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Public service; recruitment of employees by the Free State of Bavaria

State authorities in Bavaria hire employees.

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Bayerisches Staatsministerium der Finanzen und für Heimat

Street address

Odeonsplatz 4
80539 München

Postal address

Postfach 22 15 55

80505 München

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Procedure details

The legal relationships of employees in the public sector are governed by the relevant collective agreements, the applicable laws (German 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 civil law employment contracts with the employees like any private employer. The German Civil Code, in particular sections 611 et seq. and the labor laws, therefore apply.

The employment contracts generally determine the basis of the individual employment relationship (employer, employee, start of the employment relationship, pay grade, duration of the employment relationship, ancillary agreements). The other long-term employment conditions (remuneration, continued payment of remuneration, leave, etc.) are governed by the collective agreement for the public service of the federal states (TV-L). The company pension scheme is regulated in separate collective agreements.

The collective agreements also apply to employees who are not bound by collective agreements by way of reference in their employment contracts; the application of the relevant collective agreements is agreed with the employees regardless of union affiliation. The collective agreements for the public sector are concluded on the employer side by the Tarifgemeinschaft deutscher Länder (TdL). Bavaria is a member of the TdL. As a party to the collective agreement, Bavaria therefore only concludes its own collective agreements if the TV-L contains an opening clause for a state district collective agreement. Furthermore, 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.

There are a number of working conditions (e.g. place of work, type of work to be performed) that are not regulated in the employment contract. The employer must specify these at the latest in a record in accordance with the Verification Act; the employer signs the record and hands it to the employee. There are three different deadlines for handing over the required information. For reasons of practicability, the record in accordance with the Evidence Act should be handed over with all the information by the earliest deadline - i.e. on the first day of work.

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

Complaint to the labor court
  • Labor court proceedings; filing a complaint with the labor court

    Court decisions contain information on legal remedies and the applicable time limit.

    Legal remedies are appeal, revision and complaint.

    Appeals against judgments of the labor court are lodged with the regional labor courts. An appeal can only be lodged if the value of the subject matter of the appeal exceeds EUR 600.00 or if it concerns a dispute over the status quo (e.g. dismissal) or if the appeal has been permitted in the judgment of the labor court. The appeal must always be allowed if the case is of fundamental importance or if the case concerns legal disputes between parties to collective agreements arising from collective agreements or concerning the existence or non-existence of collective agreements. The time limit for appeal is one month, the time limit for the statement of grounds for appeal is two months from the date of service of the judgment of the first instance in full form, but no later than five months after delivery. In certain cases, an appeal may be lodged against a judgment of the labor court to the Federal Labor Court (i.e. without prior appeal proceedings).

    An appeal on points of law can be lodged with the Federal Labor Court against the judgment of a regional labor court if it has been granted by the regional labor court or by the Federal Labor Court in response to a complaint against denial of leave to appeal. The time limit for the appeal is one month, the time limit for the statement of grounds is two months.

    The Regional Labor Court decides on appeals against other decisions of the Labor Court. All judgments and other decisions that can be appealed against with a time-limited appeal contain instructions on how to appeal.

Status: 18.03.2025
Editorially responsible for prodecure description: Bayerisches Staatsministerium der Finanzen und für Heimat
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