Government employees are being laid off

Non-cancellability

In principle, all employees in the public service, i.e. civil servants and employees, can be dismissed from the service or terminated under certain conditions - they are not, as is often misrepresented publicly, in principle non-terminable.

Civil servant area

According to Section 6 of the Federal Civil Service Act (BBG) and Section 4 of the Civil Service Status Act, civil servants are subject to the principle of lifetime, which is one of the traditional principles of professional civil service. With the civil service for life, the legislature wants to ensure the greatest possible independence of the civil servant, both economically and vis-à-vis the employer. In this way, the civil servant, who in the final decision-making instance is only obliged to comply with the law, can also make decisions that his superior or employer displeases without falling victim to arbitrary personnel decisions. Nonetheless, an officer can be dismissed from service. Namely, if this is decided in disciplinary proceedings against him because of a serious, serious official offense. The civil service relationship ends, among other things, if a German criminal court has sentenced to imprisonment of at least one year for an intentional act (Section 41 BBG, Section 24 Civil Service Status Act). The civil servant's rights, including the pension entitlements, are lost when the judgment becomes final. This also applies if the execution of the sentence is suspended.

Tariff area

No employee is “non-terminable” in the public sector either. The regulation in Section 53 (3) BAT granted to employees in the West tariff area who have worked for at least 15 years with the same employer and are at least 40 years of age is a special one, which has been fundamentally replaced by TVöD, TV-L and TV-H personal protection against dismissal by excluding ordinary dismissal. Accordingly, an extraordinary termination for an important reason remained unaffected. Main example cases for this are criminal acts, assault, unexcused absence, serious z. B. xenophobic insults, sexual harassment, competitive activities or other significant breaches of duty.

According to TVöD and TV-L in tariff zone West and according to TV-H, employment relationships of employees who have reached the age of 40 can only be terminated by the employer for an important reason after an employment period of more than 15 years. In terms of content, this means that business-related dismissals are excluded and only personal or behavior-related dismissals can be considered. Insofar as employees were non-terminable according to the collective bargaining regulations valid up to September 30, 2005 (federal government and municipalities), October 31, 2006 (states of the TdL excluding Hesse) or December 31, 2009 (state of Hesse) (see Section 53 (3) BAT) , it stays that way.