Framework law for the unification of civil servants ' law

Original Language Title: Rahmengesetz zur Vereinheitlichung des Beamtenrechts

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Framework law for the unification of civil servants ' law (civil service law framework law-BRRG)

Unofficial table of contents

BRRG

Date of completion: 01.07.1957

Full quote:

" The Law of the Civil Service in the version of the Notice of 31 March 1999 (BGBl. 654), as last amended by Article 15 (14) of the Law of 5 February 2009 (BGBl). 160) has been amended "

Status:	New by Bek. v. 31.3.1999 I 654;
	Last amended by Art. 15 para. 14 G v. 5.2.2009 I 160

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 1.1.1982 + + +)

(+ + + measures due to EinigVtr cf. BRRG Appendix EV + + +) Unofficial table of contents

Content Summary

Chapter I		(dropped)
Chapter II
Provisions which shall apply in a uniform and direct manner
Section I:		General	§ § 121 to 125c
Section II:		Legal Way	§ § 126 and 127
Section III:		Legal status of officials and beneficiaries in the reformation of bodies	§ § 128 to 133
Section IV:		Special arrangements for the case of tension and defence	§ § 133a to 133e
Section V:		Special arrangements for use abroad	§ 133f
Chapter III
	General final provisions		§ 135

Chapter I
(dropped)

Unofficial table of contents

§ § 119 and 120 (omitted)

Chapter II
Provisions which shall apply in a uniform and direct manner

Section I
General

Unofficial table of contents

Section 121

The right to have officials, except the federal government

1.: the Länder, the municipalities and the municipal associations,
2.: other bodies, institutions and foundations of public law which have this right at the time of the entry into force of this Act or which, after that date, are conferred by law, regulation or statute; such Statutes require authorisation by a body authorised to do so by law.

Unofficial table of contents

§ 122

(1) The admission to the preparatory service of a career may not be refused because the applicant has acquired the pre-education required for his/her career (§ 13) in the field of another Dienstherrn. (2) Those who are subject to the conditions § § 13 to 14c has acquired the qualification for a career, possesses the competence for corresponding career paths in the scope of this law for all dienstherren. The same shall apply where the ability to act on the basis of the measures laid down in Annex I, Chapter XIX, Sachgebiet A, Section III, No 2 (c) or (3) (b) of the Agreement of 31 August 1990, in conjunction with Article 1 of the Law of 23 September 1990 1990 (BGBl. 885, 1141), and the official has successfully completed the trial period in the course of the running of the career. Unofficial table of contents

§ 123

(1) In accordance with § § 17 and 18, the official may also be secondhand or transferred beyond the scope of the federal or a country to another servant's body within the scope of this law. (2) The secondhand or offsetting shall be transferred from the (a) shall be informed in writing of the agreement with the receiving dientherrn, which shall be declared in writing. It should be stated that the agreement has been agreed. Unofficial table of contents

Section 123a

(1) In the interests of the service or public interest, the official may, with his consent, be temporarily assigned an activity corresponding to his office to a public body outside the scope of this Act. The assignment of an activity to another institution is permissible if urgent public interests so require; the decision shall be taken by the supreme service authority. (2) The official of a service which wholly or partly in a , without its consent, an activity corresponding to its Office may be used by the public authorities, without the consent of the public authorities, or by a private body which has been organised by the public authorities. If urgent public interests are to be allocated (3) The legal status of the official shall remain unaffected. Unofficial table of contents

Section 124

§ 39 shall also apply in so far as its conditions are given beyond the scope of the federal or a country. Unofficial table of contents

§ 125

The official shall be dismissed if he is appointed to the professional soldier or to the soldier on time. The dismissal shall be deemed to be dismissed on his own request. Unofficial table of contents

Section 125a

(1) A law enforcement officer shall apply for a revocation or an earlier police enforcement officer who has received a service of no more than three years and at least two years of the enforcement service in the Federal Border Guard or in the Federal police have, until six months after the end of the service, have been appointed as a police force officer for revocation for recruitment as a civil servant and he is recruited in the preparatory service, so after the acquisition of the qualification for the raceway, the job does not move beyond the point of time , which would have been used by the official without the provision of a management service until the duration of the basic service for the service. This does not affect the rehearsals of the prescribed trial period. The rates 1 and 2 shall apply in the case of carriage, provided that the services justify a carriage during the probative period. (2) A former law enforcement officer shall commence a revocation of a service of no more than three years had been received and at least two years in the Federal Border Guard or in the Federal Police did, following the law enforcement service in the Federal Border Guard or in the Federal Police, one for the future occupation as an official or Judges required training (higher education, specialist school or practical training) training), or if it is interrupted by the law enforcement service in the Federal Border Guard or in the Federal Police, paragraph 1 shall apply accordingly if he or she has been appointed as an official or an official by the end of six months after the end of the training period; or Judge advertises and is recrued on the basis of this application. Periods of service which are necessary for a promotion shall commend for the judge set up under the conditions set out in the first sentence, with the date on which he or she shall be appointed without the provision of a performance service until the duration of the basic service (3) The provisions of paragraphs 1 and 2 shall apply mutaly to a former law enforcement officer for revocation, whose training for a later civil servant relationship shall be determined by a fixed perennial activity in the employment relationship carried out in place of the otherwise prescribed preparatory service . Unofficial table of contents

Section 125b

(1) If the requirements relating to professional competence for recruitment in the public service have increased during the period in which the application for recruitment has been delayed only as a result of the birth or care of a child, and is the Application within three years after the birth of this child, or six months after the completion of the training conditions, the degree of professional competence shall be examined in accordance with the requirements which may be applied at a time Have passed the application without giving birth or taking care of the child . If the examination leads to the result that the applicant would have been recruit without this delay, he can be hired before other candidates. The number of posts which may be reserved for these candidates in an appointment shall be determined by the numerical ratio of the candidates with a delay to those without such a delay; fractions of posts shall be determined. For the benefit of the applicants concerned. For the calculation of the period of delay, only the periods of entitlement to parental leave pursuant to section 15 (1) sentence 1 and section 2 of the Federal Elder's Law on parental and parental leave, as well as for women, are the periods pursuant to § 3 (2) and (6). (2) If the application for recruitment is delayed only on account of the actual care of other close relatives in need of medical advice pursuant to section 12 (2), paragraph 1 shall apply Sentence 1 to 3 accordingly. The period of time to be taken into account shall be three years at the latest. Unofficial table of contents

§ 125c

(1) The court, the law enforcement authority or the law enforcement authority has in criminal proceedings against officials to ensure the necessary service measures in the case of the collection of the public lawsuit

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

; if an appeal has been filed against the decision, the decision shall be communicated with reference to the appeal lodged. The remission and the execution of an arrest warrant or a placement command shall be communicated. (2) In proceedings for negligence of committed offences, the transfers specified in the first sentence of paragraph 1 shall be carried out only if:

1.: they are serious infringements, including offences of drunkenness in road transport or negligent slaughter, or
2.: in other cases, the knowledge of the data is necessary on the basis 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 transmitted in accordance with paragraphs 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 communicated if their knowledge of the specific circumstances of the case is to be disclosed. shall be required to take action against an official, and where it is not apparent to the transmitting body that the protection worthy interests of the official predominate in the exclusion of the transmission; the knowledge of the data is required even if it is necessary to consider whether to take the necessary measures to ensure that there is a need to take appropriate action . (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 pursuant to paragraph 4 shall be permitted under the conditions laid down in Section 30 (4) (5) of the Tax Code. (7) Communications shall be sent to the competent service supervisors or his representative in the Office and shall be deemed to be a "confidential personnel matter". flag.

Section II
Legal Way

Unofficial table of contents

§ 126

(1) The administrative right shall apply to all proceedings of officials, retirement officials, former officials and survivors of the civil servant's relationship. (2) The same shall apply to claims made by the servant. (3) For claims referred to in paragraph 1, including the Performance and arrest claims shall be subject to the provisions of the 8. Section of the administrative court order with the following measures:

1.: A preliminary procedure shall be required even if the measure has been taken by the supreme service authority.
2.: The supreme service authority shall issue the notice of appeal. It may, by means of a general order, transfer the decision to other authorities for cases in which it has not taken the measure itself; the order shall be published.
3.: The opposition and the action against the secondhand or the offsetting shall not have suspensive effect.
4.: A preliminary procedure is not required if a law determines this.

Unofficial table of contents

§ 127

The following shall apply to the revision of the judgment of a Supreme Administrative Court on a complaint from the civil servant's relationship:

1.: The revision shall be permitted, except in the cases of Section 132 (2) of the Administrative Court order, if the judgment deviates from the decision of another Supreme Administrative Court and is based on that deviation, as long as a decision of the Federal Administrative Court has not been issued in the legal matter.
2.: In addition to the violation of federal law, the revision may be based on the fact that the judgment under appeal is based on the violation of national law.

Section III
Legal status of officials and beneficiaries in the reformation of bodies

Unofficial table of contents

§ 128

(1) Officials of a body which is fully incorporated into another body shall enter into service of the receiving body with the formation of a law. (2) The officials of a body, which shall be fully engaged in several Other entities are to be incorporated into the service of the receiving bodies. Within a period of six months from the date on which the transformation has been completed, the bodies involved shall, in agreement with each other, determine the entities to which the individual officials are to be responsible. As long as an official is not taken over, all the receiving bodies shall be liable for the salaries to be paid to him as a full debtor. (3) The officials of a body, which is partially incorporated into one or more other entities, shall be responsible for: a proportional part, in the case of several entities, to take over the service of the receiving bodies. The second sentence of paragraph 2 shall apply. (4) Paragraphs 1 to 3 shall apply mutaly if a body is to be merged with one or more other entities to form a new body, if from a body or parts of a body. Physical body one or more new entities are formed, or when tasks of a body are completely or partially transferred to one or more other entities. Unofficial table of contents

Section 129

(1) If an official enters the service of another body by virtue of Section 128 (1) of the Act, or if he/she is taken over by another body on the basis of Section 128 (2) or (3), Section 18 (4) shall apply accordingly. (2) In the case of § § 128 (1) 128 (1) is to be confirmed to the official by the receiving or new body the continuation of the civil service relationship in writing, but not in electronic form. (3) In the cases of § 128 (2) and (3), the takeover of the body shall be at the service of which the official is to act; the service shall be made available to the official with the service. The official is obliged to comply with the transfer order; if he does not comply with the obligation, he shall be dismissed. (4) The provisions of paragraphs 1 to 3 shall apply in the cases of Section 128 (4). Unofficial table of contents

§ 130

(1) In accordance with Section 128 of the Act, an official who has been transferred to the service of another corporation by law or has been transferred from it shall be responsible for the role and content of his former office in accordance with the meaning and content of the service without regard to the duties and seniority of the service. shall be transferred. If a use corresponding to the previous office is not possible, Section 18 (2) sentence 2 and Section 23 (3) No. 3 shall apply mutatily. In the case of application of the second sentence of Article 18 (2), the official may, in addition to the new official title, lead the former office with the addition of "out of service" ("a.D. "). (2) The receiving or new body may, if the number of cases after the formation of the new office is , within a period of six months, the person who is not required to do so shall, within a period of six months, be able to retire in the temporary retirement age or at the time when the task area has been affected by the retraining. The period of the sentence 1 begins in the case of § 128 paragraph 1 with the transfer, in the cases of § 128 para. 2 and 3 with the provision of those officers, for whose takeover the corporation is obliged; the same applies in the cases of § 128 para. 4. § 20 sentence 3 shall apply. In the case of temporary officials who are placed in the temporary retirement after the first sentence, the temporary retirement ends at the end of the term of office; they shall be deemed to be permanently retired at that time if they remain in office with the expiry of the term of office. of the term of office would have been stepped up. Unofficial table of contents

Section 131

If a conversion within the meaning of § 128 is to be expected within the foreseeable future, the supreme supervisory authorities of the bodies involved may order that officials whose remit is likely to be affected by the formation shall be subject only to: may be appointed. The arrangement shall not exceed the duration of one year. It shall be awarded to the bodies involved. The authorisation should only be denied if such appointments would make the implementation of the measures required under § § 128 to 130 considerably more difficult. Unofficial table of contents

Section 132

(1) The provisions of § 128 (1) and (2) and § 129 shall apply in accordance with the provision of the recipients present at the time of retraining with the losing body. (2) In the cases of Section 128 (3), the claims of those at the time of the transfer shall remain (3) The provisions of paragraphs 1 and 2 shall apply in the cases of Section 128 (4). Unofficial table of contents

§ 133

As a body within the meaning of the provisions of this section, all legal persons governed by public law with the ability to exercise their ability to act (§ 121) shall apply.

Section IV
Special arrangements for the case of tension and defence

Unofficial table of contents

Section 133a

Restrictions, orders and obligations pursuant to § § 133b to 133e are permissible only in accordance with Article 80a of the Basic Law. They do not apply to persons within the meaning of Section 5 (1) of the Employment Protection Act of 9 July 1968 (BGBl. 787), as last amended by Article 32 of the Law of 18 December 1989 (BGBl I). 2261). Unofficial table of contents

Section 133b

(1) The official may, for purposes of defence, be secondhand to any other servant's head or to the service provided by civil services of the State or of the State. (2) The official may, for the purposes of the The defence shall also be entrusted with tasks which do not correspond to his or her duties or to his career, provided that he/she is reasonably expected to take over after his or her training and in respect of the exceptional situation. The duties of a lower category may only be entrusted to him if this is unavoidable for service reasons. (3) In carrying out the duties assigned to him for the purpose of defence, the official shall have hazards and obstacles to the performance of the duties assigned to him. (4) The official shall, in the event of a transfer of the authority or service, also outside the scope of this Act, to be taken into account. Service at the new place of service obligated. Unofficial table of contents

§ 133c

The dismissal of an official at his request may be deferred for defence purposes if it is necessary in the public interest and if the staffing requirements of the public administration in the field of his/her diendiary are 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 the official into retirement after reaching the age limit and early retirement on request without proof of invalidity may be deferred under the conditions of sentence 1 to the end of the month. , in which the official is 65. Year of life completed. Unofficial table of contents

§ 133d

A retirement officer, who is the 65. It may, for the purposes of defence, be re-appointed to a civil servant relationship if it is necessary in the public interest and the staffing needs of the public administration in the field of its existing civil service Dienstherrn cannot be covered on a voluntary basis. The civil servant relationship ends if it is not finished before, with the end of the month in which the official is the 65. Year of life completed. Unofficial table of contents

§ 133e

(1) If there are grounds for service, the official may be obliged, for the purposes of defence, to reside temporarily in Community accommodation and to participate in joint catering. (2) The official shall be obliged to do so for the purpose of: Defence beyond regular working hours without special remuneration service to do. 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 V
Special arrangements for use abroad

Unofficial table of contents

§ 133f

(1) The provisions of this Section shall apply to 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 their domestic territory. (2) A civil servant used in accordance with paragraph 1 may be required, in so far as such service is required, to be required to:

1.: temporarily reside in a community accommodation and participate in a communal catering,
2.: to wear protective clothing,
3.: to wear service clothes,
4.: in addition to regular working hours, without paying special remuneration.

In the cases referred to in point 4, for the purposes of the additional claim, a free-time exception shall be granted only to the extent permitted by the service requirements. (3) The Dienstherr shall seek to ensure that the measures necessary for the protection and care of the in accordance with the provisions of paragraph 1. (4) If a civil servant used in accordance with paragraph 1 is retired at the time of the scheduled entry into retirement pursuant to Sections 25 and 26 or the scheduled expiry of his/her term of office for the purpose of enforced disappearance, Captivity or any other reasons related to the service which he or she shall not be entitled to , the service ratio shall be extended to the end of the month following the termination of this state, the service ratio shall be extended to the end of the month following this condition. Unofficial table of contents

§ 135

This law does not apply to the public-law religious societies and their associations. It is left to them to regulate the legal conditions of their officials and chaplainers in accordance with this law and to declare the provisions of Chapter II, Section II, applicable. Unofficial table of contents

Section 136

(dropped) Unofficial table of contents

Section 137

(transitional provision) Unofficial table of contents

§ § 139 and 140 (omitted)

(amendment of legislation) Unofficial table of contents

Section 141

(unopposed) Unofficial table of contents

Section 142

(Entry into force)