Framework Law For The Unification Of Civil Servants Law

Original Language Title: Rahmengesetz zur Vereinheitlichung des Beamtenrechts

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Read the untranslated law here: http://www.gesetze-im-internet.de/brrg/BJNR006670957.html

Framework law for the unification of civil servants law (civil service law framework law - BRRG) BRRG Ausfertigung date: 01.07.1957 full quotation: "civil service law framework law as amended by the notice of 31 March 1999 (BGBl. I p. 654), most recently by article 15 paragraph 14 of the law of February 5, 2009 (BGBl. I p. 160) is changed" stand: Neugefasst by BEK. v. number I 654;
 
As last amended by article 15 paragraph 14 G v. DSDS I 160 for more information on the stand number you see in the menu see remarks footnote (+++ text detection from validity: 1.1.1982 +++) (+++ requirements due to EinigVtr cf. BRRG annex EV +++) contents chapter I (dropped out) chapter II rules, the uniform and immediately apply section I: General §§ 121 to 125 c section II: legal sections 126 and 127 section III: legal status of civil servants and pensioners in the reshuffle of §§ 128 to 133 and local authorities section IV : Special provisions for the voltage and defense case §§ 133a-133e section V: exemptions for uses in other countries § 133f chapter III general concluding provisions § 135 Chapter I (dropped out) § 19 (fallen away) § 25 (dropped out) - § 44 c (dropped out) sections 45 to 47 (dropped out) - sections 48a, 49 and 49a (dropped out) section 54 (dropped out) sections 56 to 56f (dropped out) sections 103, 103a and 104 (dropped out) sections 106 to 114 (dropped out) - §§ 119 and 120 (dropped out) - chapter II rules , the uniform and immediately apply section I General § 121, the right to have civil servants, have besides the Federal 1 the States, the municipalities and the municipal associations, 2. other bodies, institutions and foundations under public law which have this right at the time of entry into force of this law, or where it after that date by law, regulation or statute; awarded such statutes require the approval by a body empowered by law for this purpose.

Article 122 (1) admission to the preparatory service of a career may not be refused because the applicant has acquired the qualifications prescribed for his career (section 13) with regard to a different employer.
(2) a person who has acquired the qualification for a career under the conditions of sections 13 and 14 c, has the ability to appropriate careers for all service men in the territorial scope of this Act. The same applies, if the qualifications on the basis of the criteria in annex I Chapter XIX subject area A, section III No. 2 letter c or no. 3 letter b of the Unification Treaty of 31 August 1990 in connection with article 1 of the law of 23 September 1990 (BGBl. 1990 II S. 885, 1141) is has been established and the officer has successfully completed the career-legal probationary period.

The officials can section 123 (1) pursuant to §§ 17 and 18 over the area of the Federation or a land beyond to service Lord be seconded or transferred within the territorial scope of this Act.
(2) the secondment or transfer has by the transferor in accordance with the receiving employer; the agreement is in writing. Is available to bring that agreement exists.

section 123a (1) can be assigned to temporarily an activity corresponding to his Office at a public institution outside of the scope of application of this law the officials in the interests of the service or public interest with his consent. The assignment of an activity at any other institution is permitted if urgent public interests require this; the decision is the Supreme authority of service.
(2) a corresponding to his official activities at this facility can be assigned to without his consent the officer 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, if urgent public interests require this.
(3) the legal status of the civil servants shall remain unaffected.

§ 124 section 39 also finds application as its requirements over the range of the Federation or a land are also given.

§ 125 which is civil servants dismissed, if he is appointed to the professional soldiers or to the troops on time. The dismissal is regarded as dismissal upon own request.

section 125a (1), which has a police officers on revocation or former police officers on withdrawal, which has entered into an employment of not more than three years and at least two years in the Federal Border Guard, or in the Federal Police has made prison service, until the expiry of six months after the termination of employment as police officers on revocation setting as a civil servant and he will be put into service in preparation , so the employment do not have the time may be postponed after acquisition of the qualification for the career, to the non-bar a full service of the civil servants up would have been up to the duration of military service to the employment. Strips off the prescribed probation period shall remain unaffected thereby. Sentences 1 and 2 shall apply to carriage by analogy, if the official services justify a promotion during the trial period.
(2) starts a former police officers of withdrawal, which was entered into an employment of not more than three years and at least two years in the Federal Border Guard, or in the Federal Police has done full service, the prison service in the Federal Border Guard, or in the federal police following a prescribed for the future profession as a civil servant or judge training (University, technical or practical training) or it is interrupted by the prison service in the Federal Border Guard, or in the Federal Police , so paragraph 1 shall apply mutatis mutandis if he applies until the expiry of six months after completing the training setting as a civil servant or judge and is set on the basis of this application. Service times, the prerequisite for a promotion, for the judge set under the prerequisites of sentence 1, start with the time to he approached would have been without bar a full service until the duration of the basic military service on the appointment for life.
(3) paragraphs 1 and 2 shall apply by analogy to a former police officers on withdrawal, whose training is carried out by a fixed multi-year activity in the employment relationship in place of the otherwise prescribed preparation service for a later civil servant.

§ 125 b (1) increased in the time requirements for professional competence for the recruitment in the public service, in which the application for setting only as a result of the birth or of caring for a child has been delayed, and the application period of three years after the birth of this child, or six months after the training-like setting conditions , the degree of professional competence is such requirements to consider, that have existed at one time, the application without the birth or the care of the child would have can be made to the. The examination leads to the result that candidates without this delay would have been set, it can be set against other applicants. The number of posts that can be reserved for these candidates in a setting date, shall be determined by the numerical ratio of applicants with delay to those without such a delay; Fractions of points shall be rounded for the benefit of the affected applicants. For the calculation of the period of the delay, only you are in addition the times according to § 3 par. 2 and § 6 para 1 of the maternity protection act to take into account entitled to parental leave § 15 para 1 sentence 1 and times constituting para. 2 of the Federal parental benefits and parents time Act, as well as in women.
(2) the application setting for the actual care of a patient after medical advice other close relative within the meaning of section 12 paragraph 2, delayed applies paragraph 1 sentence 1 to 3 according to. The account enabled period is no longer than three years.

section 125c (1) the Court, the prosecution or the enforcement authority has in criminal proceedings against officials to ensure the necessary staff in the case of bringing the public action 1 the indictment or a claim its place, 2. to submit the application for adoption of a Strafbefehls and 3 final the an instance decision on ground; is against the decision an appeal been lodged, is to transmit the decision having regard to the appeal. The adoption, and the execution of an arrest warrant or a housing command are to be communicated.
(2) in proceedings for negligence committed crimes you only be done set 1 specific submissions in paragraph 1, if 1 it is severe offences, including offences of drunkenness in traffic or of manslaughter, or 2. in other cases requires the knowledge of the data on the basis of the circumstances of the case, to check whether labor law measures are.
(3) decisions on procedure settings, to submit not already referred to in paragraph 1 or 2, are to be delivered, if the conditions referred to in no. 2 are satisfied in paragraph 2. It should be noted how the findings to be secured.
(4) any other fact that a criminal case be known, may be disclosed, if their knowledge due to special circumstances of the case for labour law measures against a civil servant is required and is recognizable if not for the transmitting authority, that prevail protect interests of the officials 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.
(7) notices are be directed to the appropriate service supervisor or his representative in the Office and marked as "Confidential personnel matter".
Section II legal process section 126 (1) for all actions of the officials, retired officials, former officials and the survivors of the civil service is the way of administrative law.
(2) the same applies to actions of the employer.
(3) pursuant to paragraph 1, including the performance and declaratory decision, the provisions of the 8th section of the administrative court order with the following stipulations apply charges: 1 a preliminary procedure is required even if the measure has been taken by the Supreme authority of service.
The top service authority adopts 2. opposition decision. It can transmit the decision for cases in which she has not even taken the measure by General order on other authorities; the arrangement is to publish.
3. contradiction and application for annulment against the secondment or transfer have no suspensive effect.
4. a preliminary proceedings there is no need, when a law stipulates this.

§ 127 for the appeal against the judgment of Oberverwaltungsgericht about a lawsuit from the civil service is the following: 1. is the review except in the cases of § 132 paragraph 2 of the administrative court order to admit, if the judgment of the decision of other Oberverwaltungsgericht is different and is based on this deviation, as long as a decision of the Federal Administrative Court in the rights issue has not acted.
2. the revision can be based except on the violation by federal law on it, that the contested judgment is based on a violation of State law.
Section III legal status of civil servants and pensioners in the reshuffle of authorities article 128 (1) the officers of a corporation which is incorporated fully in another body, transgressed with the reshuffle by operation of law in the service of the host body.
(2) the officers of a corporation that is fully incorporated into several other bodies, are in proportion in the service of the host authorities to take over. The involved authorities have within a period of six months from the date in which the transformation is completed, in agreement with each other to determine by what authorities the individual officers are to take over. As long as an official is not taken, all receiving bodies for the remuneration due to him severally liable.
(3) the officers of a corporation that is partially incorporated into one or more other corporations, are proportionately with several corporations to take over in the service of the host authorities to a proportionate extent. Paragraph 2 sentence 2 shall apply.
(4) paragraphs 1 to 3 shall apply mutatis mutandis if a corporation with one or more other corporations is affiliated to a new entity, if from a corporation or a body parts one or more new bodies are formed, or if tasks a body completely or partly to one or more other entities.

Article 129 (1) exceeds an official on the basis of section 128 paragraph 1 by operation of law in the service of some other body or he is applied on the basis of section 128, paragraph 2 or 3 by some other body, section 18, paragraph 4 shall apply accordingly.
(2) in the case of section 128, paragraph 1, the continuation of the relationship of civil servants is in writing but not in electronic form to confirm the officials of the host or new authority.
(3) in the cases of section 128, paragraph 2 and 3 the takeover has by the Corporation, in whose service the civil servants should appear; the order is effective upon delivery to the officials. The civil servant is obliged, subsequent to acquisition available; He does not fulfil the obligation, he is to dismiss.
(4) paragraphs 1 to 3 shall apply mutatis mutandis in cases of § 128 4.

Section 130 (1) according to article 128 in the service of some other body Force Act which came over or taken over by her officials to a previous Office after meaning and content regardless of gleichzubewertendes Office be transferred to service and seniority. If a use corresponding to the previous Office is not possible, article 18, paragraph 2, sentence 2 and § 23 paragraph 3 apply corresponding to no. 3. Application of § 18 para 2 sentence 2, the officials in addition to the new official title may which of the previous Office with the addition of "out of service" ("a.D.") lead.
(2) the host or new Corporation may, if the number of officials existing with her after the reshuffle exceed the real needs, within a period of six months put the expendable officials on life time or on time, whose area of responsibility was touched by the reshuffle, retired in the interests. The period of sentence 1 in the case of section 128 paragraph 1 with the progression in the cases of section 128, paragraph 2 and 3 with the determination of those officials, the corporation committed to the takeover is; the same applies in the cases of section 128 paragraph 4 applies section 20 clause 3. For civil servants 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.

Section 131 is within any time soon with a reshuffle within the meaning of section 128, so the top supervisors of the involved authorities may order that civil servants, whose area of responsibility is expected to be affected by the reshuffle may be appointed only with their permission. The arrangement may be issued for the period of one year maximum. Shall be notified to the concerned authorities. The permit should be refused only if through such appointments the implementation of much would complicated measures according to §§ 128 to 130.

Section 132 (1) the rules of section 128, paragraph 1 and 2, and of article 129 accordingly care recipients existing at the time of the reshuffle in the issuing corporation.
(2) in the cases of section 128 paragraph 3 remain the claims of existing at the time of the reshuffle care recipient to the issuing corporation.
(3) paragraphs 1 and 2 shall apply in the cases of § 128 4.

§ 133 as Corporation within the meaning of the provisions of this section shall apply to all legal entities of public law with Service Mr ability (§ 121).
Section IV special provisions for the voltage and defense case section 133a restrictions, regulations and obligations after the §§ 133 are b-133e only in accordance with article 80 of the basic law allowed. Does not apply to persons within the meaning of § 5 para 1 of the work safety act of July 9, 1968 (Federal Law Gazette I p. 787), last amended by article 32 of the Act of 18 December 1989 (Federal Law Gazette I S. 2261).

The officials can 133 b (1) § for purposes of Defense even without his 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 the officials, representing not his Office or his career qualification, unless the assumption is reasonable after his on - and training and with regard to the exceptional situation. Only him of tasks a lower grade may be transferred, when it is incontrovertible for official reasons.
(3) the officer has in fulfilling the tasks entrusted to him for purposes of Defense to take risks and complications to, insofar as this can reasonably be expected to him according to the circumstances and his personal circumstances.
(4) the officer is obliged with a transfer of the authority or agency - also outside the scope of this law - to the service at the new place of employment.

§ 133c. 
The dismissal of a civil servant on his 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 his 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 into 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 deferred to the end of the month, in which the officials reached the 65 age.

§ 133d a retired civil servant, who has not yet completed the age of 65, can be called again for purposes of defense in a civil servant, if this is necessary in the public interest and can not cover the personnel requirements of public administration in the area of his former employer on a voluntary basis. The officers expire if it is not previously quits at the end of the month in which the official age of 65..

the officer for the purposes of the defence may be required § 133e (1) if there are business reasons to do so, temporarily to live in shared accommodation and to take part in catering.
(2) the officer is 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 V Special provisions for uses in other countries § 133f (1) the provisions of this section apply to civil servants, who are used to the perception of the Office entrusted to them abroad or outside German territory on ships or aircraft and are exposed due to dangers raised by domestic of significantly differing conditions.
(2) a referred to in paragraph 1 of used official can, as far as official reasons so require, be required 1 temporarily in a shared accommodation living and to participate in a Community Board, protective clothing to wear 2., uniforms to wear 3, to do 4 of the regular working time without special compensation service.
In the cases of paragraph 4 a time off in lieu will only be granted for the extra stress as far as the official requirements allow.
(3) the employer has to ensure that the necessary measures to protect and care for the officials used pursuant to paragraph 1 are met.
(4) a civil servant at the time of the intended flow or the provided entry into retirement after the §§ 25 and 26 used pursuant to paragraph 1 has been removed from his tenure because of abduction, captivity or other service-related reasons, which he is not responsible, the sphere of influence of the employer, the employment will be extended up to the end of the month following the termination of this State.

135. this law does not apply to the public religious societies and their associations section. This is left to govern the legal relationships of their officers and chaplains according to this law and to explain the provisions of chapter II, section II apply.

section 136 (dropped out) section 137 (transitional provision) §§ 139 and 140 (fallen away) (Amendment of legislation) section 141 (void) section 142 (entry into force)