Assignment of civil servants
Die Assignment of civil servants is a term from German civil service law that is particularly relevant in connection with the temporary transfer of duties outside a civil servant’s home agency. It represents one of the instruments by which the public sector can respond flexibly to organizational and personnel requirements. Regulations regarding assignment can be found in both the Civil Servants Status Act (BeamtStG) and the federal and state civil servant laws.
Legal bases of the assignment of civil servants
Definition of the term
Assignment is the temporary transfer of duties to another office or outside the public administration without interrupting or ending the civil service relationship. It differs significantly from secondment, transfer, or reassignment in that, during the assignment, the civil servant’s original employment relationship with the previous employer remains intact.
Normative Foundations
- Section 29 BeamtStG (Assignment): The Civil Servants Status Act contains the basic regulations governing assignment and gives the employer the option to assign a civil servant to work at another authority or an institution outside the public sector.
- Section 123a BBG (Federal Civil Servants Act) and corresponding state regulations define the requirements and procedures for assignment specifically for federal and state civil servants.
Requirements and procedure for assignment
Requirements for assignment
Assignment is subject to certain formal and substantive requirements:
- Necessity in the interests of the service: Assignment is only permissible if it is in the interest of the service. The individual wishes of the civil servant alone are not sufficient grounds.
- Time limitation: Assignments are generally for a limited period. However, they can be extended or, in exceptional cases, can last for longer periods if this is properly justified.
- Retention of status: During the assignment, the civil service relationship with the original employer remains intact. The status and civil service rights and obligations remain fundamentally unaffected.
Rights of participation and codetermination
Prior to an assignment, personnel council participation rights as well as, where applicable, the participation of the representative body for severely disabled employees must be observed. Particularly in cases where the civil servant is assigned to a private institution, a prior hearing and written statement of assignment are required.
Assignment procedure
- Hearing: The affected civil servant must generally be heard before a decision is made.
- Written form: The assignment must be issued and justified in writing.
- Notification: The basis for the assignment and its duration must be communicated in writing to the civil servant.
Forms of assignment
Assignment may take different forms, depending on the purpose and duration:
Assignment within public administration
In this case, the civil servant is assigned to another authority or office of the same or another employer for the performance of duties. The civil servant usually works under the responsibility of the host authority but remains an employee of their original authority.
Assignment outside public administration
According to civil service law, assignment to a non-governmental institution, such as a private company with public participation, is also possible. In such cases, particular attention must be paid to compliance with the principles of civil service law and to the continued observance of the duty of care.
Distinction from other personnel measures
For clear legal classification, it is necessary to distinguish assignment from Secondment, Transfer und Reassignment as follows:
- Secondment: Temporary performance of official duties at another office without changing the employer; the post may change, but the civil service relationship basically remains unchanged.
- Transfer: Permanent transfer of the civil servant to another office, which may involve a final change of employer.
- Reassignment: Change within the same office, for example, a change in the field of duties, without a change of authority or place of work.
In the case of assignment, especially for deployments outside the authority, there is often a de facto assignment of duties while maintaining the legal ties of the civil servant.
Legal consequences and effects of assignment
Rights and obligations during assignment
During assignment, the essential civil service status rights and obligations generally remain unaffected:
- Remuneration and benefits: These continue to be provided by the original employer.
- Continued duty of care and official duties: The original employer remains obligated to fulfill their duty of care under civil service law.
- Responsibility under disciplinary law: In general, responsibility for disciplinary matters remains with the assigning employer.
Consequences for the civil servant
The civil servant is obligated to comply with the assignment, provided that their status rights are not significantly impaired. If the assignment is considered unreasonable, legal remedies are available, such as filing an objection or, if necessary, seeking judicial review in the administrative courts.
Social security law aspects
In the context of assignment outside the public sector, there may be overlap with social security law provisions. Particular attention must be paid to the classification of the activity and to coverage in the event of illness or accident.
Special features and typical applications
Organizational changes and transitions
Assignment is particularly important during administrative restructuring, outsourcing, or the transfer of individual functional areas to private-law entities, in order to enable a smooth transition while preserving civil servants’ rights.
Modernization measures
In the course of modernization and change processes, the administration uses the instrument of assignment, among other things, for the temporary deployment of civil servants in projects outside their parent administration.
Legal remedies in disputes concerning assignment
Objection and legal action
A civil servant may initially contest an assignment out of court by lodging an objection. If the objection is unsuccessful, legal action for annulment may be filed with the administrative courts.
Interim legal protection
In urgent cases, interim relief can be claimed to suspend the implementation of an imminent assignment while the main proceedings are still ongoing.
Summary
Die Assignment of civil servants is a multifaceted instrument under civil service law for the temporary transfer of official duties while retaining the original employment relationship. It is subject to strict statutory requirements, the observance of participation, hearing and codetermination rights, and may not impair the status rights of those concerned. The practice of assignment is an essential element in the organization and flexibilization of the public sector and is gaining increasing significance, especially in the context of administrative reforms, organizational changes and modernization initiatives. Legal remedies in case of disputes ensure that the rights of affected civil servants are protected within the framework of their civil service status.
Frequently Asked Questions
What legal bases regulate the assignment of civil servants?
The assignment of civil servants is governed under German civil service law primarily in the Civil Servants Status Act (BeamtStG) and, in addition, by the relevant state civil servant laws or – for federal civil servants – the Federal Civil Servants Act (BBG). In addition, the applicable administrative regulations and, where necessary, the provisions of personnel representation law apply. Assignment represents a temporary, instruction-bound activity at another employer or another, usually public-law, institution. It is defined in detail in Section 27 BeamtStG and Section 29 BBG, and generally comes into consideration when official reasons are present, such as to cover a particular personnel requirement, implement organizational changes, or promote cooperation between different public bodies. As a legal requirement, there must usually be a public service interest, protection of the status rights and obligations of the civil servant, and a formally correct order by the competent authority. Assignment must always be distinguished from a secondment or transfer as defined by the civil service regulations.
What participation and co-determination rights exist regarding the assignment of civil servants?
According to personnel representation law, in particular the Federal Personnel Representation Act (BPersVG) and the relevant state laws, the assignment of civil servants regularly requires codetermination. Usually, the personnel council, or the locally responsible personnel council, must approve the measure before it may be implemented. The individual and collective interests of the affected employees must be safeguarded and it must be checked whether the requirements for assignment are met. In certain cases, a hearing or participation of the civil servant himself/herself is also provided for, especially within the scope of the right to be heard. Additionally, under certain circumstances, gender equality officers and representatives for severely disabled employees may have to be involved. A lack of or faulty participation may call the legality of the assignment decision into question.
Which rights and obligations of the civil servant are maintained during the assignment?
In the case of an assignment, the status office, i.e., the abstract-functional office as well as the remuneration and the essential status rights and obligations of the civil servant, are retained. The civil servant remains in the employment of the original employer and continues to be subject to its disciplinary authority, even if actual work is being performed temporarily for another authority or institution. Assignees retain their entitlements from the employment relationship – such as pay, benefits and other performance rights – while instructions regarding official duties during the assignment are usually issued by the receiving department. Assignment may not lead to a deterioration of the civil servant’s previous legal position; any disadvantage is legally inadmissible. Nevertheless, the civil servant must be integrated into the organizational structure of the receiving institution and fulfill the duties assigned to him or her according to statutory requirements.
What are the differences between assignment, secondment and transfer?
In legal terms, assignment differs significantly from both secondment and transfer. While in assignment the civil servant is merely carrying out their duties temporarily at another institution or office, the fundamental relationship under civil service law remains unchanged with the previous employer. Secondment, in contrast, is the temporary transfer of duties at another office of the same or a different employer, and again rights and obligations generally remain with the previous employer. Transfer, however, means a permanent change of home authority or employer, and thus a fundamental change of employment relationship. Another important legal distinction is that for assignment—especially if it is to a non-public institution—the explicit consent of the civil servant is required, whereas in transfer and secondment, within the scope of the employer’s managerial authority, such consent is often not necessary. There are also partly different participation rights and periods of notice.
Under what conditions can an assignment be ordered?
An assignment can only be lawfully ordered if there are official reasons that justify the need for assignment. These may include particular personnel requirements, organizational changes, time-limited project work, or cooperation between various public bodies. It is crucial that the official interest is clearly and comprehensibly set out, as assignment represents a significant intervention in the professional routines and personal rights of the civil servant. The decision is generally at the discretion of the employer, but must comply with the principle of proportionality and the duty of care owed to the civil servant. There are also statutory time limits for the duration of the assignment (for example, a maximum of five years), although an extension may be possible with the consent of the civil servant.
What legal remedies does the civil servant have against an assignment order?
A civil servant has the right to have the lawfulness of an assignment order reviewed by an administrative court. The order of assignment itself constitutes an administrative act within the meaning of the Administrative Procedure Act (VwVfG) and is therefore subject to objection and, after its rejection, to an action for annulment before the administrative court. In urgent matters, an application may also be filed for an interim order to suspend the effect of the assignment under Section 80(5) of the Administrative Court Rules (VwGO), provided it has not already been declared immediately enforceable. In judicial review, the existence of legal requirements, observance of participation rights, and the exercise of discretion—especially the principles of proportionality and equal treatment—are examined comprehensively. In cases of procedural errors or abuse of discretion, the measure may be set aside.
