Dienstleistungsportal Bayern

The legal relationships of employees in the public sector are determined by the relevant collective agreements, the applicable laws (Civil Code, Protection Against Dismissal Act, Maternity Protection Act, etc.) and the individual employment contract.

When hiring employees, the state acts under private law, i.e. it concludes employment contracts under civil law with the employees, just like any private employer. Therefore, the Civil Code, in particular §§ 611 et seq., and the labor laws apply.

As a rule, the employment contracts determine the basis of the individual employment relationship (employer, employee, start of the employment relationship, remuneration group, duration of the employment relationship, ancillary agreements). The other permanent working conditions (remuneration, continued payment of remuneration, vacation, etc.) are governed by the collective agreement for the public service of the federal states (TV-L). The company pension scheme is governed by separate collective agreements.

The collective agreements also apply to employees not covered by collective agreements by way of reference in their employment contracts; the application of the relevant collective agreements is agreed with the employees without regard to trade union membership. The collective agreements for the state sector are concluded on the employer side by the Tarifgemeinschaft deutscher Länder (TdL). Bavaria is a member of the TdL. As a collective bargaining party, Bavaria therefore only concludes its own collective agreements if the TV-L contains an opening clause for a state district collective agreement in this regard. In addition, separate collective agreements are concluded for special areas excluded from the scope of the TV-L (e.g. casinos). The main negotiating partners of the TdL are the trade unions ver.di and dbb beamtenbund und tarifunion. For the medical sector, collective bargaining is also conducted with the Marburger Bund.

As a rule, the place of work and the type of activity to be performed are not specified in the employment contract. The employer must specify this in a record in accordance with the Verification Act no later than one month after the start of the employment relationship; the record is signed by the employer, and the employee receives a copy. Only temporary temporary work of one month is exempt from the obligation to provide evidence. In the case of interns, the obligation to provide proof must be fulfilled immediately after the conclusion of the internship contract, at the latest before the intern begins working.

The central employer function for the entire state sector is performed by the State Ministry of Finance and Home Affairs. It negotiates the collective bargaining agreements for the Free State of Bavaria and issues implementation instructions for the collective bargaining agreements. The granting of benefits above and outside the collective wage agreement requires the consent of the State Ministry of Finance and Home Affairs (Art. 40 (1) of the Bavarian Budget Code).