Civil Service Law - horak Attorneys at Law, Germany
Civil and public services law represents complex and particularly complicated legal matters in the jurisprudence of administrative courts and labor courts. In this case please check the following topics:
- Justification and termination of the employment relationship;
- Business evaluation;
- Relocation, delegation, application;
- Disability for services
- Actions of competitors
- Part-time jobs
- Disciplinary procedure
- Classification matters and compensation matters (Salary/Supply)
- Personnel right to represent
- Social Payments and welfare benefits (Subsidies, Relocation expenses etc.)
Public Services Law
Civil service law, together with public service law, represents the special labor laws regarding the public service. Regulatory and administrative features are always changing and developing.
Previously, for example, since the founding of the Federal Republic of Germany, the Confederation had the power to legislate for the salary and career rights of civil servants, however, nowadays, this competence concerned the (German “Länder”) federal state.
The principle of alimentation means that the employer grants the official an appropriate salary. In return, the official guarantee lifelong fidelity to the employer. For workers and public employees in the public service, the salary is not regulated by wage agreements but by the employer. Besides the basic salary, there are a variety of surcharges. In this case is really easy to come up with incorrect assessment.
Competition´s complains/ Legal actions of competitors
Judicial disputes in civil service law regard often competition complains. An official can defend himself against the promotion of a competitor, even if he has applied for this position, just like him. In the case of civil servants, it is not the labor court, but the administrative court that take care of relating issues. The Administrative Court shall examine the selection and recruitment procedure.
In accordance with Article 33 para. 2 Basic Law, recruitment or promotion in the public service must be carried out exclusively according to the suitability, merit, competence and qualification of an applicant. Since such proceedings may prolonged for a long period of time, an interim injunction before the administrative court must be taken to ensure that the position cannot be temporarily filled with the competitor, and that the appointment certificate has not been handed over to him.
The employment assessment is the most important criterion for recruitment and promotion in the public sector. Other factors such as years of service are only second-order elements. Due to the great importance of the business assessment, you should promptly let examine your negative assessments.
An official who is guilty of an offense or a crime shall be subject to penal consequences or to disciplinary sanctions -such as criminal offences or financial penalties-. In this case, the employer can, at worst, take distance from the employment relationship. It is therefore particularly important that an attorney is involved since the beginning of the investigation procedure and that he is familiar with the legal consequences of the law.