Federal Salary Act: Definition, Significance, and Legal Foundations
Das Federal Salary Act (BBesG) is the central law governing the remuneration of federal civil servants, federal judges, soldiers, and trainees in the federal public service in Germany. In addition to defining salary levels, it also regulates allowances, bonuses, as well as further salary-related aspects and constitutes an essential part of public service law. Due to its comprehensive regulations, the BBesG holds great significance for numerous employees in the federal public sector.
Legal Foundations and Purpose of the Act
Origin and Scope
The Federal Salary Act was first enacted on August 6, 1957 and has been continuously developed since then. It applies to civil servants, judges, and soldiers in federal service, while, following the federalism reform of 2006, the respective state salary acts now govern the remuneration of state civil servants.
Purpose of the Act
The goal of the Federal Salary Act is to create a transparent, comprehensible, and performance-oriented salary system. The remuneration should be commensurate with the significance of the office, the requirements of the service, and the responsibility of the respective position. Additionally, it must ensure a competitive level to secure the attractiveness of public service.
Structure and Organization of the Federal Salary Act
Section-wise Structure
The BBesG is divided into numerous sections, systematically structuring its areas of regulation:
- General Provisions (Sections 1–9 BBesG)
- Salary Schedules (Sections 10–24 BBesG)
- Provisions on Individual Salary Components (Sections 25–54 BBesG)
- Other Provisions (Sections 55–70 BBesG)
- Transitional and Final Provisions (Sections 71–81 BBesG)
Salary Schedules
The Act distinguishes between various salary schedules, particularly
- Salary Schedule A (for basic to upper service ranks),
- Salary Schedule B (for managerial positions),
- Salary Schedule R (for judges and public prosecutors) and
- Salary Schedule W (for university professors).
These salary schedules each regulate specific career paths and functions in public service.
Salary Components and Regulatory Content
Basic Salary
The basic salary depends on the assigned salary group and length of service. The amount is set by specified rates in the federal salary regulations.
Allowances, Bonuses, and Special Payments
In addition to the basic salary, there are numerous allowances and bonuses. These include, for example:
- Office allowances
- Family allowances
- Position allowances for special functions
- Hardship allowances
- Performance bonuses and merit allowances
Special payments
The Act also regulates Special payments, such as the Christmas bonus (special grant). Regulations regarding special payments have been amended multiple times, most recently as part of federal austerity measures.
Further Regulatory Content
The BBesG contains regulations on partial retirement, trainee remuneration, retirement pay and provisions on adjustment of salaries in line with general salary developments. Provisions for recognizing prior service and for remuneration in cases of part-time employment are also included.
Federalism Reform and Its Consequences
Since the entry into force of Federalism Reform I in 2006, legislative authority for remuneration largely rests with the federal states. Since then, the Federal Salary Act no longer applies to state civil servants, state judges, or state trainees; state salary acts have replaced it, while the BBesG applies exclusively to federal employees.
Application and Practical Relevance
Scope
The Federal Salary Act affects all civil servants, judges, soldiers, and trainees in federal service, as well as their family members regarding salary-based benefits (e.g., survivor’s pensions).
Significance for the Judiciary
The judiciary, especially the Federal Administrative Court, has repeatedly reviewed and supplemented the BBesG with regard to the appropriateness of remuneration, such as in the context of the state’s duty of support or principles of equal treatment.
Amendments and Reforms
The Federal Salary Act is subject to regular amendments and adjustments, for example to implement collective bargaining developments, for inflation compensation, or to modernize the civil servant remuneration system. Most recently, the Act was amended in response to digitization, new demands on the public sector, and societal changes (such as gender equality and family friendliness).
Conclusion
The Federal Salary Act is the central regulatory framework for the remuneration of federal employees in Germany. It ensures a systematic, transparent, and performance-based compensation system in the federal public service, thereby guaranteeing the functionality of government institutions. The continuous adaptation of the law ensures that salaries remain aligned with societal, economic, and social requirements.
Further Information
- Federal Salary Act (BBesG) – Current Version
- Federal Ministry of the Interior and Community – Information on Remuneration
This article offers a detailed overview of the term Federal Salary Act and examines its legal background, structure, and practical application – an indispensable reference in the legal glossary on the subject of remuneration in the German federal service.
Frequently Asked Questions
How is classification into a salary group determined under the Federal Salary Act?
The classification of civil servants, judges, and soldiers into a particular salary group is determined by the applicable career regulations and by the office these persons hold. The key provision here is Section 13 of the Federal Salary Act (BBesG), which sets out the assignment of offices to salary schedules (A, B, R, W) and the relevant salary groups. The service authority assesses, based on the given status office—i.e., the actually assigned role with effects under civil service law—which salary group applies. Special rules exist for offices with managerial functions, which are assigned based on specific office lists of the salary schedules. Changes in assignment can arise from promotions or structural changes in administration. The salary groups are based on the requirements and scope of responsibility of the respective position; for special employment relationships (e.g., professors, public prosecutors, officers), there are additional special regulations allowing for differing classification.
What does the family allowance regulate in the Federal Salary Act and how is it calculated?
The family allowance is an additional benefit paid pursuant to Sections 39 et seq. BBesG to take into account special family burdens. Entitled individuals are civil servants, judges, and soldiers whose personal circumstances—such as marriage or the presence of children—justify an increased need. The family allowance is calculated on a tiered basis: in principle, civil servants and life partners who are married are paid a level 1 allowance; for each eligible child, the allowance increases by further levels. In cases of separation or certain maintenance payments, reductions or exclusions may apply. Special cases (e.g., single parents or death of the dependent partner) are also regulated by law. The amount of the family allowance is determined annually by federal law and adjusted accordingly.
What regulations on special payments and allowances exist under the Federal Salary Act?
Special payments and allowances are governed by the BBesG in various provisions, particularly in Sections 42 to 47. These payments are related to hardships, special duties, or specific qualifications. This includes, for example, work performed at unfavorable times (shift and rotating shift allowances), office allowances, and position allowances for designated functions. Allowances for specific professional groups (e.g., police, fire service) or for working at unfavorable times are also provided for. Eligibility requirements, amount, and duration of payment are defined in the Act or in special regulations and may differ based on regional distinctions or job characteristics. As a general rule, these payments do not count towards pension entitlements unless expressly regulated by law.
How are civil service remuneration and collective bargaining law to be distinguished?
The Federal Salary Act exclusively governs the remuneration of federal employees under public law (civil servants, judges, soldiers), while collective bargaining law applies to employees and workers in public service, such as under the collective agreement for the public service (TVöD). The distinction is based on the different statuses of employees. Civil servants and judges hold a special public service and loyalty relationship with the state, necessitating independent and legally regulated remuneration. In contrast, employees enter into employment contracts with their employer and are subject to collectively negotiated agreements. Thus, financial compensation, as well as the development and adaptation of pay, occur within separate systems that have no legal effect on each other.
What legal remedies are available to civil servants against salary notices?
Civil servants, judges, and soldiers can file an objection against salary notices—that is, individual administrative decisions regarding the amount and composition of remuneration—according to the general rules of administrative law (§ 83 BBG in conjunction with the administrative procedure laws). The objection must be submitted in writing to the competent authority within one month of notification of the notice. If the objection is unsuccessful, legal action may be taken before the responsible administrative court. Both procedural questions (procedural law) and substantive issues (legality of the salary amount, consideration of allowances or family supplements) are subject to review. In disputes regarding the application of the Federal Salary Act, the rulings of the administrative courts as well as the specialist courts (Federal Administrative Court, Federal Constitutional Court) are of special importance.
How does the annual adjustment of remuneration take place under the Federal Salary Act?
The adjustment of salary rates is typically made by legislators through so-called Salary Adjustment Acts. The basis is generally the recommendations of the Civil Service Salary Commission as well as economic developments (e.g., inflation rate, wage settlements for public sector employees). The federal legislator is obliged, under the requirements of the Basic Law (in particular the duty of adequate support, Art. 33 para. 5 GG), to ensure an appropriate remuneration that secures the livelihood of civil servants and their families and reflects the general economic conditions. The new salary tables are published in the Federal Law Gazette and come into force on specified dates.
What provisions exist regarding the reduction or withholding of benefits under the Federal Salary Act?
The BBesG covers various circumstances in which reduction or withholding of benefits is permissible or even required. Under Section 12 BBesG, benefits may be withheld in full or in part especially in cases of culpable breach of duty, unauthorized absence from work, or during a period of preliminary suspension from duties. Special rules also exist in the case of disciplinary action or for the enforcement of repayment of wrongly paid salaries. The principles of proportionality and the right to be heard must always be observed. Interventions in the duty of support may not be arbitrary or without legal basis; furthermore, the basic social minimum must be maintained, so that civil service benefits may generally only be reduced to the level of the garnishment exemption.
