Fremdpersonal im öffentlichen Dienst

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Abstract The deployment of external staff is not only a phenomenon of the private sector, but also widespread in public service. Employees and officials are equally affected: Contractual employer and employing company do not always coincide. This study examines the legal classification of using such external staff according to German and European Union law, and examines the question of whether and to what extent the characteristics of the public service justify an exemption from the restrictions of the German employee lending law.

The first part is devoted to an inventory of using external staff in public service. The second part analyzes the legal structure of personnel secondment practiced by public employers, with special consideration of the provision of personnel according to Section 4, subsection 3 TVöD/TV-L (civil service collective agreement). The third part deals with the public sector as a "borrower" of staff. The intended exemption for labour leasing based on civil service collective agreements is questioned critically.