Retirement of civil servants |
Retirement of civil servants- Constitution of Germany |
Article 132[Retirement of civil servants] |
(1) Civil servants and judges who enjoy life tenure when this Basic Law takes effect may, within six months after the Bundestag first convenes, be retired, suspended or transferred to lower-salaried positions if they lack the personal or professional aptitude for their present positions. This provision shall apply, mutatis mutandis, to salaried public employees other than civil servants or judges whose employment cannot be terminated at will. In the case of salaried employees whose employment may be terminated at will, notice periods longer than those set by collective bargaining agreements may be rescinded within the same period.
|
(2) The preceding provision shall not apply to members of the public service who are unaffected by the provisions regarding “Liberation from National Socialism and Militarism” or who are recognised victims of National Socialism, save on important personal grounds.
|
(3) Persons affected may have recourse to the courts in accordance with paragraph (4) of Article 19.
|
(4) Details shall be specified by a statutory instrument issued by the Federal Government with the consent of the Bundesrat.
|
Basic Law of Germany |
Preamble |
Basic Rights |
Federation and the Lander |
Bundestag |
Bundesrat |
Joint Committee |
Composition Rules of procedure |
Federal President |
Federal Government |
Federal Legislation |
Execution of Federal Laws |
Joint Tasks |
Judiciary |
Finance |
State of Defence |
Transitional and Concluding Provisions |