Germany: the federal administrative court thinks that using civil servants “like agency workers” is contrary to the Constitution

In three rulings rendered on September 18, 2008, the Leipzig Federal Administrative Court gave satisfaction to civil servants (Beamte) from Berlin who were "herded" in an internal employment company (Stellenpool) and used as temps in the different administrations of the city. It also confirmed a similar ruling at Deutsche Telekom. These decisions comfort the civil servants in the public service and privatized public corporations which are trying to find solutions to reduce their workforce. (Ref. 080729)
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The rulings rendered by the federal administrative court (BVerwG 2 C 126.07 / BVerwG 2 C 3.07 / BVerwG 2 C 8.07) may seriously slow down the new structures created in some public services and private companies which are trying to reclassify surplus civil servants after a restructuring. Indeed, they have job security for life and cannot be dismissed.

A structure to reclassify surplus civil servants. For public companies which adopted a private status or were privatized (Deutsche Post, Deutsche Te

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