Definition and Legal Basis of Length of Service
Das Length of Service is a legal term that is particularly relevant in the public sector, civil service law, and labor law. It describes the period a person has spent in a specific service or employment relationship without interruption. Length of service affects various legal provisions such as promotions, remuneration, pensions, dismissal protection, and claims arising from the employment relationship.
Clarification of Terms and Legal-Historical Development
Length of service serves as an important criterion for determining entitlements and benefits associated with longer affiliation to an employment relationship. It can also be described as years of experience or duration of employment and influences the amount of remuneration, vacation entitlements, or severance payments. Originally, length of service was mainly established in civil service law, but over time it increasingly entered statutory and collective agreement regulations for the entire public sector and, to some extent, the private sector.
Distinction from Similar Terms
Length of service must be distinguished from terms such as company affiliation, period of employment or period of service. Company affiliation refers to the actual duration with an employer, while the period of employment refers to time spent within a specific contractual relationship. Period of service can also include training periods or service with different employers, provided relevant legal provisions apply.
Length of Service in German Civil Service Law
Legal Significance
In German civil service law, length of service is a key criterion for various personnel measures. Until the reform of remuneration law in the 2010s, length of service was decisive for determining the basic salary of civil servants. Other regulated areas include:
- Promotion decisions: In cases of equal aptitude, qualifications, and professional performance, length of service can be decisive within the merit-based system.
- Seniority levels: Previously, length of service was decisive for advancement to seniority levels in remuneration.
- Pension law: Length of service can influence pension entitlements and the calculation of pension-eligible service periods.
Statutory Provisions
Length of service is included in various laws and ordinances governing public service, including:
- Federal Civil Servants Act (BBG)
- Civil Servant Status Act (BeamtStG)
- Federal Remuneration Act (BBesG) (in its old version)
- Civil Servants Pension Act (BeamtVG)
Determination of Length of Service
Length of service is typically calculated from the day of the first appointment for life or on probation. Periods of a previous civil service relationship can be credited accordingly, provided there have been no interruptions or periods of suspension. Special rules apply, for example, when switching between employers (keyword: employer capacity) or when taking into account periods spent raising children.
Length of Service in Labor Law
Application in Collective Agreements and Dismissal Protection
In labor law, especially according to collective agreements, length of service is also used as a regulatory criterion. Important application areas include, for example:
- Entitlement to anniversary bonuses
- Company supplementary benefits
- Calculation of notice periods (see § 622 para. 2 BGB): With increasing length of service, the statutory notice period for employees increases.
- Social selection in the context of redundancies for operational reasons (see § 1 para. 3 KSchG): Length of service is one of the social criteria to be considered.
Credit for previous periods of employment
According to individual contract, collective, or statutory regulations, previous periods of employment with the same employer, affiliated companies, or the public sector may also count when calculating length of service. Interruptions due to parental leave, military service, or voluntary social service are sometimes taken into account.
Length of Service and Remuneration
Development of Remuneration Systems
For a long time, length of service was decisive for determining remuneration-related seniority and the salary scale for civil servants. As part of the remuneration reform, the seniority principle was replaced by a performance-based step system (§ 27 Federal Remuneration Act, new version). However, acquired experience periods, which correlate with length of service, continue to play a role in the allocation of experience levels.
Federal Constitutional Court Jurisprudence
Remuneration based on length of service was declared partly unconstitutional by several judgments of the Federal Constitutional Court due to a violation of the prohibition of discrimination. The decisive factor was that the seniority regulation could lead to unequal treatment based on age. As a result, the salary tables were converted.
Length of Service and Social Security Law
In social security law, length of service plays a role especially for the amount of statutory pension entitlements and for the granting of occupational pension schemes. Certain minimum periods of service are required to be entitled to retirement, disability, or survivors’ benefits.
Length of Service in Other Legal Contexts
Disciplinary Law and Compensation
In disciplinary law, length of service may be considered as an aggravating or mitigating factor in disciplinary proceedings. It can also be relevant in damages cases, such as for unjustified transfers or dismissals, in determining compensation or severance.
Length of Service under Collective Agreements in the Public Sector (TVöD/TV-L)
In collective agreements, such as the collective agreement for the public sector (TVöD) or the collective agreement for the federal states (TV-L), pay groups and steps are explicitly tied to periods of experience rather than formal length of service. Nevertheless, length of service is often used synonymously for accumulated periods of experience.
Special Cases and Exceptions
Part-time, Interruptions, and Suspension Periods
Part-time work, leaves of absence, or suspension periods may be treated differently when calculating length of service. Credit is governed by the applicable legal or collectively agreed regulations. Vacation or sick leave are generally harmless, but longer periods of unpaid leave may interrupt the accrual of length of service.
Limitations of Creditable Service
Not all periods of service are recognized for length of service purposes. For example, periods as a temporary agency worker, intern, or work abroad without contractual ties to the employing company may be excluded. The creditability must always be checked according to the relevant regulations.
Conclusion
Length of service is an important legal concept in both public and private employment relationships. It serves as a benchmark for remuneration, collective agreement, and service law claims that are based on the duration of employment. The precise criteria for calculating and crediting length of service are complex and always depend on the relevant legal, collectively agreed, and contractual provisions. As a result of remuneration reforms and judicial decisions, the classic principle of seniority has lost significance in recent years but remains a key element in employment law, particularly for entitlements, social selection, and dismissal protection.
Frequently Asked Questions
Which legal provisions determine the calculation of length of service in the public sector?
Length of service in the public sector is primarily governed by the respective federal and state acts on civil servants as well as specific career regulations. Generally, length of service is determined by the time of the first appointment to a civil service relationship or entry into the corresponding employment relationship. In special cases, such as periods of compulsory military or community service, parental leave, or periods in other civil service or employment relationships, these periods may be partially or fully credited towards length of service under certain conditions. The legal basis for crediting can be found especially in the Civil Servant Status Act (BeamtStG) and the relevant career regulations. For employees in the public sector, equivalent rules are found in collective bargaining agreements, especially in the collective agreement for the public sector (TVöD) or in the relevant agreements for the federal states (TV-L). In addition, there are rules providing that interruptions of the employment relationship due to certain events (such as maternity leave or parental leave) are treated neutrally when calculating length of service.
How does length of service affect pension entitlements?
Length of service plays a central role in determining pension entitlements for civil servants. Under the civil service regulations—especially the Civil Servants Pension Act (BeamtVG)—the total period of the civil service relationship as well as certain prior service periods, provided these are recognized by law, are decisive for the amount of the eventual pension. The pension-related consideration of length of service and associated periods, however, is subject to numerous legal requirements and proof obligations. Recognition of prior service periods, for example, must be documented by an application and corresponding evidence (certificates, confirmations) and requires explicit acknowledgment by the relevant employing authority. The exact calculation is regulated in the Civil Servants Pension Act and supplementary administrative provisions.
Are interruptions in the employment relationship relevant for the calculation of length of service?
Interruptions in the employment relationship, such as maternity leave, parental leave, caregiving leave, periods of leave of absence without pay, or longer illnesses, must be assessed differently regarding length of service. According to civil service regulations, certain interruptions—particularly those due to statutory protection periods such as maternity leave and parental leave—are either fully credited when calculating length of service or are treated neutrally, meaning they neither decrease nor increase length of service. In contrast, other leaves of absence without pay are generally not credited, unless expressly stipulated in special legal provisions. The exact handling is regulated in the relevant civil service or collective bargaining law and the administrative guidelines issued thereunder.
What is the significance of length of service for promotions in civil service law?
In civil service law, length of service is an important factor in assessing eligibility for promotion and the order of promotion (“promotion seniority”). Legally, the waiting period or prescribed minimum period of service may be a prerequisite for a given promotion. The corresponding career regulations often specify a minimum duration that must be spent in a certain pay group before promotion is possible. In addition, a higher length of service can be considered as a criterion in selection decisions, provided this does not violate the principle of equal treatment or performance principle. The specific provisions are found in career ordinances as well as the Federal Civil Servants Act and corresponding state acts.
How is length of service treated in transfers between different public sector employers?
In the event of a transfer or change between different public sector employers—for instance, from a federal to a state authority or vice versa—length of service is to be calculated in accordance with the relevant statutory transfer provisions. Legal bases can be found, for example, in the Civil Servant Status Act and state-specific transfer laws. As a rule, previous service periods are fully credited to the length of service with the new employer, provided there is a seamless transition. However, delays or interruptions between employments may affect the recognition of length of service. Special importance attaches to whether the case involves a secondment, a transfer, or a so-called leave of absence to change employers, as different legal consequences arise for the calculation of length of service.
Can periods of employment outside the public sector be credited toward length of service?
Crediting periods of employment outside the public sector toward length of service is generally possible but strictly regulated by law. Under § 28 of the Civil Servant Status Act and corresponding supplementary provisions, periods of professional activity outside the public sector—particularly if they were equivalent to the tasks in public service—can be credited toward length of service if they were beneficial for subsequent duties in the public sector. However, this always requires an individual assessment. In collective bargaining law, such as under the TVöD or TV-L, periods of relevant professional experience can be recognized for level classification and thus for career development. The specific requirements are detailed in administrative regulations and career guidelines. The decision on crediting is made upon application and submission of appropriate evidence.
