Beamter


The German civil servants called Beamte have a privileged legal status compared to other German public employees, who are generally subject to the same laws and regulations as employees in the private sector. For example, the state can only fire Beamte if they commit a felony.
The tradition of classifying only some public employees as Beamte dates back to the "enlightened rule" of monarchs practised in 18th-century Prussia and other German states. These states did not accept "radical" concepts such as democracy or popular sovereignty, but they did try to professionalise their public services and to reduce corruption and favouritism. The idea was that whoever represents the state by undertaking official duties which only the state may legally provide, such as issuing official documents, teaching state-approved curricula to students, preaching in state-approved churches, or making any other kind of official decisions, should have a special legal status and relationship with the state that demands a higher than normal degree of loyalty. At its core, that loyalty is regarded as mutual, with Beamte having a special duty of service going beyond the duties of salaried workers, with the state having a special duty of seeing to their welfare that likewise goes beyond what would be expected of a commercial employer. Some people believe that once Beamtenstatus is conferred, civil servants lack further professional motivation, to the detriment of those they are appointed to serve.
While soldiers and judges are not considered Beamte in Germany, many of the same rules apply to them. However, unlike Beamte, judges are not subject to the usual hierarchy and order of command of government, in order to preserve judicial independence. Similarly, unlike Beamte, soldiers cannot be ordered to act in any manner unrelated to the defence of the state, so as to preserve the civilian nature of the German government.

Privileges and restrictions

Under Art. 33 of the Basic Law, appointment as a Beamter is for life and subject to public law, not private-law employment regulations. There is no contract of employment between the Beamter and the state entity employing them. Beamte possess a range of privileges. These include:
  • a special health plan, the Beihilfe, which covers 50% of most health care expenses for the Beamter, their spouse, and dependent children, with the Beamter being responsible for the remainder of the cover ;
  • an index-linked pension of at most 71.75% of final salary, paid directly by the state rather than by the usual public pension provider ;
  • exemption from all social security contributions, although they are, like all other employees, subject to income tax;
  • near-ironclad job security – the state may transfer Beamte who do not perform well to other, often less desirable, posts, but can only terminate their employment entirely in cases of serious felonies.
There are also a number of restrictions on Beamte:
  • Unlike all other public or private employees, they have no right to strike.
  • Their salary and working hours are determined by law, rather than by negotiations between employers and unions. As a result, the usual working week for ordinary public employees is 38.5 hours, whereas for Beamte it is now between 40 and 42 hours, depending on the entity employing the Beamter.
  • If they opt in to Germany's public health insurance services, they face tight restrictions, must cover both the employee's and the employer's contributions, and cannot include their spouses or dependent children.
  • If they resign from their post, they receive only the very low basic unemployment benefits, not the unemployment insurance benefits, since they do not pay unemployment insurance;
  • If they are removed from active duty due to misconduct, they lose not only their salary, but also all retirement benefits and have no coverage of health-care costs because they never have been insured.
  • Beamte who commit a crime – whether on or off duty – face double punishment, since they are subject to both the criminal law and internal disciplinary procedures.
  • Beamte can be punished for accepting benefits that are linked to their official role or function and that are provided by third parties. This punishment for receiving an advantage through the position is reaching much further than the prosecution for bribery because in contrast to bribery no favour has to be granted in return.
  • Beamte have fewer rights to engage in political work.
Entities that may employ Beamte include the federal government, the 16 state governments and all local authorities, certain corporations, agencies and foundations governed by public law, such as the Catholic and Lutheran churches, whose priests have a status similar to that of Beamte. These are not, however, employed by the state but by the churches in their capacity as corporations of public law.

Becoming a

A prospective Beamter must be a national of the Federal Republic of Germany or of a member state of the European Union, and must generally achieve the status by the age of 35. There are four professional career tracks for Beamte, depending on their education:
  • Einfacher Dienst, mainly for positions of menial work, which has mostly fallen out of use. Similar to enlisted ranks excluding non-commissioned officers.
  • Mittlerer Dienst, mainly for positions requiring roughly the equivalent of a completed apprenticeship. Similar to non-commissioned officers.
  • Gehobener Dienst, mainly for positions requiring a bachelor's degree or its equivalent. This bachelor's degree is often obtained whilst studying at a public institute of higher education provided, and working as a trainee Beamter. Similar to company grade or junior field grade officer.
  • Höherer Dienst, restricted to graduates holding a master's degree or its equivalent. Similar to military officers of rank major and above, and to all judges.
Transition from a lower to a more senior career track is possible.
Teachers of primary and II and III class secondary schools have a position unofficially between upper and senior service.
Conferral of the status of Beamter does not involve any contract, but formal letters of appointment. The new Beamter first task is to swear the oath of office, including a pledge to uphold and protect the federal laws and the constitution, and – where the employing entity is not the federal government – the constitution and laws of the respective state. Additionally, new Beamte have to table a medical supervision screening in order to prove their physical ability to serve in this type of fixed, decades-long career. Furthermore, they are subject to a prior screening by the police and judiciary – in order to exclude convicted offenders, extremists, and people with false credentials.
There are typically three steps involved in becoming a Beamter with full tenure for life:
  1. For all four career tracks there are specially designed training schemes lasting one year, two years or three years, including oral and written exams as well as a dissertation. There are exceptions for highly technical tasks. Trainee Beamte usually have the title Anwärter, preceded by the official term of the position, e.g. Regierungssekretärsanwärter or Kriminalkommissaranwärter. Trainee officials of the senior service are called Referendare, e.g. Studienreferendar for a trainee teacher. They receive a special salary and hold the legal status of Beamter, albeit without tenure for life.
  2. The trainee period is followed by a probationary period. This period usually lasts three years, occasionally longer. The salary is based on the salary grade which the Beamter will hold upon achieving tenure for life. Usually, the designation of office precedes 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, where probationary Beamte may be called Rat z. A., or, alternatively, Assessor, although this is now less common.
  3. The official becomes a Beamter auf Lebenszeit, i.e. a Beamter with full tenure for life.
It should be borne in mind that, whether applicants undergo steps 1, 2, or 3, they are already hold the status of Beamter, although initially in training or on probation. It is also important to know, that normally it is impossible to become a Beamter after the age of 45.

Fields of work

The status of Beamter is held by administrative officials, but also by policemen, prison guards, customs officers, most teachers and university professors, and other professionals in the public service, and by certain holders of political offices such as mayors. For holders of political office, the status of Beamter is not permanent, only applying during the term of office. Furthermore, while most teachers in the western states of Germany are Beamte, this is not necessarily the case in eastern states. Berlin, for example, abolished the status of Beamter for teachers in 2005, but reintroduced it in 2023.
Formerly, Beamter status used to be bestowed more liberally. As it results in permanent tenure, there are still many Beamte amongst those working for the German post office, the railway services, and other public utility companies, many of which are either no longer state-owned or have been converted into companies governed by private rather than public law. New employees at those entities are no longer made Beamte. Privatisation and reductions in the number of established posts have reduced the overall number of Beamte. Since 1991, the number of Beamte has declined by 1.4 million to around 3.9 million. This meant that, as of January 2007, reunited Germany had fewer Beamte than the old Federal Republic of Germany.
Local authority staff is split: about one-third are Beamte, mostly in higher administrative positions, and two-thirds are ordinary employees.

Income

All Beamte were once paid according to the Bundesbesoldungsgesetz, regardless of who the employing entity was. This has now changed. The 16 states have the option to vary salaries. Nonetheless, the Federal Government still keeps a close eye on the respective state Besoldungsgesetze, which may only differ up to 5% from the Federal Salary Scheme.
In Germany, Beamte have permanent tenure, i.e. they cannot normally be dismissed, receive certain privileges, and are usually remunerated more generously than ordinary employees. In addition, they are exempt from all social security contributions such as pension or unemployment insurance. Dismissal is permissible for prolonged periods of illness, i.e. three months within half a year, but in this case, the Beamter can only be retired if they are not able to go back to work within the next six months. It is also possible to dismiss the Beamter during the probationary period, and thereafter the Beamter can be retired and given a pension based on years of service.
In the new states which once constituted the German Democratic Republic, most teachers are not Beamte, with the possible exception of head teachers and certain specialists.
Salary is usually counted by month. Apart from the salary group, it also depends on the number of years served. Bypassing additions and variations in sub-federal law, the monthly salary for the lowest possible order is €1845.90, that for a beginning detective is €3,464.26, that for a beginning Gymnasium teacher or state attorney or local judge is in either case €5,197.69, that of a Gymnasium principal at the end of their career may be up to €8,978.48 and that of a State Secretary is €16,566.89.
Beamte only pay income tax but do not pay social insurance contributions. Their salary is considered an alimentation that comprises the reimbursement of health care costs and continues at a lower level during retirement. As appointment is considered life-long no unemployment insurance is paid. This means that their income after tax is much higher than that of other civil servants or workers in private companies with a comparable gross salary.