Law on the civil service provider (Article 2 of the Law on the Participation of Soldiers and Civil Service Services) (Civil Service Confidence-Law-ZDVG)

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ZDVG

Date of completion: 16.01.1991

Full quote:

" Civil Service Confidence-Law of 16 January 1991 (BGBl. 47, 53), the most recent of which is Article 3 of the Law of 14 June 2009 (BGBl. 1229).

Status:

Last amended by Art. 3 G v. 14.6.2009 I 1229

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof: 22.1.1991 + + +) 

  

The G was announced on 22.1.1991 and is gem. Art. 4 sentence 1 G v. 16.1.1991 I 47 entered into force on the day of delivery

Section 1
General provisions

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§ 1 Participation, principle

(1) The participation of the civil service providers (service providers) in the field of service in accordance with the provisions of this law should be based on mutual trust in the organisation of services and on the provision of care for the (3) The right of the service provider to contact his superiors in the service and personal affairs of the service provider. as well as requests and complaints shall remain unaffected. Unofficial table of contents

§ 2 Confidence

(1) End of service in secret and direct election from their ranks

1.

in services or in training courses with five to twenty service providers, one trust each and one substitute each,

2.

in services or in training courses with twenty-one and more service providers, one trust each and two alternates each.

(2) The choice of the person of trust and the substitutes shall not apply for courses, if the expected term of office of the person of trust is less than ten calendar days until the end of the course. (3) All service providers shall be entitled to vote, that belong to the electoral area for which the confidence man is to be elected. (4) Any eligible voters of the elective area shall be eligible to vote, except for the election period.

1.

services which, as a result of judicial proceedings, do not possess the ability to obtain rights from public elections; and

2.

of the service providers who have been dismissed by the Administrative Court as a man of confidence before the date of the vote.

(5) The Federal Ministry for Family Affairs, Senior Citizens, Women and Youth is authorized to adopt provisions for the implementation of the elections referred to in paragraph 1 by means of a decree law which does not require the consent of the Federal Council for the implementation of the elections referred to in paragraph 1 above.

1.

the electoral areas,

2.

the preparation of the election, in particular the appointment of the electoral board, the setting of the election date, the electoral announcements, the voters 'register, objections to the voters' register, the nominations, the list of candidates,

3.

the vote,

4.

the determination of the results of the election and its disclosure; and

5.

the storage of the electoral markets.

(6) Three persons entitled to vote, the management of the office or the management of the course may contest the election within fourteen days from the date of the announcement of the results of the election in the Administrative Court, with the request, the election for shall be declared invalid if there has been a breach of the essential provisions relating to the right to vote, the eligibility or the electoral procedure and if a correction has not been made, unless the result of the infringement does not alter the outcome of the election, or could be influenced. Unofficial table of contents

§ 3 Participation of the operational or staff council

(1) The liaison officer may take part in meetings of the operating or staff council of the office when matters relating to the service ends are dealt with. (2) If a person of confidence is not elected, the Service providers with their concerns to contact the operational or staff council responsible for their service. This shall have the effect of taking into account the concerns, if they appear justified, in the management of the establishment or administration.

Section 2
Legal Status of the Confidence Mannees

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§ 4 Protection of the Confidence Mannees

The person of confidence shall not be impeded in the exercise of his or her powers and shall not be penalised or favoured by reason of his or her activities. Unofficial table of contents

§ 5 secrecy

(1) The person of trust shall not remain silent on the matters and facts disclosed to him in the performance of his duties under this Act. (2) The obligation of confidentiality shall not apply to matters or facts which are manifestly , or they do not require secrecy in their importance. Furthermore, the duty of confidentiality shall not apply to the Federal Office of Civil Service (Bundesamt) and to the members of the operational or staff council responsible for the service. Unofficial table of contents

§ 6 Accident Protection

If, on the occasion of the exercise of rights or the performance of duties under this law, a service provider suffers from a health injury which, in the sense of the Civil Service Act, would be a civil service damage, it shall be found that: § 35 (5) and (8), § 47, and § § 49 to 51 of the Civil Service Act. Unofficial table of contents

§ 7 Term of office

(1) The term of office of the liaison officer shall begin with the day of the election or, if at this point in time a man of confidence is in office, with the expiry of his term of office. If the civil service ends or the course of the trust ends, his term of office ends. The term of office of a deputy shall begin with the day of the election, but at the earliest with the beginning of the term of office of the man of trust he represents; it shall end with the end of his or her civil service or his course of training. (2) The Office of the Confidence Mannec ends before the end of the term

1.

Through the establishment of the Office,

2.

by loss of eligibility, or

3.

by a final decision of the Administrative Court.

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Section 8 Niederlaying of the Office

The man of trust may lay down his office by means of a written declaration to the management of the service. The establishment of the Office shall be notified in the service of the service. In the case of training courses, the management of the course is replaced by the management of the department. Unofficial table of contents

§ 9 Abconvening of the Confidence Mannes

(1) The President or the President of the Federal Office, at least a quarter of the service ends of the electoral area or the management of the office may apply to the Administrative Court, the man of trust due to gross neglect of his or her own to be dismissed as a man of trust due to gross violation of his legal duties. The request for a dismise may also be made on account of any other conduct of the trust which is appropriate for the responsible cooperation between the supervisor and the service provider or the co-existence within the (2) At the request of one of the applicants, the Administrative Court may order the provisional suspension of the Office of the Confidence of Confidence until the decision on the application for a reappointment procedure. Unofficial table of contents

§ 10 Admission of the Deputy

(1) If the Office of the Confidence Mannes ends prematurely (§ 7), the substitute shall enter. If there is no substitute, a new one is to be elected. (2) The substitute shall also enter if the person of confidence in the performance of his duties is prevented or his office rests (Section 9 (2)). (3) § § 7 to 9 shall apply accordingly to the deputy. Unofficial table of contents

§ 11 Vernisation of the Confidence Mannees

During the period of his duties, the person of trust may not be transferred against his will to another department unless this is unavoidable, even in the light of his position as a man of confidence for service reasons. The same shall apply to the service ends proposed for election until election day. Unofficial table of contents

§ 12 Appeal law

In accordance with Section 41 of the Civil Service Act, the trustman can also complain if he believes that he is impeded in the exercise of his or her powers or that he is disadvantaged because of his activities. Unofficial table of contents

§ 13 complaints against the trust

The President or the President of the Federal Office shall decide on complaints against the trust. You or he may delegate this power to an official appointed for this purpose or to an official of the Federal Office who has been appointed for this purpose, or who has the competence to judge the Office.

Section 3
Participation of the Confidence Mannec

Subsection 1
General

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Section 14 Principles of cooperation

(1) The person of trust shall contribute to responsible cooperation between superiors and service providers as well as to the maintenance of trust within the office or the training course. (2) The supervisor shall have the confidence man in the performance of his duties. The man of trust shall be informed in a timely and comprehensive manner on matters relating to his/her duties. During the service, he shall be given the opportunity to hold office hours at the end of the service within the department, insofar as this is necessary for the performance of his/her duties and in so far as it does not preclude the service's reasons. Unofficial table of contents

§ 15 Duties of superiors

(1) The supervisor shall inform all the service providers immediately after entering the service of the rights and duties of the man of trust and to announce the name of the confidence-man. (2) The supervisor shall have the confidence man and the person responsible for the service shall be informed. (3) Confidence men and their deputists, who have been elected for the first time in their office, are prepared for their duties by the Federal Office. (4) The President or the President of the Federal Republic of Germany President of the Federal Office or the employees of the Federal Office shall, at least once in the calendar half-year, conduct a meeting with superiors and confidensers on matters of common interest from the role of the man of trust. In consultation with the superiors, the confidence men must be given the opportunity to prepare for these meetings. (5) The trust is to be granted by the service of the service in the framework of the legal regulations, if it is fulfilled by the fulfilment of the requirements. of his duties as a man of trust beyond the regular daily working hours.

Subsection 2
Forms of participation

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§ 16 Consultation

The person of trust shall be informed in good time of any intended measures and decisions to which he or she is to be consulted. It is an opportunity for him to express his views. Unofficial table of contents

§ 17 Right of proposal

(1) In so far as the confidence man is entitled to a right of proposal, the supervisor shall discuss the suggestions of the man of trust with him. (2) If an agreement is not reached, the confidence-man may be the cause of his or her next higher-level If such a person is present or if such a person is present, he or she shall be present. This or this shall decide in conclusion. It shall suspend the execution of a service or any other measure until the decision is taken if there is no reason for the official reasons. (3) If the supervisor fails to propose a proposal from the man of confidence, the or not in full, it shall inform the confidence man of the decision, stating the reasons. Unofficial table of contents

§ 18 Co-determination

If a measure or decision of the co-determination is subject, the person of confidence shall be informed by the supervisor or the competent supervisor in good time. In doing so, he will be given the opportunity to express his views. If an agreement is not reached, the measure or the decision shall be suspended and the next higher supervisor shall be called upon, provided that such a supervisor exists or is present. If the person or the next higher supervisor decides by way of derogation from the proposal, the decision shall be justified in writing with regard to the confidence man.

Subsection 3
Task Areas

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Section 19 Staff matters

(1) The confidence man shall be heard by the supervisor or the superiors in the following personnel measures at the request of the service provider concerned:

1.

Transfers for service reasons,

2.

reactions within the office,

3.

early termination of the service, provided that the civil service law grants discretion, and

4.

Applications for approval of a secondary activity or special leave.

(2) The supervisor shall inform the competent authority of the statement of confidence in the intended personnel measure of the competent authority. The outcome of the hearing shall be included in the Staff Decision. Unofficial table of contents

Section 20 Service

(1) The supervisor shall listen to the confidence-president for the design of the service. The man of trust has the right to submit proposals. (2) The service includes all measures, which are defined in the service, employment or shift plan, and questions of the work tasks, the internal service, the care and the extra-service community life. Exceptions are questions relating to the objectives and contents of the courses. (3) At the request of the service provider concerned, the person of trust should be heard in the individual granting of waivers from the service. Unofficial table of contents

Section 21 Care and care

(1) The establishment of user orders for care facilities is subject to the co-determination of the confidence man. (2) The planning of events of the extra-service community life is determined by the confidence man. He is to be heard in order to carry out official events in a convivious way. Unofficial table of contents

Section 22 Ahndung of service contracts

(1) Prior to the imposition of disciplinary measures, the person of trust shall be heard on the person of the service provider and on the facts. (2) The facts shall be communicated to the person of trust before the hearing begins. (3) The hearing shall be subject to a hearing. To make a copy which is to be taken to the files. Unofficial table of contents

Section 23 Appeal procedure

Where a complaint relates to questions relating to the operation, care or extra-service life of the Community, the person of trust of the appellant shall be heard. In personnel matters (§ 19), the confidence man shall be heard at the request of the appellant. Unofficial table of contents

Section 24 Exclusion of participation

If the person concerned is himself a member of a staff measure or a disciplinary measure or a complainant, the person of trust shall not be involved. In such cases, the representative of the confidence-man shall be involved. Unofficial table of contents

Section 25

(dropped)