Beamter
Encyclopedia
The German
word Beamter (female: Beamtin or Beamte, plural: Beamte) means civil servant, and is pronounced bəˈʔamtɐ, with a glottal stop
between the 'e' and the 'a'. This English translation may be ambiguous, as German law puts public employees into two classes, namely ordinary employees (Angestellte) and Beamte, making a distinction that does not exist in most other national bodies of law.
The original idea was that whoever represents the state by doing official duties (hoheitliche Aufgaben), such as issuing official documents or making official decisions, should have a special kind of employment with the state.
). Compared to other employees, civil servants 'only' have to pay taxes (even, when they are retired, up to their death, and afterwards their widows and orphans too, as long as they receive state-provision) and regularly 50% of their private health insurance for life (after retirement at the age of 65 - in the future it will be 67 - they get 70%). Every child has to be insured individually up to a maximum age of 25 (e.g. if at university). If not, this provision ends earlier, since regular job training lasts only 2½ – 3 years after leaving school.
. Furthermore, the salary and working week are defined by law and not by negotiations between employers and unions
. As a result, the usual working week for public employees is 38.5 hours whereas for Beamte it is 40 to 42 hours. In 2004, the yearly holiday pay was cut to zero and the Christmas bonus by 40%. In some federal states the so-called Christmas bonus was abolished in 2002, for example Saxony-Anhalt. Another not insignificant disadvantage is that many Beamte, but most infamously teachers, have a status that is resented by other employees in both private and public sectors. Furthermore Beamte have less rights to do political work. Some people believe that once Beamtenstatus is conferred, civil servants lack further professional motivation to the detriment of those they are appointed to serve.
One does not become a Beamter by signing a contract, but rather by receiving a diploma of appointment ("Ernennungsurkunde"); the new Beamter's first task is to swear an oath to uphold the federal constitution (Grundgesetz) and that of the federal state in case he or she is employed by it and not by federal agencies.
The three steps in becoming a German Beamter:
Mind that whether an applicant undergoes Step 1, 2, or 3, they are nevertheless always Beamte, although first in preparation, then on probation and then fully employed.
Formerly, this status used to be bestowed more liberally, and, as it cannot be taken away, there are still many Beamte amongst older people working for the post office (Deutsche Post
), the railway (Deutsche Bahn
), Deutsche Telekom
and other public utility companies. The staff of an average local authority in Germany is split into one-third who are Beamte, mostly in higher administrative positions, and two-thirds who are ordinary employees working as service people or elsewhere. The police are virtually 99.9% Beamte.
Privatizations and reductions in the number of established posts have reduced the number of Beamte: Since 1991 the number of Beamte has fallen by 1.4 million to c. 3.9 million. This means that reunited Germany today has fewer Beamte than the old Federal Republic of Germany before (figures as at January 2007).
In Germany, Beamte have permanent tenure
, i.e. they cannot normally be dismissed, and receive some so-called social security privileges and are usually rewarded more highly than others. In addition, they are exempt from all other contributions such as pension or unemployment insurance schemes. Dismissal is possible for lengthy illness, i.e. three months within half a year. It is also possible to dismiss the Beamter during the probation period. After the probation period Beamte can be retired and given a pension on the basis of the years of service., e.g. for 25 years of service the figure is 44.84 per cent minus 3.6 per cent for each year remaining until the normal retiring age. The maximum for these deductions is 10.8 per cent of the last salary. If it is advantageous to them, the person retiring receives a minimum pension, which is 65 percent of Besoldungsgruppe A 4 BBesG (On 1 January 2003 : 1,174.81 EUR pre-tax, less deductions for taxation and contributions to private medical insurance). Another privilege is that the employer is required to care for the health and well-being of each of its current and retired civil servants.
In the new Länder which constituted the former East Germany, most teachers are not Beamte, excepting head teachers and some specialists (lecturers teaching at schools providing vocational education or at grammar schools).
Compared to other employees, civil servants only have to pay taxes (even, when they are retired, up to death and afterwards widows and children too, so long as they are receiving state provision) and regularly 50% (after retirement at the age of 65 - in future at the age of 67 - 70%) of their private health insurance up to death. Every child must be insured individually maximally up to their 25th year (e.g. if studying, if not, then earlier, regularly apprenticeship lasts 2½ – 3 years).
"Normal" employees, workers, etc. also have to pay money to the retirement office, the full health insurance but receive a subsidy for this of over 50% from the state, plus unemployment insurance schemes, etc. They had to pay quite moderate amounts of taxes after their retirement, but this changed and will have to be endured for the upcoming twenty-six years. After retirement the employee does not have to pay health insurance or taxes.
In general it is not possible to compare the retirement benefits and the salaries of Beamte and employees since they are completely different systems. Certain parameters must be considered.
Middle Service:
Upper service
Upper service at the police (police officer)
Senior Service
Annotation: The asterisk* signals that there are two possible ways of PTs, i.e. either Oberregierungsrat or Regierungsoberrat, which do not differ from one another, although the latter is now preferred in some regions, whereas the former remains a more "classical" option.
Annotation: The asterisk* signals that each Ministry have at least a Beamter-Staatssekretär and a parliamentary secretary of state, the last one is not a Beamter, in their employ, the last one of which gets slightly lower wages and has different duties. A regularly installed state secretary is the senior representative of a Minister.
Annotation:The last three "groups" are not Beamte, according to the definition one refers to.
(concerning schemes C and W, please see below)
Annotation: Salary Orders B,C,W and R all belong to the Senior Service; the B-offices follow the ones of order A. Salary Order B is somewhat complicated due to the following principle:
Some titles can roughly be compared to offices held by British or other civil servants.
Overview
Ich schwöre, das Grundgesetz für die Bundesrepublik Deutschland und alle in der Bundesrepublik geltenden Gesetze zu wahren und meine Amtspflichten gewissenhaft zu erfüllen.The oath can be sworn both with or without the religious annotation: So wahr mir Gott helfe at the end.
I promise herewith to uphold and adhere to the Constitution of the Federal Republic of Germany and all other laws valid within its territory and to fulfil my duties with all my might.
The oath can be sworn both with or without the religious annotation: So wahr mir Gott helfe:'so help me God!' at the end.
Judges are not Beamte, although they were until the mid-1950s. Until then, judges were paid according to Order A as well, and usually had the titles "Justiz-" or "Gerichtsrat". However, officials represent the executive branch of government, but judges are independent from the state, they only depend on the law. - Another conflict of interest continually arising while judges were Beamte was not only the repeated interruptions made by federal offices; Beamte have a duty to obey direct orders from a superior, which is incompatible with an independent justice system.
In Germany, salaries range from a minimum of $46 000 to $135 000 (before taxation and contributions to private medical insurance) and according to the office, career and age of service held by the respective official. Only head teachers of grammar schools can attain the highest level of remuneration (see below). German teachers are almost all "Beamte" of the Upper or Senior Service. Teachers are Beamte of the 16 federal states that require a university degree comparable to a BA, BSc. or other. Grammar school teachers need a (at least two) MA, MSc. or comparable degree.
There are three different types of secondary school, the Gymnasium (grammar school, leading to university entrance), the Realschule (technical school) and the Hauptschule (basic secondary school) and their teachers are remunerated accordingly. (In some states, the Realschulen and Hauptschulen are being combined.) The Hauptschule is not often considered as being much above the level of primary education and most teachers are paid according to A12, lower than in a Gymnasium where nearly all teachers easily achieve A13, significantly higher in terms of remuneration. This creates great resentment because of the perceived lower status of the Hauptschule teachers, who, although not teaching their subjects to such a high level, nevertheless have to work more pedagogically with less motivated pupils and in more challenging social circumstances.
After the first Staatsexamen, trainee teachers have to do some practical training for two years, which is their probationary period after which they finish by taking the second "Staatsexamen".
They then become "Beamte zur Anstellung", i.e. they are not permanently employed yet. They usually have to wait another three years before final establishment. The teachers of the Gymnnasium do not reach the highest supply-percentage abouth 71.75 because they need 40 years of service. Grammar school teachers achieve the first step which is A 13 Studienrat. Thereafter A 14 Oberstudienrat, the third step A 15 Studiendirektor. The fourth and last step A 16 is Oberstudiendirektor, i.e. headmaster or -mistress of large grammar schools. Head teachers of Hauptschulen rarely pass A13 so the inequality is built in to the system.
One of the enduring anomalies of teachers employment in Germany is very probably in violation of EU law, in that an EU citizen from another member state cannot be employed under the same conditions as a German national as foreigners cannot become Beamte. Consequently, German schools contain very few nationals of other states, unlike some English schools, which is hardly a fitting contribution to European integration. It must be noted that in 2008, the Federal State of Berlin abolished the status of Beamter and offered its employees more money instead. Other Länder may follow suit.
in foreign countries.
Internationally, titles have been introduced to homologise the offices of different diplomatic services. These titles are not considered PTs/Amtsbezeichnungen since they are only used abroad and are not entirely comparable to diplomats from other states. In internal documents, these diplomats use their terms of office.
The following table depicts salary grades, titles and PTs of German diplomats and an internationally acknowledged translation. Please note that the below PTs differ from the "normal" ones since they are older expressions introduced in Germany several centuries before the introduction of the later Prussian PTs.
Whether an Ambassador is paid according to salary class B3 or B6 depends on how many employees work for the respective embassy (cf. "big" institutions like the Embassy of Germany in Washington, D.C. to smaller ones in Ulan Bator or elsewhere).
The salaries in order A are organized in steps, i.e. the longer a Beamter has worked, the better he or she is paid. The different groups reach from A2 to A 16 (A1 was outlawed in the 1970s). A2 to A5/6 belong to the Lower Service, A 6 to A 9 to the Middle Service, A 9 to A 13 to the Upper Service and A 13 to A 16 to the Senior Service. The other orders, B, C, R and W, also belong to the Senior Service. The German law (civil service career law) speaks abouth Laufbahnprinzip, an adequate translation of which might be career principle, i.e. the concept of being placed into a certain service (lower, middle, upper or above) according to one's academic education:
Although formally distinguished, the technical careers and non-technical careers do not actually differ from one another.
, it differs hugely.
Another country whose entire administrative structure is based on an officialdom comparable to that of Germany is Austria
, where Beamte even often have the same titles (cf. "Rat"/~councillor). Most cantons and the federal government of Switzerland
have abolished their officialdom. France
and the Netherlands are also countries traditionally administered by Beamte.
According to the respective salary schemes, the European officials (European Union
public authorities in Brussels
, Strasbourg
, Vienna
etc.) are the best-paid ones, not the German.
German language
German is a West Germanic language, related to and classified alongside English and Dutch. With an estimated 90 – 98 million native speakers, German is one of the world's major languages and is the most widely-spoken first language in the European Union....
word Beamter (female: Beamtin or Beamte, plural: Beamte) means civil servant, and is pronounced bəˈʔamtɐ, with a glottal stop
Glottal stop
The glottal stop, or more fully, the voiceless glottal plosive, is a type of consonantal sound used in many spoken languages. In English, the feature is represented, for example, by the hyphen in uh-oh! and by the apostrophe or [[ʻokina]] in Hawaii among those using a preservative pronunciation of...
between the 'e' and the 'a'. This English translation may be ambiguous, as German law puts public employees into two classes, namely ordinary employees (Angestellte) and Beamte, making a distinction that does not exist in most other national bodies of law.
The original idea was that whoever represents the state by doing official duties (hoheitliche Aufgaben), such as issuing official documents or making official decisions, should have a special kind of employment with the state.
Advantages
Today, such functions are often executed by non-Beamte, which means that the position of Beamte is distinguished by the supposed advantages that it confers, such as a special health plan (the Beihilfe, which covers half of many of the expenses, the other part being the responsibility of the Beamter himself), an index-linked pension of (at most) 71.5% of the last salary, paid directly by the state instead of the usual public (also state-run) pension insurance, and most importantly, the virtual impossibility of losing one's job (basically, the state may only terminate employment in cases of serious feloniesFelony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
). Compared to other employees, civil servants 'only' have to pay taxes (even, when they are retired, up to their death, and afterwards their widows and orphans too, as long as they receive state-provision) and regularly 50% of their private health insurance for life (after retirement at the age of 65 - in the future it will be 67 - they get 70%). Every child has to be insured individually up to a maximum age of 25 (e.g. if at university). If not, this provision ends earlier, since regular job training lasts only 2½ – 3 years after leaving school.
Disadvantages
One notable disadvantage is that Beamte, unlike all other public or private employees, lack the right to strikeStrike action
Strike action, also called labour strike, on strike, greve , or simply strike, is a work stoppage caused by the mass refusal of employees to work. A strike usually takes place in response to employee grievances. Strikes became important during the industrial revolution, when mass labour became...
. Furthermore, the salary and working week are defined by law and not by negotiations between employers and unions
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
. As a result, the usual working week for public employees is 38.5 hours whereas for Beamte it is 40 to 42 hours. In 2004, the yearly holiday pay was cut to zero and the Christmas bonus by 40%. In some federal states the so-called Christmas bonus was abolished in 2002, for example Saxony-Anhalt. Another not insignificant disadvantage is that many Beamte, but most infamously teachers, have a status that is resented by other employees in both private and public sectors. Furthermore Beamte have less rights to do political work. Some people believe that once Beamtenstatus is conferred, civil servants lack further professional motivation to the detriment of those they are appointed to serve.
Becoming a Beamter
A prospective Beamter must be a national of the Federal Republic of Germany, and must achieve the status by the age of 35. There are 4 professional tracks for Beamte, depending on their education:- Einfacher Dienst / Simple or lower service
- Mittlerer Dienst / Middle service
- Gehobener Dienst / Upper service
- Höherer Dienst / Senior service
One does not become a Beamter by signing a contract, but rather by receiving a diploma of appointment ("Ernennungsurkunde"); the new Beamter's first task is to swear an oath to uphold the federal constitution (Grundgesetz) and that of the federal state in case he or she is employed by it and not by federal agencies.
The three steps in becoming a German Beamter:
- 1. For each applicant, regardless of which career they choose (cf. below: Lower, Middle, Upper and Senior Service), there is a rule that they cannot officially be instated or installed Beamter unless they have completed their probationary period/"Vorbereitungsdienst" which lasts from one to three years and which is completed by several oral and written exams and a written work. There are exceptions for highly technical tasks, where this preparatory service is not economical. These trainees usually have the title "Anwärter" which is preceded by the official term of their position (in due course called PT; NOT their academic title) they are probably going to hold after completing their preparation service, e.g. Regierungssekretärsanwärter (RSA) or Kriminalkommissaranwärter (KKA). The trainee officials of the Senior Service are called "Referendare", e.g. Studienreferendar for a trainee teacher. They get a special salary for preparees. The length of this first step depends on the respective career. Usually, the preparation service lasts one to three years.
- 2. The preparation or training time is followed by a probation phasis during which the newly installed government official is on probation (Beamter auf Probe/zur Anstellung). This period usually lasts three to five years. Their salaries are already based on the Salary Grade according to which they are going to be paid when having achieved a lifelong employment (tenureTenureTenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
). They usually have their respective terms of office preceding the abbreviation "z.A." which means "to be employed", e.g. Regierungsinspektor z. A. Again there is an exception with regard to the Senior Service, since these may be called Räte z. A. (e.g. Studienrat z. A., Regierungsrat z. A.), the last ones of which seem to be, nonetheless, an antique expression dating back as far as the early origins of Prussian administration. - 3. The official becomes a Beamter auf Lebenszeit and thus has the status of an official civil servant of the respective employer/Dienstherr.
Mind that whether an applicant undergoes Step 1, 2, or 3, they are nevertheless always Beamte, although first in preparation, then on probation and then fully employed.
Areas in which Beamte work
The status of Beamter is enjoyed by the staff of public authorities and civil services, but also by policemen, soldiers and officers, most teachers and other professionals, and by holders of political offices such as mayors, ministers, etc. However, for holders of political offices the status of Beamter is not permanent and is only applicable for their period in office. Also, German teachers are regularly "Beamte", but not in the former East Germany (with a few exceptions).Formerly, this status used to be bestowed more liberally, and, as it cannot be taken away, there are still many Beamte amongst older people working for the post office (Deutsche Post
Deutsche Post
Deutsche Post AG, operating under the trade name Deutsche Post DHL, is the world's largest logistics group. With its headquarters in Bonn, the corporation has 467,088 employees in more than 220 countries and territories worldwide and generated revenue of € 51.48 billion in 2010...
), the railway (Deutsche Bahn
Deutsche Bahn
Deutsche Bahn AG is the German national railway company, a private joint stock company . Headquartered in Berlin, it came into existence in 1994 as the successor to the former state railways of Germany, the Deutsche Bundesbahn of West Germany and the Deutsche Reichsbahn of East Germany...
), Deutsche Telekom
Deutsche Telekom
Deutsche Telekom AG is a telecommunications company headquartered in Bonn, Germany. It is the largest telecommunications company in Europe....
and other public utility companies. The staff of an average local authority in Germany is split into one-third who are Beamte, mostly in higher administrative positions, and two-thirds who are ordinary employees working as service people or elsewhere. The police are virtually 99.9% Beamte.
Privatizations and reductions in the number of established posts have reduced the number of Beamte: Since 1991 the number of Beamte has fallen by 1.4 million to c. 3.9 million. This means that reunited Germany today has fewer Beamte than the old Federal Republic of Germany before (figures as at January 2007).
Income
All Beamte were paid according to the Bundesbesoldungsgesetz (Federal Pay Act), regardless of where they are employed (Federal Government, 16 federal states, communities or even Churches). This changed, giving the 16 federal states the option to vary salaries, depending on whether they are "rich" or "poor" ("Rich" states are Bavaria, Baden-Wuerttemberg or Hesse, and "poor" ones include most of the eastern states, such as Saxony-Anhalt, Mecklenburg-Western Pomerania and Berlin). This is the so-called "North-South divide" in Germany. However, the Federal Government still keeps a close eye on the respective "Landesbesoldungsgesetze", as they may only differ up to 5% compared to the Federal Salary Scheme. Furthermore, no Land had taken up the offer to make any significant alterations to the pay of their civil servants.In Germany, Beamte have permanent tenure
Tenure
Tenure commonly refers to life tenure in a job and specifically to a senior academic's contractual right not to have his or her position terminated without just cause.-19th century:...
, i.e. they cannot normally be dismissed, and receive some so-called social security privileges and are usually rewarded more highly than others. In addition, they are exempt from all other contributions such as pension or unemployment insurance schemes. Dismissal is possible for lengthy illness, i.e. three months within half a year. It is also possible to dismiss the Beamter during the probation period. After the probation period Beamte can be retired and given a pension on the basis of the years of service., e.g. for 25 years of service the figure is 44.84 per cent minus 3.6 per cent for each year remaining until the normal retiring age. The maximum for these deductions is 10.8 per cent of the last salary. If it is advantageous to them, the person retiring receives a minimum pension, which is 65 percent of Besoldungsgruppe A 4 BBesG (On 1 January 2003 : 1,174.81 EUR pre-tax, less deductions for taxation and contributions to private medical insurance). Another privilege is that the employer is required to care for the health and well-being of each of its current and retired civil servants.
In the new Länder which constituted the former East Germany, most teachers are not Beamte, excepting head teachers and some specialists (lecturers teaching at schools providing vocational education or at grammar schools).
Compared to other employees, civil servants only have to pay taxes (even, when they are retired, up to death and afterwards widows and children too, so long as they are receiving state provision) and regularly 50% (after retirement at the age of 65 - in future at the age of 67 - 70%) of their private health insurance up to death. Every child must be insured individually maximally up to their 25th year (e.g. if studying, if not, then earlier, regularly apprenticeship lasts 2½ – 3 years).
"Normal" employees, workers, etc. also have to pay money to the retirement office, the full health insurance but receive a subsidy for this of over 50% from the state, plus unemployment insurance schemes, etc. They had to pay quite moderate amounts of taxes after their retirement, but this changed and will have to be endured for the upcoming twenty-six years. After retirement the employee does not have to pay health insurance or taxes.
In general it is not possible to compare the retirement benefits and the salaries of Beamte and employees since they are completely different systems. Certain parameters must be considered.
Professional titles and terms of office
Lower service (rare)- A1: Amtsgehilfe (abolished)
- A2: Oberamtsgehilfe
- A3: Hauptamtsgehilfe
- A4: Amtsmeister
- A5: Oberamtsmeister
- A6: Oberamtsmeister
Middle Service:
- A6: Sekretär
- A7: Meister, Obersekretär
- A8: Obermeister, Hauptsekretär, e.g. Brandobermeister (fire fighter), Polizeiobermeister (policeman)
- A9: Hauptmeister, Amtsinspektor
- A9+AZ:Amtsinspektor mit Amtszulage
Upper service
- A9: Inspektor, f.e. Regierungsinspektor
- A10: Oberinspektor
- A11: Amtmann, Amtfrau, formerly Amtmännin (in one board still possible)
- A12: Amtsrat
- A13: Oberamtsrat
Upper service at the police (police officer)
- A9: Kommissar, f.e. Kriminalkommissar or Polizeikommissar
- A10: Oberkommissar
- A11: Hauptkommissar
- A12: Hauptkommissar
- A13: Erster Hauptkommissar, f.e. Erster Kriminal- or Polizeihauptkommissar
Senior Service
- A13: Rat, e.g.: Studienrat, Medizinalrat, Baurat, Bibliotheksrat, Verwaltungsrat, Regierungsrat
- A14: Oberrat, e.g. Akademischer Oberrat, Chemieoberrat, Biologieoberrat, Oberregierungsrat
- A15: Direktor, e.g. Polizeidirektor, Kriminaldirektor, Psychologiedirektor, Pharmaziedirektor,
- A16: Leitender Direktor, e.g. Leitender Finanzdirektor, Leitender Medizinaldirektor, Ministerialrat, Oberstudiendirektor
Annotation: The asterisk* signals that there are two possible ways of PTs, i.e. either Oberregierungsrat or Regierungsoberrat, which do not differ from one another, although the latter is now preferred in some regions, whereas the former remains a more "classical" option.
- B1: Direktor
- B2: Ministerialrat (Ministerial ~ counsellor/Counsellor [councillorBE, councilorAE] to the Ministry)
- B3: Botschafter
- B4: Leitender Ministerialrat (~ Senior C. M.)
- B5: Ministerialdirigent
- B6: Botschafter Erster Klasse
- B7: Präsident größerer Bundesämter
- B8: Regierungspräsident
- B9: Ministerialdirektor (~Senior Undersecretary of State), Bürgermeister (Lord Mayor)
- B10: Direktor des Deutschen Bundestages (administration manager of 1st parliamentary chamber - not president)
- B11: Staatssekretär (state secretary; as Beamter*)
Annotation: The asterisk* signals that each Ministry have at least a Beamter-Staatssekretär and a parliamentary secretary of state, the last one is not a Beamter, in their employ, the last one of which gets slightly lower wages and has different duties. A regularly installed state secretary is the senior representative of a Minister.
- Bundesminister: 1⅓ x B11 (Federal Ministers)
- Bundeskanzler: 1⅔ x B11 (Federal ChancellorChancellor of GermanyThe Chancellor of Germany is, under the German 1949 constitution, the head of government of Germany...
) - Bundespräsident: 1 5/6 x B11 (Federal PresidentPresident of GermanyThe President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial...
)
Annotation:The last three "groups" are not Beamte, according to the definition one refers to.
- W1: Juniorprofessor
- W2: Professor
- W3: Professor (as a director of an institute or holder of a Chair)
- C1: Wissenschaftlicher/Künstlerischer
- C2: Wissenschaftlicher/Künstlerischer Oberassistent
- C3: Professor (Extraordinarius)
- C4: Professor (Ordinarius; Lehrstuhlinhaber -rare-)
(concerning schemes C and W, please see below)
- R1: Staatsanwalt, Richter am Amtsgericht, Richter am Landgericht - Richter not Beamte -
- R2: Oberstaatsanwalt, Richter am Oberlandesgericht, Vorsitzender Richter am Landgericht - Richter not Beamte -
- R3: Leitender Oberstaatsanwalt R3, Vorsitzender Richter am Oberlandesgericht - Richter not a Beamter -
- R4: Leitender Oberstaatsanwalt R4
- R5: Generalstaatsanwalt
- R6: Bundesanwalt, Richter am Bundesgerichtshof - Richter not a Beamter -
- R7: Abteilungsleiter bei der Bundesanwaltschaft
- R8: Vorsitzender Richter am Bundesgerichtshof - Richter not a Beamter -
- R9: Generalbundesanwalt
- R10: Präsident(en) der Bundesgerichte - not (a) Beamte(r) -
Annotation: Salary Orders B,C,W and R all belong to the Senior Service; the B-offices follow the ones of order A. Salary Order B is somewhat complicated due to the following principle:
- B2, B3, B4, B5 (B5->Ministerialdirigent/MDg at state ministries), B7 (MDg at federal ministries), B8, B11 are used at ministries and comparable institutions in chronological order
- The remaining classes are used in other institutions (Bundesämter).
Some titles can roughly be compared to offices held by British or other civil servants.
Overview
| Scheme | Grade | Office name/term | Examples (Abbr. only for internal usage) | Civil service career law | |
|---|---|---|---|---|---|
| A | 2 | Oberamtsgehilfe | Lower service | ||
| A | 3 | Hauptamtsgehilfe | |||
| A | 4 | Amtsmeister | |||
| A | 5 | Oberamtsmeister | |||
| A | 6 | Oberamtsmeister Erster Klasse | |||
| A | 6 | Sekretär | Regierungssekretär (RS) | Middle Service | |
| A | 7 | Meister, Obersekretär | Polizeimeister (PM) | ||
| A | 8 | Obermeister, Hauptsekretär | Regierungshauptsekretär (RHS) | ||
| A | 9 | Hauptmeister, Amtsinspektor | Brandhauptmeister (BHM) | ||
| A | 9+Z | Amtsinspektor mit Amtszulage | Regierungsamtsinpektor (RAI) | ||
| A | 9 | Inspektor, Kommissar | Regierungsinspektor | Upper service | |
| A | 10 | Oberinspektor, Oberkommissar | Zolloberinspektor (ZOI) | ||
| A | 11 | Amtmann, Hauptkommissar | Regierungsamtsmann (RA) | ||
| A | 12 | Amtsrat, Hauptkommissar A12 | Kriminalhauptkommissar (KHK) | ||
| A | 13 | Oberamtsrat, Erster Hauptkommissar | Regierungsoberamtsrat (ROAR) | ||
| A | 13 | Rat | Regierungsrat (RR) | Senior Service | |
| A | 14 | Oberrat | Regierungsoberrat (ROR) | ||
| A | 15 | Direktor | Kriminaldirektor (KD) | ||
| A | 16 | Leitender Direktor, Oberdirektor, Ministerialrat) | Leitender Regierungsdirektor (LRD/LtdRD) |
Federal Oath of Office of the Federal Republic of Germany
- German original, only valid for Beamte of federal and federal state agencies:
Ich schwöre, das Grundgesetz für die Bundesrepublik Deutschland und alle in der Bundesrepublik geltenden Gesetze zu wahren und meine Amtspflichten gewissenhaft zu erfüllen.The oath can be sworn both with or without the religious annotation: So wahr mir Gott helfe at the end.
- English translation:
I promise herewith to uphold and adhere to the Constitution of the Federal Republic of Germany and all other laws valid within its territory and to fulfil my duties with all my might.
The oath can be sworn both with or without the religious annotation: So wahr mir Gott helfe:'so help me God!' at the end.
Beamte, Richter and Soldaten
Although officially not having the status of Beamte, Richter (judges) and Soldaten (soldiers) have similar rights and duties to "ordinary" Beamte. For one thing, they are also paid according to the Bundesbesoldungsgesetz (soldiers according to Orders A and B and judges according to Order R, like public prosecutors (The last ones are, nevertheless, Beamte, the soldiers and judges not). Furthermore, they practically cannot be dismissed and have the same financial income. Soldiers and judges are also expected to swear an oath on the Constitution (cf. below).Judges are not Beamte, although they were until the mid-1950s. Until then, judges were paid according to Order A as well, and usually had the titles "Justiz-" or "Gerichtsrat". However, officials represent the executive branch of government, but judges are independent from the state, they only depend on the law. - Another conflict of interest continually arising while judges were Beamte was not only the repeated interruptions made by federal offices; Beamte have a duty to obey direct orders from a superior, which is incompatible with an independent justice system.
Public image of Beamten
Beamten suffer from an image problem within Germany, with a study conducted by the German Civil Service Federation (DBB) stating that 61% of the German population held Beamten to be "lazy, lethargic, inflexible, stubborn or corrupt". Other common points of contention among the German public are that Beamten are paid excessive salaries and cannot be removed from their positions for any other reason than engaging in a criminal act or being unable to work.One typical example of officialdom: teachers in Germany
It is necessary to bear in mind that teachers comprise only a small percentage of the total number of 'Beamte' and are not typical of Beamte in general. Teachers' salaries in Germany in particular compare very well with those in the USA, Great Britain and other countries. It is widely supposed that American teachers are quite badly paid, at least primary school teachers, who earn an average of $25,000 (2007). In England, teachers' salaries range from c.£20 000 to c.£48 000. However, the states where teachers get most are Germany, Switzerland and South Korea.- South Korea: Salaries range from $25,000 up to $60,000 (GDP/person: $12,000)
- Switzerland: Salaries range from $42,000 up to $74,000 (GDP/person: $50,000)
In Germany, salaries range from a minimum of $46 000 to $135 000 (before taxation and contributions to private medical insurance) and according to the office, career and age of service held by the respective official. Only head teachers of grammar schools can attain the highest level of remuneration (see below). German teachers are almost all "Beamte" of the Upper or Senior Service. Teachers are Beamte of the 16 federal states that require a university degree comparable to a BA, BSc. or other. Grammar school teachers need a (at least two) MA, MSc. or comparable degree.
There are three different types of secondary school, the Gymnasium (grammar school, leading to university entrance), the Realschule (technical school) and the Hauptschule (basic secondary school) and their teachers are remunerated accordingly. (In some states, the Realschulen and Hauptschulen are being combined.) The Hauptschule is not often considered as being much above the level of primary education and most teachers are paid according to A12, lower than in a Gymnasium where nearly all teachers easily achieve A13, significantly higher in terms of remuneration. This creates great resentment because of the perceived lower status of the Hauptschule teachers, who, although not teaching their subjects to such a high level, nevertheless have to work more pedagogically with less motivated pupils and in more challenging social circumstances.
After the first Staatsexamen, trainee teachers have to do some practical training for two years, which is their probationary period after which they finish by taking the second "Staatsexamen".
They then become "Beamte zur Anstellung", i.e. they are not permanently employed yet. They usually have to wait another three years before final establishment. The teachers of the Gymnnasium do not reach the highest supply-percentage abouth 71.75 because they need 40 years of service. Grammar school teachers achieve the first step which is A 13 Studienrat. Thereafter A 14 Oberstudienrat, the third step A 15 Studiendirektor. The fourth and last step A 16 is Oberstudiendirektor, i.e. headmaster or -mistress of large grammar schools. Head teachers of Hauptschulen rarely pass A13 so the inequality is built in to the system.
One of the enduring anomalies of teachers employment in Germany is very probably in violation of EU law, in that an EU citizen from another member state cannot be employed under the same conditions as a German national as foreigners cannot become Beamte. Consequently, German schools contain very few nationals of other states, unlike some English schools, which is hardly a fitting contribution to European integration. It must be noted that in 2008, the Federal State of Berlin abolished the status of Beamter and offered its employees more money instead. Other Länder may follow suit.
The diplomatic service
The diplomatic service/Auswärtiger Dienst is naturally also based on "officialdom", including most privileges like permanent employment. Furthermore, diplomats do not have to make tax or other payments to the state, they get a foreign bonus (c. US$2000 to 5000; further bonuses for the families are not included), and they have diplomatic immunityDiplomatic immunity
Diplomatic immunity is a form of legal immunity and a policy held between governments that ensures that diplomats are given safe passage and are considered not susceptible to lawsuit or prosecution under the host country's laws...
in foreign countries.
Internationally, titles have been introduced to homologise the offices of different diplomatic services. These titles are not considered PTs/Amtsbezeichnungen since they are only used abroad and are not entirely comparable to diplomats from other states. In internal documents, these diplomats use their terms of office.
The following table depicts salary grades, titles and PTs of German diplomats and an internationally acknowledged translation. Please note that the below PTs differ from the "normal" ones since they are older expressions introduced in Germany several centuries before the introduction of the later Prussian PTs.
- (Lower Diplomatic Service)
- Middle Diplomatic Service
- Upper Diplomatic Service
- Superior Diplomatic Service
- A13: Zweiter Sekretär / Legationsrat. Second Secretary.
- A14: Erster Sekretär / Legationsrat Erster Klasse. First Secretary
- A15: Botschaftsrat / Vortragender Legationsrat.
- A16: Botschaftsrat Erster Klasse / Vortragender Legationsrat Erster Klasse (VLRI)
- B3: Botschafter / Ambassador.
- B6: Botschafter / Ambassador.
- B6: Ministerialdirigent.
- B9: Ministerialdirektor.
- B11: Staatssekretär.
- B11x1/1/2: Minister für Auswärtige Angelegenheiten (Not a Beamter, see above).
Whether an Ambassador is paid according to salary class B3 or B6 depends on how many employees work for the respective embassy (cf. "big" institutions like the Embassy of Germany in Washington, D.C. to smaller ones in Ulan Bator or elsewhere).
The Bundesbesoldungsgesetz
There are several different Besoldungsordnungen: A (for most Beamte and soldiers), B (for ministry officials), C (for university professors and lecturers; has been replaced by W), R (for public prosecuters and all judges) and W for university lecturers and professors.The salaries in order A are organized in steps, i.e. the longer a Beamter has worked, the better he or she is paid. The different groups reach from A2 to A 16 (A1 was outlawed in the 1970s). A2 to A5/6 belong to the Lower Service, A 6 to A 9 to the Middle Service, A 9 to A 13 to the Upper Service and A 13 to A 16 to the Senior Service. The other orders, B, C, R and W, also belong to the Senior Service. The German law (civil service career law) speaks abouth Laufbahnprinzip, an adequate translation of which might be career principle, i.e. the concept of being placed into a certain service (lower, middle, upper or above) according to one's academic education:
- Beamte of the Middle Service are required to have passed their Realschulabschluss, which can roughly be compared to an GCSE O-level examination or the American high school diploma, preferably with further experiences.
- To be made a Beamter of the Upper Service, all applicants need their Abitur (comparable to British A-levels or American undergraduate studies, respectively) and after their finishing school had to go a college owned by the different offices and institutions. Since 1974 they have been sent to study at a University of applied sciences in administration for six semesters, leading to a graduation (comparable BA hon. (diploma)). Since 2001 it has been possible to all Beamte and applicants to/of the Upper Service (do not confuse with the Senior Service, which requires still more experiences etc.) to study 4 more semesters at an official university and finish with the "Master of Public Administration" (MPA) or "Master of Laws" (LL.M)and to begin the Senior Service. This seems to makes this "Laufbahn" or career so 'attractive' to young A-level-possessors as they are already preparing to become a Beamte and are thus paid a beginner's salary. They normally do not begin their "career" before turning 30-35, i.e. when they receive a doctor's degree. * Applicants for the Senior Service regurlarly need a MA, MSc. or a comparable university degree (at least two).
Although formally distinguished, the technical careers and non-technical careers do not actually differ from one another.
Beamte in other countries and in the European Union public authorities
Despite the similarity with HM Civil Service of the United KingdomBritish Civil Service
Her Majesty's Home Civil Service, also known as the Home Civil Service, is the permanent bureaucracy of Crown employees that supports Her Majesty's Government - the government of the United Kingdom, composed of a Cabinet of ministers chosen by the prime minister, as well as the devolved...
, it differs hugely.
Another country whose entire administrative structure is based on an officialdom comparable to that of Germany is Austria
Austria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
, where Beamte even often have the same titles (cf. "Rat"/~councillor). Most cantons and the federal government of Switzerland
Switzerland
Switzerland name of one of the Swiss cantons. ; ; ; or ), in its full name the Swiss Confederation , is a federal republic consisting of 26 cantons, with Bern as the seat of the federal authorities. The country is situated in Western Europe,Or Central Europe depending on the definition....
have abolished their officialdom. France
French Civil Service
The French Civil Service is the set of civil servants working for the French government.Not all employees of the state and public institutions or corporations are civil servants; however, the media often incorrectly equate "government employee" or "employee of a public corporation" with...
and the Netherlands are also countries traditionally administered by Beamte.
According to the respective salary schemes, the European officials (European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
public authorities in Brussels
Brussels
Brussels , officially the Brussels Region or Brussels-Capital Region , is the capital of Belgium and the de facto capital of the European Union...
, Strasbourg
Strasbourg
Strasbourg is the capital and principal city of the Alsace region in eastern France and is the official seat of the European Parliament. Located close to the border with Germany, it is the capital of the Bas-Rhin département. The city and the region of Alsace are historically German-speaking,...
, Vienna
Vienna
Vienna is the capital and largest city of the Republic of Austria and one of the nine states of Austria. Vienna is Austria's primary city, with a population of about 1.723 million , and is by far the largest city in Austria, as well as its cultural, economic, and political centre...
etc.) are the best-paid ones, not the German.