!!!Beamte
Civil Servants (German: Beamte), persons who are subject to employment
under public law, the employer being a federal, provincial or
municipal authority ( Territorial Authorities). Employment is not
created by means of a service contract, but through a unilateral act
of the sovereign authority (Bescheid, approx. notice of a decision).
In Austria, civil servants are initially appointed on a provisional
basis and are later awarded tenureship (appointed for life).
Employment is governed by the Civil Service Code, and agreements
deviating from these regulations are invalid.
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The following principles apply to all civil servants: strict
allegiance, duty of obedience, official secrecy, liability for losses
caused in the course of the performance of their duties, criminal
responsibility for their conduct as officials, special disciplinary
law and pension scheme. Civil servants are appointed for life, and
therefore their employment relationship is not terminated when they
retire but is merely changed.
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Since Austria became a member of the European Economic Area (EEA),
Austrian citizenship as a requirement to be appointed as a civil
servant has only been necessary in the core areas of public
administration.
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Sometimes, other groups of employees are called Beamte, namely those
whose contractual relation is also characterised by high job security,
e.g. persons working in a bank or for the Austrian Federal Railways.
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History: From the late 15%%sup th/% century on, Austrian princes as
well as the Estates had civil servants to carry out their
administrative affairs. Later on, landlords also employed such
officials. It was under the rule of the emperors Joseph II and
Franz I that government officials were endowed with more rights
(tenureship, pensions), but at the same time their duties increased.
Ever since, the civil service has developed as a distinct social group
which has become characteristic of public administration. The civil
service grew considerably after 1850 when lower grades and court
officials were included. In the last third of the 19%%sup th/%
century, it exercised a uniting function in a state that was home to
many different ethnic and linguistic varieties and was threatened by
nationalistic tendencies. In the First Republic, the body of public
officials was taken over (with their previous titles), and employees
in other areas (railway and postal service) were given civil servant
status. During the Second Republic, the responsibilities of public
administration again increased, and with it the number of civil
servants employed with federal, provincial and local authorities
soared (today approx. 700,000).
!Literature
H. Kocian und G. Schubert, Beamten-Dienstrechtsgesetz
1979, Loseblattsammlung, 1980ff.; B. Schimetschek, Der
oesterreichische Beamte, 1984.
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