Dienstrecht

Dienstrecht is the legal framework that governs the relationship between the state and individuals employed in the public sector. It encompasses rules for recruitment and appointment, status, rights and duties, pay and pensions, working time and leave, and the termination or retirement from public service. The field blends constitutional law with civil service law (Beamtenrecht) and public-sector employment law (Arbeitsrecht im öffentlichen Dienst).

In Germany, public service law differentiates civil servants (Beamte) who hold a special status, and public employees (Angestellte, Arbeiter im öffentlichen Dienst) who are subject to ordinary labor law. Beamte typically enjoy tenure, a loyalty obligation, and a set of career rules, with their relationship regulated by federal and state laws such as the Bundesbeamtengesetz (BBG) and Landesbeamtengesetze, as well as specific pay scales (Besoldung) and career pathways (Laufbahn). Public employees fall under general labor law and collective agreements (for example TVöD or TV-L), while still being governed by overarching service-law provisions on service duties, dismissal protections, and public obligations.

Core components of Dienstrecht include the Laufbahn and Aufstieg (career path and advancement), Besoldung or Entgelt (salary structure), Arbeitszeit and Urlaub (working time and leave), Versorgung (pension), and Disziplinarrecht (disciplinary law). The framework is supported by constitutional principles, notably Article 33(5) of the Grundgesetz, which outlines the special status and loyalty requirements of civil servants and the division between public and private employment in the public sector.

In Austria, Dienstrecht similarly regulates civil servants and public employees, with standards codified at federal and provincial levels. The term denotes the structured and distinct legal regime governing public service across German-speaking countries.