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Law governing the status of civil servants in the countries

Original Language Title: Gesetz zur Regelung des Statusrechts der Beamtinnen und Beamten in den Ländern

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Law governing the status law of civil servants in the Länder (civil service status law-BeamtStG)

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BeamtStG

Date of completion: 17.06.2008

Full quote:

" Staff status law of 17 June 2008 (BGBl. 1010), as defined by Article 15 (16) of the Law of 5 February 2009 (BGBl. 160) has been amended "

Status: Amended by Art. 15 (16) G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 1.4.2009 + + +) 

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Input formula

With the approval of the Federal Council, the Bundestag has adopted the following law: Unofficial table of contents

Content Summary

Section 1General provisions
§ 1 Scope
§ 2 Diensthernability

Section 2Officials
§ 3 Civil servant ratio
§ 4 Types of civil service
§ 5 Honorary officers and honorary officers
§ 6 Civil servant ratio
§ 7 Requirements of the civil service
§ 8 Appointment
§ 9 Criteria for appointment
§ 10 Prerequisite for appointment to life
§ 11 Invalidity of the appointment
§ 12 Withdrawal of the appointment

Section 3 Cross-country change
and change to the federal administration
§ 13 Principle
§ 14 Secondhand
§ 15 Offset
§ 16 Reformation of a body
§ 17 Legal consequences of the transformation
§ 18 Legal status of civil servants
§ 19 Legal status of the recipients of the supply

Section 4Assignment of a
Activities in other institutions
§ 20 Assignment

Section 5Termination of the civil service
Section 21 Termination reasons
Section 22 Dismissal by law
Section 23 Dismissal by administrative act
§ 24 Loss of civil servants ' rights
Section 25 Retirement due to reaching the age limit
Section 26 Incapacity
§ 27 Limited serviceability
§ 28 Retirement at civil servant ratio on sample
§ 29 Recovery of service capability
§ 30 One-off retirement
Section 31 Early retirement in case of reconstitution and dissolution of authorities
Section 32 Wait Time

Section 6Legal status in the civil service
§ 33 Basic duties
Section 34 Perception of tasks, behavior
§ 35 Direction of referral
§ 36 Responsibility for the legality
Section 37 Confidentiality of Obligations
§ 38 Oath
§ 39 Prohibition of conduct of business operations
§ 40 Secondary activity
Section 41 Activity after termination of the civil service
§ 42 Prohibition of acceptance of rewards, gifts and other benefits
Section 43 Part-time
Section 44 Recreation holidays
§ 45 Care
Section 46 Maternity and parental leave
§ 47 Non-compliance with obligations
§ 48 Obligation to pay damages
§ 49 Transfers in criminal proceedings
§ 50 Personnel file
Section 51 Staff representation
Section 52 Membership in trade unions and professional associations
Section 53 Participation of top organisations

Section 7Legal trail
§ 54 Administrative Right

Section 8Exciting and defence cases
§ 55 Scope
§ 56 Service in the case of defence
Section 57 Deferment of dismissal and retirement
Section 58 Revocation of retirees
§ 59 Commitment to the Community accommodation and additional work

Section 9Special arrangements
for uses abroad
§ 60 Uses abroad

Section 10Special arrangements
for academic staff
Section 61 University teachers

Section 11Final provisions
Section 62 Follow-up changes
§ 63 Entry into force, external force

Section 1
General provisions

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§ 1 Scope

This law regulates the status of civil servants of the Länder, municipalities and associations of municipalities, as well as the other bodies under the supervision of a country, institutions and foundations of public law. Unofficial table of contents

§ 2 Diensthernability

The right to have officials and officials have
1.
Countries, municipalities and associations of municipalities,
2.
other bodies, institutions and foundations of public law which have this right at the time of the entry into force of this law or which it is awarded by a Land Law or by a Land Law.

Section 2
Civil servant ratio

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§ 3 Beamtenration

(1) Officials shall be in a public service and loyalty ratio (civil service relationship) to their Dienstherrn. (2) The appointment to the civil service relationship shall be admissible only for the purpose of exercising
1.
tasks or duties of a Member State
2.
of such tasks, which, for reasons of security of the State or public life, may not be transferred exclusively to persons who are in a private-law employment relationship.
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§ 4 Types of civil service

(1) The duty of civil servants at life time serves to carry out tasks in accordance with § 3 para. 2. It is the rule. (2) The civil servant's relationship is served at the time of the day.
a)
the temporary performance of tasks pursuant to § 3 (2) or
b)
the initially temporary transfer of an office with a senior function.
(3) The duty ratio on the sample shall be used for the performance of a trial period.
a)
for later use for life or
b)
for the transfer of an office with a senior function.
(4) The official relationship shall be for revocation.
a)
the performance of a preparatory service; or
b)
the only temporary exercise of tasks pursuant to § 3 (2).
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§ 5 honorary officers and honorary officers

(1) As an honorary official or an honorary civil servant, he may be appointed who shall perform duties free of charge within the meaning of Section 3 (2). (2) The legal relationships of the honorary officers may differ from those for civil servants by national law. (3) An honorary civil service cannot be placed in a civil service of a different kind, such a civil servant's relationship does not apply to an honorary civil service. will be converted. Unofficial table of contents

§ 6 Time of civil servants

As far as the legal conditions of civil servants are concerned, the rules applicable to life-time and civil servants at the time of life shall apply in accordance with the provisions of the law, unless otherwise provided by the law of the country. Unofficial table of contents

§ 7 Conditions of the civil service

(1) The civil servant's relationship shall only be appointed
1.
German or German within the meaning of Article 116 of the Basic Law or the nationality
a)
in another Member State of the European Union, or
b)
other Contracting State of the Agreement on the European Economic Area, or
c)
of a third country, to which Germany and the European Union have contractually granted a right to recognition of professional qualifications,
,
2.
offers the guarantee to enter at any time for the free democratic basic order within the meaning of the Basic Law, and
3.
the qualification required under national law.
(2) If the tasks so require, only one German or one German within the meaning of Article 116 of the Basic Law may be appointed to a civil servant's relationship. (3) Exceptions to paragraph 1 (1) and (2) may only be permitted if:
1.
there is an urgent service interest in obtaining the official or official; or
2.
in the case of the appointment of university teachers and other staff members of the scientific and artistic staff, there are other important reasons for the civil service.
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Section 8 Appointment

(1) An appointment shall be required to:
1.
the reasons for the civil servant's relationship;
2.
Conversion of the civil service relationship into such a different kind (§ 4),
3.
Award of another office with a different basic salary or
4.
Conferral of another office with a different name, insofar as the national law determines this.
(2) The appointment shall be made by handing out a certificate of appointment. In the document must be included
1.
in the case of the official relationship, the words 'on the basis of the official relationship' with the words 'on a lifetime', 'on a sample', 'on revocation', 'as an honorary official' or 'as an honorary official', or 'on a sample', "on time" with the indication of the duration of the appeal,
2.
in the case of the conversion of the civil service relationship into such a different kind, the words of this type as referred to in point 1 and
3.
in the case of the award of an office.
(3) At the same time, the establishment of a civil service relationship on a sample, life time and time shall be conferred simultaneously. (4) An appointment to a recent date shall be inadmissible and ineffectual inasmuch as it is not effective. Unofficial table of contents

Section 9 Criteria of appointment

Nominations shall be based on suitability, competence and professional performance regardless of sex, descent, race or ethnic origin, disability, religion or beliefs, political views, origin, relationships or sexual identity , Unofficial table of contents

§ 10 Requirement to be appointed for life-time

The appointment of a civil servant at a lifetime or on a life-time official shall be admissible only if the official has proved its worth in a trial period of at least six months and a maximum of five years. Exceptions to the minimum probetime can be determined by country law. Unofficial table of contents

§ 11 Invalidity of the appointment

(1) The appointment shall be void if:
1.
it does not conform to the form prescribed in Article 8 (2);
2.
it has been pronounced by a competent authority or
3.
at the time of appointment
a)
was not allowed to be appointed pursuant to Section 7 (1) (1) and was not permitted to be an exception in accordance with Section 7 (3),
b)
did not have the ability to hold public office, or
c)
an election that is based on it is ineffective.
(2) The appointment shall be deemed to be effective from the outset, if:
1.
in the case referred to in paragraph 1 (1), it is clear from the document or from the contents of the file that the body responsible for the appointment shall give rise to a specific civil service relationship or convert an existing civil servant's relationship to such a different kind in respect of which the other conditions are available, and the body responsible for the appointment shall confirm the effectiveness in writing; the same shall apply if the period of time is missing, but the length of time is determined by national law,
2.
in the case referred to in paragraph 1 (2), the competent authority shall confirm the appointment, or
3.
in the case referred to in paragraph 1 (3) (a), an exemption pursuant to section 7 (3) shall be subsequently admitted.
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Section 12 Revocation of the appointment

(1) The appointment shall be withdrawn with effect for the past, if:
1.
it was brought about by coercion, fraudulently deception or bribery,
2.
it was not known that the person appointed was or becomes legally convicted of a crime or offence, which makes it appear unworthy of appeal to the civil service in accordance with Section 8 (1) No 1,
3.
the appointment under Section 7 (2) was not allowed to take place and an exception pursuant to section 7 (3) was not permitted and the exception was not granted retrospectily or
4.
is subject to the participation of an independent body or of a supervisory authority as required by national law, and has not been obtained.
(2) The appointment shall be withdrawn if it was not known that the person appointed had been recognised in a disciplinary procedure for removal from the civil service relationship or on the withdrawal of the retirement pension. This shall also apply where the decision has been taken against an official or an official of the European Communities or of a State in accordance with Article 7 (1) (1).

Section 3
Cross-country change and change to the federal administration

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§ 13 Principle

The provisions of the following section apply only in the case of cross-national secondation, transfer and reformation of corporate bodies, as well as in the case of a secondhand or transfer from a country to the federal administration. Unofficial table of contents

§ 14 Abordination

(1) Officials may, for official reasons, be secondarily wholly or partly secondarily assigned to an activity corresponding to the transferred office in the area of a servant's head of another country or of the federal government. (2) A secondarily, in whole or in part, a secondarily or in part to an activity which does not correspond to the Office, if the official or the official is responsible for the performance of the new activity on the basis of previous education or vocational training, is to be granted. The secondhand to an activity which does not correspond to an office with the same basic salary is also permitted. (3) The secondhand shall require the consent of the official or the official. By way of derogation from the first sentence, the secondment shall also be admissible without consent if the new activity is to be granted and corresponds to an office with the same basic salary and the secondment does not exceed the duration of five years. (4) The secondment shall be determined by the , in agreement with the receiving Dienstherrn. Unless otherwise agreed between the servants, the provisions on the duties and rights of officials in the area of the receiving dientable shall be the subject of an oath of service, with the exception of the rules governing the oath of service, the designation of office, payment of references, health care services and supplies accordingly. The obligation to pay also has the dienstherr to which the secondhand is made. Unofficial table of contents

§ 15 Verpositing

(1) Officials may, on request or on an official basis, be transferred to an office of a career for which they have the competence to be placed in the area of a servant of another country or of the Confederation. (2) A transfer shall be required by Approval of the official or of the official. By way of derogation from the first sentence, the translation shall also be admissible without the consent if the new office is linked to at least the same basic salary as the former Office. In this case, there are no vacancies as part of the basic salary. (3) The transferor is provided by the donor in agreement with the receiving Dienstherrn. The civil servant relationship will be continued with the new Dienstherrn. Unofficial table of contents

§ 16 Reformation of a body

(1) Officials of a legal person of the public law with a capacity to serve (body), which is fully incorporated into another body, enter into the service of the receiving entity with the formation of law. (2) The civil servants of a body, which is completely incorporated into several other bodies, are to be taken on a pro rata basis in the service of the receiving bodies. Within a period of six months after the formation of the transfer, the bodies involved shall determine by agreement with each other, on which bodies the individual officials shall be responsible. As long as an official or a civil servant is not taken over, all the receiving entities shall be liable for the salaries to be paid to him or her as a full debtor. (3) The civil servants of a body which partially enter one or more other persons Bodies are to be incorporated into the service of the receiving bodies in a proportionate part, in the case of several entities. (4) paragraphs 1 to 3 shall apply mutatily if a body with one or more other entities is merged into a new body, if one or more parts of different bodies have different parts of the body. Entities will be merged into one or more new parts of a body, if one or more new entities are formed from a body or parts of a body, or if the tasks of a body are to be performed by a body. fully or partially on one or more other entities . Unofficial table of contents

Section 17 Legal consequences of retraining

(1) If a civil servant or a civil servant enters the service of another body by virtue of Section 16 (1) of the Act, or if he or she is taken over by another body on the basis of Section 16 (2) or (3), the civil servant's relationship shall be (2) In the case of § 16 (1), the official or the official shall be confirmed in writing by the receiving or new entity. (3) In the cases of Section 16 (2) and (3), the The body has to be taken over by the body in whose service the civil servant or the official is to perform. The service shall be made available to the official or to the officials. The official or the official shall be obliged to comply with the transfer order. If the official does not comply with the obligation, he or she shall be dismissed. (4) The provisions of paragraphs 1 to 3 shall apply in accordance with the cases of § 16 (4). Unofficial table of contents

Section 18 Legal status of civil servants

(1) Officials who, according to § 16, are transferred to the service of another corporation by virtue of law or are taken over by law shall be transferred to an office of equal importance to their former office in accordance with their meaning and content without regard to to service and seniority. If it is not possible to use one of the existing offices, another office with a lower basic salary may also be transferred to them. The basic salary must be at least equal to that of the Office, which was held by the officials before the previous Office. In this case, in addition to the new official title, they may be added to the former office with the addition of "out of service" (" a. D. ") (2) The receiving or new entity may, if the number of officials present in the course of its formation exceeds the actual need, within a period of time which is to be determined by the national law, To enable civil servants in the civil service to have a life-time or temporary retirement age, if their area of responsibility has been affected by the formation of the retraining. In the case of temporary and temporary civil servants in temporary retirement, the temporary retirement ends at the end of the term of office; they shall be considered to be permanently retired at that time when they are retired. Remaining in office with the end of the term of office would have been retired. Unofficial table of contents

Section 19 Legal status of the recipients of the supply

(1) The provisions of § 16 (1) and (2) and § 17 shall apply mutatily to the recipients of the care provided at the time of reformation to the losing body. (2) In the cases of Section 16 (3), the following shall remain: (3) The provisions of paragraphs 1 and 2 shall apply in accordance with § 16 (4) of the German law.

Section 4
Assignment of an activity to other institutions

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§ 20 Assignment

(1) Officials may, with their consent, be temporarily assigned, in whole or in part, an activity corresponding to their duties.
1.
in the case of a public institution with no dienser property or in the case of a public-law religious community, in the interest of the service or public interest, or
2.
at another facility, if public interests require it.
(2) Officials of a department which, in whole or in part, is converted into a publicly-organised non-service body or a private-sector body of the public sector, may also: without their consent, in whole or in part, an activity corresponding to their duties will be assigned to this institution if public interests require it. (3) The legal status of the civil servants remains unaffected.

Section 5
Termination of civil service

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Section 21 Termination reasons

The civil servant relationship ends by
1.
Dismissal,
2.
Loss of civil servants ' rights,
3.
Distance from the civil servant's relationship under the Disciplinary Laws or
4.
Entry into retirement or retirement.
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§ 22 Dismissal by law

(1) Officials and officials shall be dismissed if:
1.
the conditions laid down in § 7 (1) (1) no longer exist; or
2.
they reach the age limit and the civil service ratio does not end by entering retirement.
(2) The civil servant or the official shall be dismissed if a public service or an official relationship with another servant's office or establishment is established without a service of a servant, unless, in agreement with the new The person's office or the institution shall determine the duration of the civil service relationship in addition to the new service or official relationship, or be determined otherwise by national law. This does not apply to the entry into a civil servant's relationship to a revocation or as an honorary official. (3) The official or the official is subject to the appointment of a civil servant from a different civil servant's relationship with the same Dienstherrn dismissed, in so far as the law of the country does not apply deviating regulations. (4) The civil servant's relationship to the revocation ends at the end of the day of the filing or final failure of the examination prescribed for the career, provided that: (5) The civil servant ratio on a sample in a Office with a conducting function ends with the expiry of the trial period or with a translation to another Dienstherrn. Unofficial table of contents

Section 23 Dismissal by administrative act

(1) Officials shall be dismissed if they:
1.
refuse the oath of service or a vow prescribed at the place of the oath,
2.
cannot be retired or retired because a waiting period for supply is not fulfilled,
3.
is permanently incapable of service and the civil service relationship does not end by retire,
4.
require dismissal in written form, or
5.
when the age limit has been reached.
In the case of sentence 1 No. 3, section 26 (2) shall apply mutas. (2) Officials may be dismissed if they lose the property as German or German within the meaning of Article 116 of the Basic Law in the cases of Section 7 (2). (3) Officials on the sample and officials on the sample can be dismissed,
1.
if they commit an act which would result in at least a reduction in the remuneration in the civil servant's relationship to life,
2.
if they have not proven themselves during the trial period, or
3.
in the case of a public authority, if its remit is to be resolved by the dissolution of that authority or by a substantial change in the structure or merger of that authority based on a national law, or by another or by the formation of a Body shaft is touched and a different use is not possible.
In the case of sentence 1 No. 2, § 26 para. 2 is to be applied accordingly in the case of a lack of health suitability alone. (4) Officials for revocation and civil servants on revocation can be dismissed at any time. The opportunity to put an end to the preparatory service and to lay down the examination should be given. Unofficial table of contents

Section 24 Loss of civil servants ' rights

(1) If a civil servant or an official in the ordinary criminal proceedings is subject to the judgment of a German court
1.
because of an intentional act, a term of imprisonment of at least one year or
2.
because of an intentional act which, in accordance with the rules on the betrayal of peace, treason and endangerment of the democratic rule of law, treason and endangerment of external security, or, in so far as the act is based on a diversion in the main office, , bribery, punishable by punishment, to a term of imprisonment of at least six months
, the civil servant's relationship ends with the legal force of the judgment. The same applies if the ability to hold public offices is cancelled or if the official or the official has had a fundamental right under Article 18 of the Basic Law, pursuant to a decision of the Federal Constitutional Court. (2) If a decision that results in the loss of the rights of the civil servants is cancelled in a retrial, the official relationship shall be deemed not to have been interrupted. Unofficial table of contents

§ 25 retirement due to reaching the age limit

Life-time and life-time officials are retiring after reaching the age limit. Unofficial table of contents

Section 26 Incapacity

(1) Life-time civil servants and civil servants are to be retired if they are permanently incapacitated (incapacitated) for the performance of their duties because of their physical condition or for health reasons. It may also be considered incapable of inservice who, as a result of illness, has not done a service for more than three months within a period of six months and does not have any prospect of having to determine the country's law within a period of time. , the ability to service is fully restored. The transfer to retirement is to be waited if it is possible to use it for other purposes. For groups of civil servants, special conditions for invalidity may be laid down by national law. (2) Any other use is possible if the official or the official has another office of the same or one of the officials. to other careers. In the cases referred to in the first sentence, the transfer of another office without consent shall be admissible if the new office belongs to the same person's office, it is linked to at least the same basic salary as the former office and if it is to be expected, that the health requirements of the new office will be met. Officials who do not have the qualifications for the other career have to take part in qualification measures for the acquisition of the new qualification. (3) In order to avoid the retirement, the official or the official may be required to: shall, without the consent of the Office being transferred, also carry out a small-scale activity in the field of the same servant if it is not possible to use it in any other way, and the exercise of the new task shall be carried out under Consideration of the previous activity is reasonable. Unofficial table of contents

Section 27 Limited serviceability

(1) If the official or the official, while retaining the transferred office, still meets the duties of service during at least half of the regular working time, the retirement pension shall be waived for incapacity for invalidity. (limited serviceability). (2) Working time shall be reduced in accordance with the limited service capacity. With the consent of the official or the official, it is also possible to use it in an activity which does not correspond to the Office. Unofficial table of contents

§ 28 retirement of civil servants ' relationship to the sample

(1) Staff officers on the sample and officials on a sample shall be retired if they are due to illness, injury or other damage which they have received without gross negligence in the exercise of their duties or on the initiative of the service; (2) Staff members on the sample and officials on a sample may be retired if they have become incapaciated for other reasons. (3) § 26 (1) sentence 3, para. 2 and 3, and § 27 shall apply accordingly. Unofficial table of contents

Section 29 Re-establishment of service

(1) If, after retirement, the service is incapacitated due to incapacity for service, the retirement officer or the retirement officer shall apply for a period of time before the expiry of a period of time which shall be reserved for the national law; no later than ten years after the retirement, a new appointment to the civil servant's relationship shall be commended if there are no compelling service reasons. (2) Officials responsible for invalidity in the have been retired, can be reappointed to the civil service where an office of at least the same basic salary is to be transferred in the service of the former Dienstherrn, and if it is to be expected that the health requirements of the new office will be met. Officials who do not have the qualifications for the other career have to take part in qualification measures for the acquisition of the new qualification. In the case of civil servants who are retired because of incapacity for retirement, the transfer of an office of their former career in accordance with the first sentence may also result in the transfer of a low-level activity in the field of the same servant's head if a (3) The renewed appointment to a civil servant relationship is also in the cases of limited service capacity. possible. (4) Officials who were retired due to invalidity , they shall be obliged to take appropriate and reasonable measures to restore their capacity to work; the competent authority may give them the appropriate instructions. (5) The official capacity of the retirement officer or of the Retirement officers may be examined in accordance with the law of the country; they or he shall be obliged to be examined by a medical examination by the competent authority. The retirement officer or the retired civil servant may request such an investigation if he or she intends to submit an application under paragraph 1. (6) The former civil servant relationship shall be deemed to be continued in the case of a renewed appeal. Unofficial table of contents

§ 30 Inauguration of the retirement

(1) Life-time civil servants and civil servants may be placed at any time in the permanent retirement if they hold office, in the exercise of which they are continuing to comply with the basic political views and the goals of the government. The determination of the offices in accordance with the first sentence is reserved to the law of the country. (2) Officials who are appointed to the test and hold an office within the meaning of paragraph 1 can be dismissed at any time. (3) For the single-stage retirement, the following shall apply: Rules on retirement. Section 29 (2) and (6) shall apply accordingly. In the event of a renewed appointment to the civil servant's relationship, the one-month retirement shall also end in the case of another servant's head if an official is given an office of the same or equivalent career as that of the former office and with at least the same basic salary. (4) Reaching the statutory age limit, they shall be deemed to be permanently retired at that time. Unofficial table of contents

§ 31 Deals of retirement in the case of reconstitution and dissolution of authorities

(1) In the case of the dissolution of an authority or of a substantial change in the structure based on national law, or in the event of a merger of an authority with one or more others, a civil servant may, at the time of his or her life, or an official, be appointed Life-time shall be transferred to the first-time retirement age if the transferred task is affected by the dissolution or transformation and a transfer by country law is not possible. Additional conditions may be laid down. (2) The revocation of the official or of the civil servant in the former retired person in an official relationship shall be provided for if one of the previous He or she shall be occupied with the appropriate office for which he or she is suitable. For renewed vocations after sentence 1, which take effect less than five years before reaching the age limit (§ 25), different regulations may be made by national law. (3) § 29 (6) applies accordingly. Unofficial table of contents

§ 32 Time to wait

The retirement of retirement requires the fulfilment of a waiting period.

Section 6
Legal position in the civil service relationship

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Section 33 Basic obligations

(1) Officials and civil servants serve the whole people, not one party. They have to perform their duties impartially and fairly and to carry out their duties for the benefit of the general public. Civil servants must, through their entire conduct, commit themselves to the free democratic basic order within the meaning of the Basic Law and advocate their maintenance. (2) Officials and officials have the right to do so in the course of political activity. to maintain moderation and restraint arising from their position vis-à-vis the general public and in respect of their duties. Unofficial table of contents

§ 34 Perception of tasks, conduct

Civil servants have to devote themselves to their profession with full personal commitment. They have the tasks assigned to perform unselfishly to the best of their conscience. Their behaviour must be fair to the respect and trust that their profession requires. Unofficial table of contents

§ 35 Weisseness

Officials and officials have to advise and support their superiors. They are obliged to carry out their official instructions and to comply with their general guidelines. This shall not apply insofar as the officials are not bound by instructions in accordance with special legal provisions and are subject only to the law. Unofficial table of contents

§ 36 Responsibility for the legality

(1) Officials shall bear the full personal responsibility for the legality of their duties. (2) Objections to the legality of official orders shall immediately be invoked by civil servants on the way to which they are entitled. . If the order is maintained, if the concerns persist, they shall apply to the next higher supervisor or to the next higher supervisor. If the order is confirmed, the officials must execute them and are exempted from their own responsibility. This shall not apply if the behaviour which has been applied is in breach of the dignity of the human person or is punishable or unpunishable and the criminality or administrative offence is discernible for the civil servants. The confirmation must be made in writing on request. (3) If the officials are required to execute the order immediately, because there is a risk of default and the decision of the higher supervisor is not in good time , paragraph 2, sentences 3 and 4 shall apply accordingly. Unofficial table of contents

§ 37 Obligation to comply with the obligation of confidentiality

(1) Officials shall maintain secrecy on the matters of service which have become known to them on or on occasion of their official activities. This shall also apply beyond the scope of a Dienstherrn as well as after termination of the civil service relationship. (2) Paragraph 1 shall not apply, to the extent that:
1.
Communications in the field of service are available,
2.
to be informed of facts which are obvious or which do not require secrecy in their importance; or
3.
, in relation to the competent supreme service authority, a law enforcement authority or any other authority or extra-service body designated by national law, a suspicion of corruption punishable by facts in accordance with § § 331 bis 337 of the Criminal Code.
In addition, the obligations laid down by law to indicate planned offences and to enter into force for the maintenance of the free democratic basic order remain unaffected by paragraph 1. (3) Officials may not be allowed to use any of the following provisions: Matters relating to paragraph 1 shall not be issued in court or out of court or make statements. The permission shall be granted to the Dienstherr or, if the civil servant's relationship has ended, the last Dienstherr. If the process which forms the object of the statement has occurred in the case of an earlier servant, the authorisation may be granted only with the consent of the latter. By national law it can be determined that the place of the respective Dienstherrn referred to in the sentences 2 and 3 is replaced by another body. (4) The authorization to testify as a witness or witness shall only be denied if the statement of the good of the The Federal Government or a German country would cause serious disadvantages or would seriously jeopardise the performance of public tasks or would make it difficult to carry out public tasks. It can be determined by national law that the refusal of authorisation to testify before committees of inquiry of the German Bundestag or of the people's representation of a country can be subjected to an inspection. The authorisation to report an expert opinion may be denied if the refund would be detrimental to the interests of the service. (5) If officials or defendants are in a judicial process, or if they are to be present, they should not be able to obtain a refund. if the conditions set out in the first sentence of paragraph 4 are met, authorisation shall not be allowed to be granted, even if the official ' s intentions so require are to be inadvertingly. If it is failed, officials shall be granted the protection which the official views allow. (6) Officials shall have, even after the termination of the civil service, at the request of the Dienstherrn or the last Dienstherrn. official documents, drawings, pictorial representations as well as records of any kind relating to the operations of the service, including those relating to reproductions; The same commitment shall be made by their survivors and heirs. Unofficial table of contents

§ 38 Service eid

(1) Officials shall have an oath of service. The oath of service has an obligation to contain the Basic Law. (2) In cases where officials declare that they do not wish to afford the oath for reasons of belief or conscience, a vow may be made in place of the oath of the oath. (3) In cases in which, pursuant to Section 7 (3), an exception to § 7 (1) (1) (1) has been admitted, a pledge may be required instead of the oath. Unofficial table of contents

Section 39 Ban on the management of business operations

Officials may be prohibited from conducting business operations for compelling service reasons. The prohibition shall cease unless a disciplinary procedure or any other proceedings initiated for the withdrawal of the appointment or termination of the civil service have been initiated up to the end of three months against the official or the official. has been made. Unofficial table of contents

§ 40 Nebenteability

In principle, a secondary activity is subject to notifiable notifiable information. It shall be subject to the right of permission or prohibition to the extent that it is liable to adversely affect the interests of the service. Unofficial table of contents

Section 41 Activity after termination of the civil service

Retired civil servants and former civil servants with pensions and former civil servants with pensions have the exercise of an employment or other employment outside the public service, which is the subject of the to indicate, within a period of time, the provision of which is reserved for national law, which may be related to, and may be adversely affected by, the interests of the service. Employment or other employment should be prevented if it is to be provided that their interests are adversely affected by them. The prohibition shall end at the latest with the expiry of five years after the end of the service. Unofficial table of contents

§ 42 Prohibition of acceptance of rewards, gifts and other benefits

(1) Officials may, even after termination of the civil service relationship, not require any rewards, gifts or other benefits for themselves or for a third person in relation to their office, promise to be promised or accept. Exceptions are subject to the consent of their present or last servant. (2) Anyone who violates the prohibition referred to in paragraph 1 shall, on request, issue the person concerned on the basis of the non-compulsory conduct, unless the person concerned has the right to do so. It has been abandoned or has been transferred to the state in other ways. Unofficial table of contents

Section 43 Part-time employment

Part-time employment can be made possible. Unofficial table of contents

§ 44 Vacation holiday

Officials shall be granted annual leave of rest, while continuing to pay for the salaries. Unofficial table of contents

Section 45 Welfare

Within the framework of the service and trust agreement, the Dienstherr has to provide for the well-being of officials and their families, even for the time after the termination of the civil service. It protects the civil servants in their official activities and in their position. Unofficial table of contents

§ 46 maternity leave and parental leave

Maternity protection and parental leave must be guaranteed. Unofficial table of contents

Section 47 Non-compliance with obligations

(1) Officials shall pass through a service if they culpably infringe the obligations they have. Conduct outside the service shall be a service only if, in the circumstances of the individual case, it is particularly appropriate to affect the confidence in a manner that is significant for their office. (2) In the case of retirement officials, Retired officials or former civil servants with pensions and former civil servants with pensions shall be deemed to be a service if they are against the free democratic basic order within the meaning of the Basic Law or participate in efforts aimed at the existence or the security of Federal Republic of Germany, or if it is culpably contrary to the obligations specified in Articles 37, 41 and 42. In the case of other former officials, it is deemed to be a service if they are culpably contrary to the obligations set out in Sections 37, 41 and 42. For civil servants according to sentences 1 and 2, further actions may be determined by law of the country, which are deemed to be a misconduct. (3) The disciplinary laws governing the prosecution of misconduct shall be laid down. Unofficial table of contents

Section 48 obligation to pay damages

Civil servants who intentionally or grossly negligently violate the duties assigned to them, have to replace the Dienstherrn, whose duties they have performed, to the resulting damage. If a number of officials have jointly caused the damage, they shall be liable as a total debtor. Unofficial table of contents

Section 49 Transfers in criminal proceedings

(1) The court, the law enforcement authority or the law enforcement authority shall have criminal proceedings against civil servants in order to ensure the necessary appropriate measures in the case of the collection of the public action
1.
the indictup or an application to be sent to its place;
2.
the request for the adoption of a criminal order; and
3.
the decision giving a final decision on the grounds
shall be transmitted. If an appeal has been brought against the decision, the decision shall be communicated with reference to the appeal lodged. The order and the execution of an arrest warrant or a placement command shall be communicated. (2) In proceedings for negligent offences, the transfers determined in the first sentence of paragraph 1 shall be carried out only if:
1.
these are serious infringements, including offences of drunkenness in road transport or negligent killing; or
2.
in other cases, the knowledge of the data is necessary in the light of the circumstances of the case, in order to verify whether the measures are to be taken.
(3) Decisions on procedural settings which are not already to be submitted pursuant to paragraph 1 or 2 shall be communicated where the conditions set out in paragraph 2 (2) are met. In doing so, account must be taken of the way in which the findings to be transmitted are secured. (4) Other facts known in criminal proceedings may be notified if their knowledge of particular circumstances of the case is applicable to: shall be required to take action against an official or an official, and unless it is apparent to the transmitting body that the protection-worthy interests of the official or of the official are predominant in the exclusion of the transfer. Knowledge of the data is also required if this is an opportunity to examine whether there is a need for action to be taken. (5) Data transmitted in accordance with paragraphs 1 to 4 may also be used for the performance of the tasks in accordance with the Security Review Act or a corresponding national law. (6) Submissions The provisions of paragraphs 1 to 3 shall also be permitted to the extent to which they relate to data subject to tax secrecy (Article 30 of the Tax Code). Transfers in accordance with paragraph 4 shall be permitted under the conditions laid down in Section 30 (4) (5) of the Tax Code. Unofficial table of contents

Section 50 Staff Act

A personnel file must be carried out for each official and every official. The personnel file includes all documents concerning the official or the official, insofar as they are in a direct internal relationship with the service relationship (personnel data). The personnel file shall be treated confidentially. Personnel data may only be used for the purposes of personnel administration or personnel management, unless the official or the official agrees to be used in other cases. In exceptional cases, a derogation from the provisions of sentence 4 may be provided for in the country. Unofficial table of contents

Section 51 Staff Committee

The formation of human resources representatives for the purpose of trusting cooperation between the authorities and the staff is to be ensured with the involvement of the officials. Unofficial table of contents

Section 52 Membership in trade unions and professional associations

Civil servants have the right to join in trade unions or professional associations. They may not be subject to service or discrimination on the grounds of activity for their trade union or professional association. Unofficial table of contents

Section 53 Participation of the leading organisations

In the preparation of statutory regulations of civil service law by the supreme state authorities, the top organisations of the relevant trade unions and professional associations are to be involved. The participation process may also be developed by agreement.

Section 7
Legal Way

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Section 54 Administrative law

(1) For all proceedings of the officials, retired officials, retired officials, former officials, former officials and the survivors of the civil service relationship, as well as for the claims of the Dienstherrn, the administrative right of administration is given. (2) all proceedings are a preliminary procedure under the provisions of the 8th Section of the administrative court order. This shall also apply if the measure has been taken by the top service authority. A preliminary procedure is not required if a Land law expressly states this. (3) The Supreme Service Authority shall issue the appeal decision. It may transfer the decision by general order to other authorities for cases in which it has not taken the measure itself. The order is to be published. (4) Objection and challenge against secondhand or offsetting do not have suspensive effect.

Section 8
Case of tension and defence

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Section 55 Scope

Restrictions, orders and obligations pursuant to § § 56 to 59 are permitted only in accordance with Article 80a of the Basic Law. They shall not apply to persons within the meaning of Section 5 (1) of the Employment Protection Act. Unofficial table of contents

§ 56 Service in the case of defence

(1) Officials may, for the purpose of defence, be secondhand to a different dienthery without their consent or be obliged to provide services in the case of civil services or civil services in the public sector. (2) Officials and officials may also, for defence purposes, be entrusted with tasks which do not correspond to their duties or to their qualifications, provided that they are reasonably expected to be taken over after they have been pre-trained and trained and in view of the exceptional situation. The tasks of a career with lower access conditions may only be entrusted to them if this is unavoidable for service reasons. (3) Officials have been transferred for the purpose of defence in the course of their performance. (4) In the event of a transfer of the authority or service to another country, officials and officials shall also be required to carry out the tasks in accordance with the circumstances and personal circumstances. (4) to the service at the new service location. Unofficial table of contents

Section 57 Postponing of dismissal and retirement

The dismissal of officials on their request may be deferred for the purposes of defence, if this is necessary in the public interest and if the staff requirements of the public administration in the area of their tenderers are to be voluntary basis cannot be covered. The first sentence shall apply to the expiry of the term of office in the case of civil servants ' relations on time. The entry of civil servants into retirement after reaching the age limit and early retirement on request without proof of invalidity may be subject to the conditions set out in the first sentence of sentence 1 to the end of the month. in which the rule age limit applicable to federal and federal civil servants is reached. Unofficial table of contents

Section 58 Renewable appointment of retired officials

Retired officials who have not yet reached the rule age limit applicable to federal and federal officials may be reappointed to a civil servant relationship for the purpose of defence if this is in the public Interest is required and the staffing needs of the public administration in the field of their previous dientherrn cannot be met on a voluntary basis. The civil servant relationship ends if it is not terminated before, with the end of the month in which the rule age limit applicable to federal and federal officials is reached. Unofficial table of contents

Section 59 Obligon to the Community accommodation and additional work

(1) Where there are grounds for service, civil servants may be required, for defence purposes, to reside temporarily in a Community accommodation and to participate in a Community catering. (2) Officials and officials shall be obliged to do service without special remuneration for the purposes of defence beyond regular working hours. For the purposes of the additional stress, a free time shall be granted only in so far as it allows for the service requirements.

Section 9
Special arrangements for use abroad

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§ 60 Use abroad

(1) Officials who are used for the purpose of carrying out the duties assigned to them abroad or outside the territory of the German territory on ships or in aircraft, and in so doing, because of the substantially different circumstances of the national territory. may be subject to increased risks, may be required for service reasons,
1.
temporarily reside in a community accommodation and participate in a communal catering,
2.
to wear protective clothing,
3.
to wear service clothes and
4.
in addition to regular working hours, without paying special remuneration.
In the cases referred to in the first sentence of sentence 1, point 4 of the Regulation shall be granted for the purposes of multiple use only in so far as it allows the service requirements. (2) Officials used in accordance with paragraph 1 shall be included in the Retired persons in accordance with § § 25 and 26 or of the prescribed expiry of their term of office for abductions, captivity or other reasons related to the service, which they have not to represent, deprived of the sphere of influence of the Dienstherrn, the service shall be extended until the end of the State of the following month.

Section 10
Special regulations for academic staff

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§ 61 Higher education teachers

By way of derogation from § § 14 and 15, university lecturers can only be secondhand or transferred with their consent to the area of a servant's head of another country or the federal government. Secondhand or translation within the meaning of sentence 1 shall also be permitted without the consent of the university lecturers, if the university or the higher education institution in which they are active is dissolved or with another university or if the study or specialist direction in which they are active is completely or partially repealed or transferred to another university. In such cases, participation by the receiving institution or higher education institution shall be limited in the case of recruitment to a hearing. The rules on the one-way retirement are not applicable to university teachers.

Section 11
Final provisions

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Section 62

(1) bis (19) (amending rules) Unofficial table of contents

Section 63 Entry into force, external force

(1) § § 25 and 50 shall enter into force on the day after the announcement. At the same time, § § 25 and 26 (3) and § § 56 to 56f of the Law on the Law of the Civil Service appear in the version of the notice of 31 March 1999 (BGBl). I S 654), as last amended by Article 2 (1) of the Law of 5 December 2006 (BGBl I). (2) § 62 (13) and (14) shall enter into force on 12 February 2009 for Federal Officials and Federal Officials. (3) Moreover, the law shall enter into force on 1 April 2009. At the same time, the Law of the Civil and Civil Service Act, with the exception of Chapter II and § 135, is repeal. (4) The Länder may, for the period leading up to the entry into force of Section 11, enter into force within the meaning of this provision. In the countries that make use of it, § 8 of the civil service law framework law is not applicable.