly to a corresponding to the transferred Office activities in the area of employer of another country or of the Federal Government for official reasons.
(2) in the interests of the service, a delegation is temporarily wholly or partly to an activity corresponding to the Office not allowed, if the perception of the new activity due to the educational or vocational training to expect is the officer or the officer. Also the delegation to an activity that is not an Office with the same basic salary, is allowed.
(3) the delegation requires the consent of the officer or official. Notwithstanding sentence 1, the delegation without consent is permitted if the new activity is expected to and consistent with an Office with the same basic salary does not exceed a period of five years the delegation.
(4) the delegation has from the transferor in accordance with the receiving employer. Unless otherwise agreed between the service men, are the range of the receiving employer rules about the obligations and rights of civil servants and officials with the exception of the rules on service oath, official designation, payment of remuneration, to apply health care services and supplies. The service men, to which the delegation is done has the obligation to pay.
Transfer (1) § 15 civil servants and officials can request or official reasons are transferred in the field of employer of another country or of the Federal Government in an Office of a career for which they have competence.
(2) a transfer requires the consent of the officer or official. Notwithstanding sentence 1, the transfer without consent is permitted if the new Office with at least same basic salary is connected to the previous Office. Make allowances do not apply here as part of the basic salary.
(3) the transfer is has from the transferor in accordance with the host employer. The civil servant will be continued with the new employer.
§ 16 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) the officials 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 to determine by what authorities the individual officers and officials to take over within a period of six months after the reshuffle in agreement with each other. As long as an official or a civil servant is not taken, all receiving bodies for the remuneration due to him or her severally liable.
(3) the officials 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 is apply mutatis mutandis.
(4) paragraphs 1 to 3 shall apply mutatis mutandis if a corporation with one or more other corporations is merged into a new entity if one or more parts of various bodies are affiliated to one or more new parts of a body if from a corporation or a body parts one or more new bodies are formed, or if tasks a body completely or partially are transferred to one or more other corporations.
Section 17 exceeds legal consequences of transformation (1) an official or a civil servant on the basis of § 16 para 1 by operation of law in the service of some other body or is he or she applied on the basis of § 16 par. 2 or 3 by some other body, the civil servant will be continued with the new employer.
(2) in the case of § 16 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 § 16 par. 2 and 3 the takeover 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 shall, subsequent to acquisition available. The officer or the officer does not fulfil the obligation, he or she is to dismiss.
(4) paragraphs 1 to 3 shall apply mutatis mutandis in cases of § 16 para 4.
Article 18 legal status of civil servants and officials (1) civil servants and officials who transgress or acquired according to section 16 in the service of some other body law transferred Office to evaluate, that corresponds to their previous Office after meaning and content regardless of service and seniority. If a use corresponding to the previous Office is not possible, they can be transferred even another Office with a lesser salary. The salary must be at least of the Office, which had the servants and officials before the previous Office. In this case they shall lead ("a. D.") of the former Office with the addition of "out of service" in addition to the new title.
(2) the host or new Corporation can, put if the number of servants existing after the reshuffle with her and officials exceeds the real needs, within a time limit, which determining is reserved for the State law, civil servants and officials in the civil servant for life or temporary retired in the interests when whose remit was affected by the reshuffle. For civil servants on time and officials on time, that are transferred pursuant to sentence 1 in the disponibility, interim retirement ends with end of term; they are placed in 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.
Article 19 legal status of care recipients and care recipients (1) the regulations § 16 para 1 and 2, and of article 17 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 § 16 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) paragraphs 1 and 2 shall apply accordingly in the cases of § 16 section 4 section 4 assignment working at other institutions article 20 can assignment (1) administrators with their consent temporarily completely or partially an activity corresponding to their Office are assigned to 1 at a public institution without a service Mr property or in a public religious community in the interests of the service or public interest or 2nd at another institution , when public interests require it.
(2) a corresponding to their official activity at this facility can be assigned to without their consent wholly or in part civil servants and officials of a Department that is converted to wholly or partially in an organised public device without service Lord property, 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 officials article 21 grounds for termination the civil servant ends by 1 dismissal, 2. loss of rights of civil servants, 3. removal of the civil service after the Disziplinargesetzen or 4. admission or retirement.
Section 22 dismissal law (1) male and female civil servants are dismissed, if 1 the requirements of § 7 para 1 No. 1 no longer exist or they reach the age limit 2 and the civil servant does not end by retirement.
(2) the officer or the officer is fired, if a public service or official relationship establishes to a different employer or to a device without service Lord property, provided that is not in agreement with the new employer or establishing the continuity of the relationship of officials in addition to the new service or official relationship arranged or otherwise determined by national law. This does not apply for entry into a civil servant on revocation or as honorary officer or honorary official.
(3) the officer or the officer is dismissed the appeal in a civil servant subject to time of an other civil service with the same employer, as far as the law of the land meets no derogations.
(4) the civil servant subject to revocation ends with expiration of the day of the passing or the final failure to pass of the examination prescribed for the carrier, unless otherwise provided by State law.
(5) the civil servant subject to trial in an Office with executive function ends upon expiration of the trial period or the transfer to a different employer.
Article 23 male and female civil servants are dismissal by administrative act (1) to dismiss if they deny 1 the oath or a pledge written in its place, 2 not in retirement or temporary retirement can be moved because a supply legal waiting period is not met, 3 are permanently unfit for service, and the officers expire not through retirement, 4. require the dismissal in writing or have been appointed 5 after reaching the age of retirement.
In the case of the sentence 1 No. 3 is to apply section 26 subsection 2 according to.
(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 of the basic law in cases of § 7 para 2.
(3) officials on trial and officials can be dismissed, 1st when they commit an act which would have at least a reduction of the remuneration to which the civil servant subject to lifetime, 2nd if they did not have in the trial period or 3. if their responsibilities before an authority from the resolution of the authority or a national rule-based significant modification of building or merging this authority to another or by the transformation of a body is touched and a other use is not possible.
In the case of the sentence 1 No. 2 is to apply section 26 subsection 2 at alone lack of health fitness according to.
(4) officials on withdrawal and officials of revocation of can be dismissed at any time. Should be given the opportunity to end the preparation service and passing the examination.
§ 24 loss of civil servants rights (1) If an official or a civil servant in ordinary criminal proceedings by a German court 1 because of an intentional act to a term of imprisonment of at least one year or 2nd due to a deliberate act, which according to the regulations about peace treason, high treason and endangering the democratic rule of law, treason and endangering external security or, as the Act relates to a service action in the main office , Bribery, is punishable by law, is 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 the clothing of public offices or if the officer or the officer on the basis of a decision of the Federal Constitutional Court has forfeited a fundamental right under article 18 of the basic law.
(2) If a decision that results in the loss of civil servants rights entail, is lifted in a retrial, the civil servant is considered not interrupted.
Retirement due to reaching the age limit be § 25 civil servants on lifetime and officials after reaching the age limit retirement.
Section 26 invalidity (1) civil servants on lifetime and officials are to retire, if they are permanently incapable (disabled) because of their physical condition or to fulfill their official duties for health reasons. Unfit for service can be who more than three months has done no service within a period of six months as a result of disease and no prospect that the service capability is fully manufactured within a time limit, which determining is reserved for the State law, considered also. Relocating in retirement should be waived if a repurposing is possible. For groups of administrators, special requirements for the inability of the service can be controlled by State law.
(2) a repurposing is possible if another Office of the same or a different career can be transferred to the officer or the officer. In the cases of sentence 1, the transmission of another Office without consent is allowed if the new Office is part of the same employer, it is connected with at least same basic salary as the previous Office and if you expect to meet the health needs of the new Office. Male and female civil servants, who have not the capability into other careers, have on training measures for the acquisition of new qualifications to participate.
(3) to prevent the transfer to retirement also a poorer activity in the same master can be transferred the officer or the officer while retaining the transferred Office without consent if any other use is not possible and the perception of the new task, taking into account the recent activity is reasonable.
§ 27 limited service capability (1) by the transfer to retirement on grounds of invalidity should be waived, 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).
(2) the working time shall be reduced according to the limited service capability. It is possible to also use in an activity corresponding to the Office not with the consent of the officer or official.
§ 28 officials on trial and officials on trial are retired at civil servant on trial (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.
(3) § 26 para 1 sentence 3, para 2 and 3 and section 27 are according to apply.
Section 29 will restore the service of (1) after the transfer in retirement on grounds of invalidity service ability restored and requested the retired civil servant or retired officer before a deadline, which determining is reserved for the State law, not later than ten years after the transfer to retirement, a renewed appeal in the civil servant, is to comply with this request, if not compelling official reasons preclude.
(2) civil servants and officials who are transferred invalidity retirement may be called again in the civil servant, when an Office with at least same basic salary should be transferred in the service area of the previous employer and is expected, to meet the health needs of the new Office. Male and female civil servants, who have not the capability into other careers, have on training measures for the acquisition of new qualifications to participate. Also a low range activity in the same master can be transferred under transfer of Office of her previous career pursuant to sentence 1 the staggered invalidity retired civil servants and officials, if any other use is not possible and the perception of the new task, taking into account her previous work is reasonable.
(3) the renewed appeal in a civil servant is possible also in cases of limited service capability.
(4) civil servants and officials who are transferred invalidity retirement are obliged to take appropriate and reasonable measures to restore their service capacity; the competent authority may grant them appropriate instructions.
(5) the service ability of the retired officer or of the retired officials can be examined in accordance with the law of the land; He or she is obliged, under the authority of the competent authority doctor to be examined. The retired civil servant or retired officials may require an investigation if he or she intends to make an application pursuant to paragraph 1.
(6) in the case of a renewed vocation is the former civil servant as continued.
Article 30 interim retirement (1) civil servants on lifetime and officials can be moved at any time retired in the interests, if they serve in a capacity, the exercise of which they must be the Government in continuing compliance with the fundamental political views and goals. The determination of the offices pursuant to sentence 1 is subject to the law of the land.
(2) civil servants and officials who are appointed to test and serve in a capacity within the meaning of paragraph 1, can be fired at any time.
(3) the rules on retirement for the disponibility. § 29 par. 2 and 6 shall apply mutatis mutandis. The interim retirement ends at renewed appeal in the civil servant for life even at a different employer, if the Office is awarded civil servants or officials, which belongs to the same or an equivalent career as the former Office and is connected to at least same basic salary.
(4) reach civil servants and officials who are retired in the interests, the legal age limit, apply with this time as all the time offset in retirement.
Article 31 provisional retirement in transformation and resolution authorities (1) the dissolution of a public authority or a national rule-based significant modification of building or merge an authority with one or more other puts an official lifetime or an official lifetime retired in the interests, if the transmitted field is affected by the dissolution or reshuffle and a transfer is not possible under State law. Additional conditions can be controlled.
(2) the renewed appeal of the officer retired in the interests of displaced or shifted in the interim retirement official in a civil servant must be provided if an Office corresponding to the previous activity to occupy, he or she is suitable for the. For renewed appeals pursuant to sentence 1, which less than five years before reaching the age limit (§ 25) take effect, derogations can be made by national law.
(3) article 29 paragraph 6 shall apply accordingly.
§ 32 waiting period which puts retirement on the fulfilment of a legal supply wait ahead.
Section 6 legal status of a civil servant subject section 33 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 lead Office for the benefit 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 to ensure the moderation and restraint, resulting from their position opposite the public and out of respect to the duties of their Office in political activity.
§ 34 missions, behavior have civil servants and officials to devote their professional with full personal commitment. You have to carry the tasks entrusted altruistic best conscience. Their behaviour must meet the respect and the confidence, that their profession requires.
§ 35 Weisungsgebundenheit officials and 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.
Section 36 bear responsibility for the legality of (1) male and female civil servants for the legality of their official acts full personal responsibility.
(2) reservations about the legality of official orders have to assert civil servants and officials immediately on the service road. Maintained the arrangement they have, if concerns 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 the applied behavior the human dignity is violated or criminal or disorderly and criminal liability or administrative offence for civil servants or officials is evident. The confirmation has requested in writing.
(3) the civil servants or officials the immediate execution of the arrangement required by, because there is danger in delay and the decision in a timely manner can be reached which or the higher superiors, is paragraph 2 sentence 3 and 4 according to.
§ 37 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 body determined by national law 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 testify without approval on matters to which paragraph 1 applies, either in court or out of court or submit observations. The employer granted the authorization or, if the civil servant is finished, the last employer. The process, which forms the subject of the utterance, has occurred at a previous employer, the approval only with the consent be granted. By State law, it can be determined that another body takes the place of the respective employer referred to in sentences 2 and 3.
(4) the authorisation to testify as a witness or witness, may be refused only if the statement would cause significant disadvantages the well-being of the Federation or a German land or seriously jeopardise the fulfilment of public tasks or significantly complicate. By State law, it can be determined that the refusal of permission to testify before committees of inquiry of the Bundestag or the representative of a country of an investigation can be subjected. The right to give an opinion, can be refused if the refund would cause disadvantages the official interests.
(5) 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 paragraph 4 sentence 1 are fulfilled, just denied, if absolutely necessary for the business considerations. Is she fails, the protection is civil servants or officials to grant, the official considerations allow.
(6) civil servants and officials have, even after termination of the officials, at the request of the employer or of the last employer official documents, drawings, illustrations, and records any kind of official operations, also insofar as to reproductions, to give out. The same obligation applies their survivors and heirs.
Section 38 service oath (1) have officials and civil servants to take an oath of service. The oath must contain a commitment on the basic law.
(2) in cases in which civil servants and officials explain that they do not take the oath of faith or conscience, a pledge can be admitted for this in place of the oath.
(3) in the cases where according to § 7 paragraph 3 an exception no. 1 has been approved by article 7, paragraph 1, a vow may be prescribed in place of the oath.
Article 39 prohibition on the conduct of business of the service administrators can from compelling interests that guide the service shops are prohibited. 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.
§ 40 ancillary activity an ancillary activity is basically a notifiable disease. It is permission or prohibition subject to, as far as it is suitable to harm business interests.
Section 41 activities after the termination of the civil servants
Retired civil servants and retired officials as well as former officials with pensions and former officials with pensions have the exercise of a gainful employment or other employment outside the public service, that is with the interests of the service activity within a period of time, which determining is reserved for the State law, in the context and by the professional interests may be affected, to display. The employment or other employment is to prohibit, if it is to get that official interests are affected by them. The ban ends at the latest upon expiration of five years after termination of the officials.
Section 42 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 person in relation to their Office, expect or accept. Exceptions require the approval of their current or most recent employer.
(2) a person who violates the prohibition referred to in paragraph 1, shall hand out the due to the pflichtwidrigen behavior obtained on request the employer, as far as not the foreclosure is ordered or gone over in other ways on the State.
§ 43 part-time work part-time work is to enable.
§ 44 recreation administrators annual recreation holiday at Fort grant of remuneration is to.
Article 45 care 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.
Article 46 maternity and parental leave are to ensure maternity protection and parental leave.
§ 47 non-fulfilment of obligations (1) male and female civil servants commit a service offence if you culpably violate the obligations incumbent upon them. A behavior outside of the service is a service offence only if it is suitable to the circumstances of each particular, undermining confidence in a manner meaningful for her Office.
(2) for retired civil servants and retired officials or former officials with pensions and former officials with pensions, it is a service offence if they press against the free democratic basic order within the meaning of the basic law or efforts join, aimed, to affect the stock or security of the Federal Republic, or culpably violate the obligations specified in the sections 37, 41 and 42. Other former officials and former officials considered misconduct, if you culpably violate the obligations specified in the sections 37, 41 and 42. For male and female civil servants pursuant to sentences 1 and 2 more stores can be set by national law, which are regarded as misconduct.
(3) the Disziplinargesetze rules details about the prosecution of misconduct.
Section 48 duty to pay damages civil servants and officials who intentionally or negligently violate the obligations incumbent upon them, have the employer, whose Aufgaben have perceived them, replace the resulting damage. Several officials or civil servants together caused the damage, they are liable as joint and several debtors.
Paragraph 49 submissions 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 an its place claim, 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 how the findings to be secured.
(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 country 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.
§ 50 personnel file for each officer and any officer is to lead a personnel file. All documents relating to the official or officials, as far as they relate to the employment relationship in a direct internal link (file data) belong to the personnel file. The personnel file is confidential. 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. A set of 4 different use can be provided for exceptional cases, regulated.
Article 51 the formation of staff representatives for the purpose of the trusting cooperation between the Authority management and staff is incorporating the civil servants and officials to ensure staff representatives.
§ 52 membership in trade unions and professional associations civil servants and officials have the right to join together in trade unions or professional associations. You may be not official scolded for activity for their Union or their professional association or at a disadvantage.
The acting of the competent trade unions and professional associations are article 53 participation of leading in the preparation of legal regulations of the bibliographical relations by the highest authorities of the country to participate. The process can be designed also by agreement.
Section 7 legal recourse section 54 is administrative law trail (1) for all actions of civil servants, officers, 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 given the way of administrative law.
(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. A preliminary procedure is not required if a State law specifically determines this.
(3) the Supreme authority of service issues the notice of opposition. General arrangement, it can transmit the decision for cases in which she has not even taken the measure to other authorities. The arrangement is to publish.
(4) opposition and legal challenge to secondment or transfer have no suspensive effect.
Section 8 voltage and defense case Article 55 are only in accordance with article 80 of the basic law permitted scope restrictions, regulations and obligations under sections 56 to 59. 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) civil servants and officials can section 56 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 the authority or agency in the foreign service at the new place of employment.
Article 57 suspension of the dismissal 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. The entry of officers and officials in retirement after reaching the age of retirement and the early transfer to retire on request without proof of the invalidity can under the prerequisites of sentence 1 to be postponed to the end of the month in which the rule age limit applicable to federal officials and federal officials is reached.
§ 58 re appointment of retired civil servants and retired officials retired civil servants and retired officials, which have not yet reached the age for federal civil servants and federal officials can for purposes which again be appointed to a civil servant defense, if this is necessary in the public interest and can not cover personnel of public administration in the area of their previous employer on a voluntary basis. The officials expire, if not previously terminates at the end of the month in which the rule age limit applicable to federal officials and federal officials is reached.
Commitment to shared accommodation and overtime (1) if there are business reasons to do so, can section 59 officials 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.
Section 9 special arrangements for uses in the foreign section 60 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 different conditions may be required for official reasons, 1 temporarily in a shared accommodation to live and to take part in a catering , 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 service relationship used male and female civil servants at the time of the intended entry into retirement after the §§ 25 and 26 or intended expiration of her tenure because of abduction, captivity or other reasons related to the service, 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 10 special provisions for scientific staff § 61 professors by derogation from §§ 14 and 15 university professors and lecturers only with their consent in the area of a master of another country or of the Federal Government can be seconded or transferred. Secondment or transfer within the meaning of sentence 1 are university professors or lecturers without consent permitted, if their institution or the institution in which they are operating is dissolved or merged with another University or if the study or discipline, in which they are operating is completely or partially lifted or moved to a different College. In these cases, a participation of the receiving University or higher education institution setting limited to a hearing. The provisions on interim retirement are not to apply to university professors and lecturers.
Section 11 final provisions article 62 (1) to (19) (Amendment Regulations) article 63 entry into force, termination (1) caused sections 25 and 50 on the day after the proclamation in force. At the same time the § contact § 25 and 26 paragraph 3, as well as the sections 56 to 56f of civil service law framework law as amended by the notice of 31 March 1999 (BGBl. I S 654), most recently by article 2 paragraph 1 of the law of 5 December 2006 (BGBl. I S. 2748) is been changed except for force.
(2) § 62 para 13 and 14 for federal civil servants and federal officials into force on February 12, 2009.
(3) in addition, the law enters into force on April 1, 2009. At the same time the civil service law framework law with the exception of chapter II and section 135 override.
(4) the countries can bring into force for the period until the entry into force of § 11 country regulations within the meaning of this provision. In the countries which make use of it, article 8 of the framework law of law on civil servants is not to apply.
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