Contributions can be tangible or intangible
What exactly are grants? According to the Confederation of German Trade Unions (DGB), benefits are “all benefits that objectively improve the recipient’s material or immaterial status and to which he has no legal entitlement”. In addition to material and monetary values, this can also include monetary services such as admission tickets or vouchers.
In principle, employees of the federal administration are not allowed to accept anything
According to Section 331 of the Criminal Code, employees and civil servants in the public sector may not accept any gifts, benefits or rewards, otherwise there is suspicion of taking advantage in office or of corruption, which can be punished with up to three years imprisonment or a fine. According to the DGB, exceptions are thank-you gifts or promotional gifts of minor value, such as pens.
The PRO Kita-Verlag writes on its website that according to § 3 Abs. 2 TVöD (collective agreement for the public sector) you are not allowed to give any gifts or accept other perks. This also applies to free providers who use the TVöD or to employment for church providers. However, PRO Kita points out that you don’t have to reject every gift from your parents. The principle applies that gifts up to a value of 25 euros are tacitly tolerated by the bearer.
Federal administration employees also include teachers. In a blog, the school supplies provider Betzold refers to different regulations depending on the federal state. In some federal states, for example, gifts of as little as five euros per year and giver would be considered valuable and therefore illegal. In some federal states, it is also pointed out that the situation in which the gift is given is also relevant. Above all, gifts before an action such as the awarding of grades should be discussed with the school management and generally viewed as critical.
A case from 2011 caused a stir. As reported by Tagesspiegel Online, a Berlin teacher received a sculpture and flowers worth around 200 euros from her class as a graduation present. She was then reported by the father of a student, who was apparently himself a headmaster, and fined 4,000 euros.
Some states have specific requirements
According to the Tagesspiegel Online, after the incident from 2011 described, Berlin then decided on precise specifications for grants to teachers. Accordingly, gifts presented by the class community may cost a maximum of 30 euros. As before, individuals may make donations of up to ten euros. Gifts up to 50 euros must be reported to management and approval from the school supervisory authority must be obtained.
The education server of Rhineland-Palatinate writes on its website that if you want to be on the safe side, you should stick to a limit of ten euros for small gifts. And Sebastian Schumacher, press spokesman for the Lower Saxony Ministry of Education, explains to the HAZ that teachers are allowed to accept smaller gifts within the ten euro limit. But only if they come from the class community and not from individuals.
Rule of thumb also applicable to post office and city cleaning
As the HAZ further reports, postmen are also allowed to accept gifts with a value of up to 25 euros from satisfied customers. Even at Christmas, tips are usually below this amount anyway, Post spokeswoman Maike Wintjen explains to the newspaper.
According to the HAZ, the above-mentioned ten euro mark as a rule of thumb can also be found in city cleaning. “In an internal circular we remind in the run-up to Christmas that colleagues are not allowed to accept gifts such as cash for the coffee fund, tickets or other discounts in connection with their official work at Aha,” spokeswoman Helene is quoted as saying in the newspaper.
Ultimately, you should look at every donation critically and situationally, but not reject everything immediately. Finally, it is also possible that many givers are unaware of the rules that apply to some employees. School provider Betzold explains that it is best not to get into the situation in the first place and to clarify the topic with everyone involved at an early stage.
Deniz Pense / Editor finanzen.net
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