In public services, it is to be distinguished between government employees and other employees. Government employees are continuously tasked with the execution of souvereign duties; they are basically not employees, but stand in a special professional relationship with their body of employment. To them, the traditional principles of the civil service are applied. Worthy of mentioning are e.g. public salary principles, the employer’s obligation to provide for the welfare of his employees, but also the government employee’s loyalty. Employees of public services are comparably not subject to civil service law.
The bottom line is that there is no difference between them and other employees. Yet, there are considerable peculiarities according to the tariff contracts for the public service (e.g. tariff contract for federal employees, tariff contract for the employees of the federation, the states and the communities, tariff contract for public services). These are complex regulations, which greatly influence the work relationship. Furthermore, in public services there are big differences in the area of company statutes. Here, the industrial constitution law is not to be applied instead the personell laws of the federation and the states are effective. Thus it is necessary to take these peculiarities into consideration for each case individually and accordingly, in order to avoid disadvantages in jurisdiction.