Dismissal of civil servants – Legal basis and procedures
Die Dismissal of civil servants is an important concept in civil service law and refers to the termination of the civil servant status by a sovereign administrative act. This process is fundamentally different from dismissal under labor law and is regulated in detail under German law. The regulations on dismissal of civil servants are found in the Civil Servant Status Act (BeamtStG), the Federal Civil Servants Act (BBG), as well as the respective state civil servant laws.
Concept and legal significance of dismissal
Dismissal is closely related to the termination of the civil service relationship. According to § 21 BeamtStG, it is one of several possible grounds for termination and results in the complete extinction of all rights and duties arising from the civil service relationship. Upon dismissal, the civil servant loses his or her status, together with all associated claims, in particular to salary and pension, subject to legally regulated exceptions.
Types of dismissal
1. Dismissal upon own request
Probationary civil servants and civil servants on revocation have the right to be dismissed from the civil service relationship at any time (§ 23 para. 1 No. 1 BeamtStG). The application must be made in writing and does not require special justification. The dismissal becomes effective at the time it is requested, but no later than two weeks after receipt of the application, unless an earlier date is specified.
2. Dismissal by operation of law
A civil service relationship ends by operation of law, without the need for a special act of dismissal, in the following cases:
- Loss of civil servant rights: Through a criminal conviction resulting in a prison sentence of at least one year (§ 24 BeamtStG).
- Lack of appointment or withdrawal/revocation of appointment: If an appointment is declared void, unlawful or otherwise revoked, the person concerned is deemed never to have become a civil servant (§ 13 BeamtStG).
- Expiry of term of office: For fixed-term civil servants, upon expiration of the specified term of office (§ 30 BeamtStG).
3. Dismissal for official reasons
Probationary civil servants may, according to § 23 para. 3 BeamtStG, be dismissed for official reasons, in particular in the case of lack of suitability, failure to prove themselves, or lack of health fitness. For civil servants on revocation, dismissal is possible at any time for official reasons.
4. Dismissal due to retirement
Upon retirement, whether due to reaching the statutory age limit, incapacity for service, or early retirement, the active civil service relationship ends. The change of status takes effect by administrative act, which constitutes both the dismissal as an active civil servant and entry into retirement.
Requirements and procedure for dismissal
Formal requirements
The dismissal order must be made in writing (§ 28 BeamtStG). It must be communicated to the civil servant and include information on legal remedies. The dismissal becomes effective upon delivery of the administrative act unless a later date is specified.
Hearing and involvement of staff representation
Before a dismissal is intended, the civil servant must be heard. In certain constellations, for example in the case of persons with severe disabilities, the consent of the integration office must also be obtained (§ 178 SGB IX). The relevant staff representation must be involved in accordance with the applicable state and federal staff representation laws.
Legal remedies
The affected civil servant may lodge an objection against a dismissal order and, in further proceedings, file an administrative court action (§ 54 BeamtStG in conjunction with VwGO). In principle, objection and legal action have suspensive effect, unless immediate enforcement is ordered.
Consequences of dismissal
Loss of civil servant status
Dismissal leads to the complete loss of rights and duties arising from the civil service relationship. In particular, the claims to salary and pension lapse, unless the civil servant becomes a pension recipient (e.g., upon retirement).
Subsequent insurance in statutory pension insurance
Civil servants who are dismissed before reaching pension entitlement are compulsorily insured (§ 8 para. 2 SGB VI). The subsequent insurance is carried out by the last employing authority.
Dismissal and pension
Only civil servants on lifetime appointment or for a fixed term who are retired acquire pension entitlements. In the event of dismissal for other reasons, there are generally no pension entitlements, except for transitional benefits or pension adjustment in particularly exceptional cases.
Distinction from removal from civil service
Die Dismissal is to be distinguished from removal from the civil service in disciplinary proceedings (§ 13 BeamtStG). While dismissal often occurs as a result of lack of suitability, upon request, or on the basis of statutory provisions, removal from service is a disciplinary measure in cases of serious misconduct.
Special features regarding various civil servant status groups
Probationary civil servants
For probationary civil servants, lack of suitability, qualification or professional performance may constitute grounds for dismissal. The dismissal must be delivered and, if necessary, be accompanied by a transitional period (§ 34 BLV).
Civil servants on revocation
Interns and trainee lawyers (civil servants on revocation) may be dismissed at any time and without stating reasons. The dismissal is informal but must be confirmed in writing (§ 39 BLV).
Civil servants for life
Dismissal is only possible here in narrowly defined exceptional cases, for example after own application or in the case of loss of German citizenship (§ 52 BeamtStG).
Overview of statutory regulations
Essential legal foundations for the dismissal of civil servants are:
- Civil Servant Status Act (BeamtStG)
- Federal Civil Servants Act (BBG)
- State Civil Servant Laws (LBG)
- Federal Career Regulation (BLV)
- General Administrative Procedure Act (VwVfG)
- Administrative Court Code (VwGO)
- Social Security Code VI (SGB VI), especially on compulsory insurance
Summary
Die Dismissal of civil servants is a central element of civil service law and subject to detailed statutory requirements. It concerns various status groups and can occur for different reasons, upon application, by operation of law, or for official reasons. The procedure is formalized, includes hearing rights, participation requirements, and possible legal remedies. Dismissal is legally fundamentally different from removal in disciplinary proceedings and has significant effects on status, pension rights, and subsequent insurance for the person concerned.
Frequently asked questions
Under what conditions can a civil servant be dismissed?
The dismissal of a civil servant requires, according to the relevant civil service regulations (e.g., § 23 BeamtStG for state civil servants or § 33 BBG for federal civil servants), certain requirements. Dismissal is particularly considered for probationary or revocable civil servants, for example in the case of lack of performance, medical unsuitability, or loss of the statutory conditions for appointment. For civil servants for life, dismissal is generally only possible if special conditions are met, for example in the case of loss of citizenship, refusal to take the oath, application for dismissal, or reaching the age limit. In cases of serious misconduct, removal from office can only occur through disciplinary proceedings. The dismissal must be justified by a written order and generally only becomes effective upon receipt of the written dismissal order. In some cases, hearing obligations must be observed, especially in the case of persons with severe disabilities or those with equivalent status according to SGB IX.
What are the legal consequences of the dismissal of a civil servant?
Upon dismissal, the civil servant loses all rights and duties arising from his or her civil service relationship. This includes in particular the right to salary and pensions as well as official duties towards the employer. In the case of dismissal from probationary or revocable civil servant status, there are generally no pension entitlements; instead, there is a claim to subsequent insurance in the statutory pension insurance under the conditions of § 8 BeamtVG. If dismissal occurs by disciplinary judgement, any claim to civil service pension is generally forfeited (§ 24 BeamtVG). In addition, the dismissal may result in a blocking period for unemployment benefit pursuant to § 159 SGB III if the dismissal is based on own request or own fault.
Is there a right to a hearing in the case of dismissal of a civil servant?
A hearing is expressly provided for in civil service law in several places. Before dismissal, the civil servant must generally be heard (§ 28 VwVfG) in order to give him or her the opportunity to comment. If the civil servant is severely disabled or regarded as such, the consent of the integration office must additionally be obtained (§ 168 SGB IX). For members of the staff council, youth and trainee representatives or representatives for persons with disabilities, special dismissal protection applies; the respective body must be heard or its consent obtained (cf. § 108 BPersVG, § 178 SGB IX). The omission of the hearing may render the dismissal unlawful in the event of a dispute.
Are there deadlines to be observed when dismissing a civil servant?
For certain forms of dismissal, especially for probationary or revocable civil servants, statutory deadlines must be observed. According to § 23 para. 4 BeamtStG or § 35 BBG, the notice period is generally two weeks. In particular circumstances (e.g. dismissal for unsuitability or loss of conditions for appointment), differing notice periods may apply. The period generally begins upon receipt of the dismissal order by the civil servant. In cases of retirement for health reasons, special procedural regulations apply, such as longer participation periods and medical examinations.
What legal remedies are available to the civil servant against a dismissal?
The affected civil servant may lodge an objection to the dismissal order within one month of notification (§ 126 BeamtStG for state civil servants, § 54 BBG for federal civil servants in conjunction with VwGO). In the event of rejection of the objection by the authority, the civil servant may file an action before the administrative court. Legal protection includes reviewing the formal and substantive legality of the dismissal, including compliance with procedure such as hearings and participation of committees. In disciplinary proceedings involving removal from service, appeals to the administrative courts are possible, as well as the possibility of appeal and revision.
How does dismissal affect civil servant pensions?
The dismissal of a civil servant for life is fundamentally different from removal from office in disciplinary proceedings. In the case of regular dismissal upon application or due to the loss of requirements, pension entitlements acquired up to that point remain; under certain conditions the civil servant may receive a retirement pension. In the case of dismissal of probationary or revocable civil servants, subsequent insurance in the statutory pension insurance takes place. If the civil servant is removed from office through disciplinary proceedings, he or she generally loses all pension entitlements (§ 24 BeamtVG). In rare hardship cases, a discretionary pension may be granted.
How are the dismissals of probationary and revocable civil servants regulated?
For probationary civil servants, civil service law (§ 23 BeamtStG, § 34 BBG) provides that dismissal for important reason is possible, in particular if the civil servant is found unsuitable, fails to prove himself during the probationary period, is found to be medically unfit, or the statutory requirements for appointment lapse. A notice period of at least two weeks must be observed. Dismissal of civil servants on revocation may occur at any time without giving special reasons, but also subject to statutory deadlines. In both cases, a written dismissal order is required, which must be delivered to the civil servant. These civil servants also have access to legal recourse in the administrative courts against the dismissal.
