An official - woman official - an official

8 March 2009

The term of the official/the woman official to explain, at least as comprehensively as the entire official right, the civil service pay etc. is numerous law books is occupied with the occupational group of the official. Added the attempt the occupation of the official as comprehensively as possible to explain informative and nevertheless understandably. The better comprehensibility because of, the explanation or the information is divided into sales.

The term of officials/woman official

The group of the official is subdivided. One differentiates between:

• the state-legal official
• the adhesion-legal official
• the criminal official
• the trade-legal official

Furthermore one differentiates further between the direct official and the indirect official. The direct official is part the public administration so called, while the indirect official has a legal entity of the public right as a service gentleman.

Kinds of official conditions

After the service gentleman:

• A federal official
• A national official
• A local official
• An official of other bodies, institutes and foundations of the off. Right

After the connection:

• Tenured civil servant
• An honor official
• A partial time official
• political officials

After the duration:

• An official on revocation
• An official on sample
• An official on lifetime
• An official on time

After the capability:

• Career applicant
• Other applicants

After the group of careers:

• Simple service
• Intermediary service
• Elevated service
• Higher service

The official status

The official status regulates special conditions of employment of the official between the countries of the FRG. Since the Förderalismusreform starting from the year 2006 may arrange the federation only the official right for the federal officials legislative. For this time the Federal states possess the legislative competence over the entire official right of their national officials, including the local officials. Thus the authority is again divided over the legislation of the officials. 1976 the official right standardize, this is now again waived.

Persons, who are in an employer-employee relationship under private law, may not take over certain tasks. These will transfer the official. The official must fill out impartially sovereign tasks, as well as serve tasks for the protection of the state and the public life.

The official right

The official right contains among other things the reason of the official relationship, as well as the rights and obligations of the officials in Germany.

Until 2006 was bound the countries with their land official laws to the defaults of the official right basic law. With the entry into force of the new legislation starting from 2009 this is to now change. The official status law was again revised, in order to create clear structures and eliminate bureaucratic obstacles. It should become more modern and more uniform and make thus a clear personnel management in the public administration possible.

The article 33 Abs.5 GG is to guarantee and ensure those the necessary uniformity of the public service.

The reason of the official relationship

The official relationship comes off with the appointment. This is an obligated for agreement administrative act. The receipt effected without opposition and is confirmed with a certificate of appointment. The appointments take place after suitability, capability and technical achievements.

The official relationship can be justified on lifetime, on time, on sample or on revocation. A condition for the appointment of the official is the German nationality and entering for German democracy. In special cases can be refrained from a German nationality, like for example the appointment of a professor.

An official cannot be quit, quit still, since he stands in no official employer-employee relationship. Differently than at a normal employee must be asked here for a dissolution of the service relationship. A dismissal from the service relationship on the part of the state is possible only if a Disziplinarverfahren lies to reason or a special form of the service inability.

Possible also a Beamtung is on time, if for example a certain activity is to be expenditure-practiced only during a before well-known period. As for example with polling clerks as the mayor. Likewise possible is the honor official, like for example an honorary consul or a commander of fire-brigade of the voluntary fire-brigade. Usually do not belong Secretaries of State, heads of the provincial government, Ministerialdirektoren or press speakers of the government to the group of the political officials, this group require a special official regulation.

Right one of the officials in Germany

The German official has a special obligation opposite the service gentleman in service and loyalty. In response the service gentleman is committed to welfare service opposite the official to one besondern. This means an appropriate remuneration for the official tariff, as well as support in the medical case and with the pension (pension). With handing out the service gentleman is committed to the certificate of appointment to the disbursement of the civil service pay. Different salary brackets specify the salary. This is differently regular in different Federal states and appropriate tables to infer.

Obligations of the officials

At the beginning of the service the official puts an oath of allegiance down, to which he is bound during the entire service also into North-Rhine/Westphalia. It must act during this whole time after right and law and is instruction. Offenses against the oath of allegiance can be punished with Disziplinarverfahren.

Some citizen rights are forbidden to the official, like for example the right to strike and the right to free expression of opinion. Even outside of the service the official must adapt its behavior to his occupation. Additional jobs are only conditionally permissible and must be announced and approved in each case.

The civil service pay

The civil service pay is in different groups (of A, B, C, R and W) regulated and depends on the practice of the official. The salary must fulfill the functional payment of the official. For all salary brackets there is two regulations for east and west Germany. Still no federally uniform salary gives. Salary of public servants is in advance paid at the beginning of the month. This is to guarantee the financial independence of the official and avoid corruption.

The medical case

The official is not insured in the legal health insurance. It receives an aid achievement of the service gentleman. Officials nevertheless in the legal health insurance insure themselves, receive no aid of the service gentleman.

The pension and/or the retirement pension of the official

The height of the retirement pension, also pension mentioned, depends on the last purchases of the official, however at the most 71.75 per cent of the last service purchases amounts to. Likewise the number of service years are considered. Also for the pension of public servants there are numerous regulations, laws and tables. All this to specify here is not possible at all. Resuming information and tables for the retirement pension of the official one finds on-line.

The groups of careers

In Germany there are four different groups of careers of the official. All contain first the preparation time and trial period. Afterwards one differentiates between simple service, middle service, elevated service and higher service. All ranks are regular and according to their requirement are recompensed in different salary brackets.

The change of bureaucracy

The east of Germany employs a by far less official than the west. Whether the official is really costs more saving as an employee, is still disputed. Particularly with the teachers there is criticism at the official nature. It is determined, who once it is firmly with civil service status particularly in the occupation of teacher, little actionism for change and advancement sees.

The occupation of the official is deeply rooted. Already in old Egypt there were officials, whose status in the Roman realm was continued to develop. However the occupational group of the official in the course of the time naturally changed itself. Two things remained fundamentally alike however. The obligation of the service gentleman opposite the official to supply this lifelong well and the special loyalty of the official opposite the service gentleman, so that he does for example in practice of his statute without certain fundamental rights.

Importantly:

Everything for officials. The article does not lay any claim on complete completeness. The occupational group of the official fills whole law books and can therefore here not possibly completely be implemented.

For a better comprehensibility partial sentences or sentence sections are taken out of http://de.wikipedia.org/wiki/Beamte.

Here is to be only tried to explain the outlines of this occupational group understandably.

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