What gifts are teachers, police officers, etc. allowed to accept and what is generally forbidden?
A voucher, a box of chocolates or even free tickets to a football game: public sector employees should think carefully about whether to accept any kind of gift, as special rules apply. The Federal Ministry offers guidelines that civil servants and employees can use to determine whether accepting a gift is permitted or prohibited.
Where are the boundaries?
The rules for gifts to public sector employees are clear. The Federal Ministry’s guidelines state that public service employees must avoid and reject anything that gives the impression that their work can be influenced from outside. This includes rewards, gifts or the granting of other benefits. Exceptions to this ban must be approved by the respective highest service authority. It is therefore advisable to politely decline any form of “personal attention” to be on the safe side.
Gift offers must be communicated
Anyone who would still like to accept a gift but is unsure whether this is permissible is advised to check with their superior. In many federal states, this is even required by law and public sector employees are obliged to communicate any material offers to their employer. The Bavarian administrative regulations, for example, contain an entire catalog that lists specific “free donations”. Payments of money, vouchers or items for private use must be reported to the employer immediately. But special benefits for private transactions, the granting of discounts, taking you on holiday trips, entertainment and the provision of accommodation also fall under this regulation and must be stated without being asked.
Exceptions prove the rule
Only the employer can approve all of these forms of benefits in exceptional cases. Of course, everything that goes in the direction of accepting advantages or even corruption must generally be prevented, even without a proven advantage. However, there is an exceptional case that allows the acceptance of a gift, as so-called “low-value tokens” are permitted. In principle, it is permitted to accept gifts worth up to ten euros. In general, these “low-value considerations” fall into a kind of gray area and are not subject to any explicit legal regulation. However, the civil service regulations provide for a so-called “tacit approval” for minor gifts, which makes acceptance permissible.
Editorial team finanzen.net