Definition and legal basis of civil servant remuneration
Die Civil servant remuneration refers to all monetary and in-kind benefits that a civil servant receives regularly from the employer as compensation for services rendered. This remuneration is strictly regulated by law and constitutes one of the central legal concepts in civil service law. Its structure and composition differ significantly from other public-law employment relationships, such as the collective bargaining law for salaried employees and workers in the public service.
Legal basis
The remuneration of federal civil servants is primarily governed by the Federal Remuneration Act (BBesG) . For the civil servants of the federal states, the respective State Remuneration Actsapply, as the federalism reform has transferred extensive legislative competence to the states. The remuneration is based on the principles of the alimentation principle pursuant to Article 33 paragraph 5 of the Basic Law as well as the principle of equal treatment.
Alimentation principle
The alimentation principle obligates the employer to provide civil servants with a salary that is appropriate for their office and sufficient for their economic and social needs. This duty of care not only safeguards the material independence of civil servants but also serves as the basis for the determination and adjustment of remuneration.
Components of remuneration
Remuneration is made up of several components, each subject to different regulations and requirements.
Base salary
The base salary is the main component of remuneration. It depends on the remuneration group and the experience level into which the civil servant is classified according to qualification and work experience. The remuneration groups are set forth in pay scales A, B, R, and W, ranging from lower groups for basic service to higher groups for higher service and special functions.
Family allowances
Family allowances are granted to civil servants who are married or have dependents such as children. The amount of these allowances depends on the number and status of persons entitled to support.
Position and function allowances
In addition to the base salary, position and function allowances may be granted. Position allowances are regular, pensionable supplements for civil servants holding certain leading or particularly demanding roles. Function allowances, on the other hand, are supplements for performing temporary, particularly burdensome or hazardous tasks.
Special payments
Special payments, such as Christmas bonus (formerly called “Weihnachtszuwendung”) and in some federal states, vacation bonuses, are paid as additional remuneration on certain occasions. The amount and entitlement to special payments vary between the federal government and the states.
Pay scales and salary groups
Pay Scale A
Pay Scale A covers the base salary for civil servants in the basic, intermediate, upper, and higher service (A2 to A16). It is divided into individual salary groups, each of which provides different base salaries and experience levels.
Pay Scale B
Pay Scale B governs the salaries of civil servants in distinguished leadership positions, such as heads of authorities or top political offices. Remuneration here is paid as a fixed salary without incremental increases.
Pay Scale R
This pay scale applies to judges and public prosecutors, and has separate salary groups (R1 to R10).
Pay Scale W
Pay Scale W was established for professors at universities and is divided into W1, W2, and W3. It features various base salary levels as well as performance-related bonuses.
Adjustment and development of remuneration
Civil servant remuneration is regularly reviewed and adjusted. Adjustment commonly occurs through remuneration adjustment acts, which take into account the current budgetary situation, economic development, and general income trends. The legal obligation to provide appropriate alimentation is the basis for adjustment.
Remuneration in special circumstances
Part-time work and leave of absence
For part-time employment, remuneration is reduced proportionally. During periods of leave without pay (e.g., in the case of special leave or parental leave), remuneration is suspended.
Allowances and in-kind benefits
In addition to remuneration, civil servants are entitled to allowances in the event of illness, childbirth, or the death of a spouse or child, which cover a portion of the expenses incurred. Furthermore, in-kind benefits (such as service accommodation or a company car) may be provided in part, although these may be taxable as a non-cash benefit.
Tax and social insurance treatment
Remuneration is subject to income tax but is exempt from social insurance contributions, as civil servants are not generally required to participate in statutory social insurance systems. Exceptions exist in the case of voluntary insurance or special arrangements, such as survivor benefits.
Retired civil servants and continued payment of remuneration
Upon retirement or in the event of incapacity for work, active remuneration is replaced by pension benefits, known as retirement pay. The amount of retirement pay is based on the pensionable remuneration and the pensionable service period in accordance with the provisions of the Civil Servant Pensions Act (BeamtVG).
Remuneration entitlements and procedures
Accrual and due date of remuneration
The claim to remuneration arises with the establishment of the civil service relationship and is generally paid monthly in advance (§ 3 BBesG).
Legal protection in remuneration matters
Civil servants may assert their claims to appropriate remuneration by means of applications, objections, and, if necessary, by lodging a complaint before the administrative courts. Where fundamental constitutional issues are at stake, such as the compatibility of remuneration with the alimentation principle, the Federal Constitutional Court makes the final decision.
Differences between federal government and states
With the entry into force of the 2006 federalism reform, the federal states have become largely responsible for regulating remuneration for their civil servants. As a result, there are differences in the level of remuneration and specific components depending on the federal state.
International comparison
The remuneration system for civil servants in Germany differs significantly from that of other countries, particularly due to the alimentation principle and the high level of security provided by civil servant status. In other countries, public service employment is often governed by contractual or employment law provisions without such an extensive system of alimentation as in Germany.
Literature and further links
- Federal Remuneration Act (BBesG)
- Civil Servant Pensions Act (BeamtVG)
- Information portals of the state public administration
- Federal Ministry of the Interior (BMI): Information on civil servant remuneration
Civil servant remuneration remains a dynamic legal field whose developments are largely shaped by legislators, the judiciary, and societal changes. It is a fundamental component of the functionality of a rule-of-law-based public service.
Frequently asked questions
When does a civil servant become entitled to remuneration?
The entitlement to remuneration generally arises upon appointment as a civil servant and the resulting establishment of the civil service relationship. This entitlement is legally regulated in the respective remuneration statutes (e.g., Federal Remuneration Act, State Remuneration Acts). Salary payments generally begin on the day the civil service relationship becomes effective. The decisive date is that specified in the letter of appointment. In the case of retroactive appointment, entitlement to remuneration only arises upon actual assumption of office unless statutory provisions expressly stipulate otherwise. The entitlement to remuneration continues throughout the civil service relationship and ends upon its termination, although any further claims for, for example, leave compensation, back payments, or pension payments depend on other legal provisions.
What components does remuneration include from a legal perspective?
According to the remuneration statutes, remuneration consists of various elements: base salary, family allowance, position and function allowances, as well as other allowances, benefits, bonuses, and payments for foreign service. The base salary is set by law or tariff and is determined by the remuneration group and the level corresponding to the civil servant’s position. Family allowances are granted, among other things, based on marital status and the number of eligible children. Position and function allowances are paid for special roles and burdens. In addition, further statutory special payments such as Christmas bonuses, performance bonuses, or other one-time payments may be granted. All components of remuneration are comprehensively regulated by law; independent or unofficial payments are legally excluded.
How is remuneration calculated in the case of part-time employment?
Remuneration for part-time work is calculated proportionally to the established working hours. The legal basis for this is § 6 of the Federal Remuneration Act or the corresponding provisions of the State Remuneration Acts. Part-time civil servants generally receive a pro rata share of the base salary, allowances, bonuses, and special payments in proportion to the ratio of standard to reduced working hours. Exceptions may apply to specific allowances and grants when paid as lump sums or when the remuneration law provides otherwise. However, the family allowance is paid in full even for part-time employment, unless otherwise stipulated by law.
What happens to the entitlement to remuneration in the event of illness?
In the event of illness, civil servants generally retain their full entitlement to remuneration. According to § 19 para. 1 BBesG and corresponding state regulations, there remains an uninterrupted claim to salary for the duration of incapacity for work due to illness, provided there is no culpability. This applies to both the base salary and all regularly paid allowances. If the illness is long-term and permanent incapacity for service is expected, the civil servant is placed into retirement. This is to be distinguished from any potential reductions in special payments or the elimination of specific allowances for which the actual performance of duties is a prerequisite. Furthermore, the continued payment of remuneration during illness is subject to specific reporting and documentation requirements.
How is remuneration regulated in the case of secondment or transfer?
In the event of secondment or transfer, remuneration generally remains unchanged, provided the civil servant remains in the same status group. According to the relevant civil service regulations (§ 27 BBesG, corresponding state regulations), there is no reduction in base salary or other pay, provided the new position does not involve a lower pay group or another remuneration entitlement is expressly stipulated. Only role-specific allowances tied to a particular post may cease or be replaced by allowances for the new position. If the secondment or transfer results in a position rated at a higher level, an entitlement to a corresponding special allowance or higher, position-appropriate pay may arise.
Which legal bases are decisive for determining and adjusting remuneration?
The determination and adjustment of remuneration is governed exclusively by the applicable remuneration acts of the federal government and the states, which are structured as federal law (e.g., Federal Remuneration Act) or state law (State Remuneration Acts). Since the 2006 federalism reform, legislative competence in remuneration matters primarily lies with the states, except for federal civil servants and soldiers, for whom federal law applies. Relevant ordinances and administrative regulations, which contain detailed rules on the calculation, payment, and adjustment of remuneration, must also be observed. In addition, remuneration is constitutionally measured by the standard of “appropriate alimentation” (Art. 33 para. 5 GG, principle of alimentation), and court rulings, particularly from the Federal Constitutional Court, are of great significance for the determination and adjustment of remuneration.
What impact do disciplinary measures have on remuneration?
Disciplinary measures can have a direct impact on remuneration depending on the type and severity of the misconduct. While minor disciplinary actions (e.g., warnings, fines) do not have permanent effects on the base salary, more severe measures such as salary reduction, demotion, or dismissal from the civil service may have significant consequences for remuneration. Salary reduction (§ 7 BDG or corresponding state regulation) leads to a percentage reduction in base salary for up to three years. Demotion or dismissal from service results in an adjustment or complete forfeiture of the claim to remuneration. All such measures are subject to strict procedural requirements and may be reviewed in court.
