Law

Wolfgang Löwer

Wieviel Vertragsfreiheit verträgt die Besoldung von Hochschulleitungen

Section: Treatises
Wissenschaftsrecht (WissR)

Volume 46 () / Issue 4, pp. 313-329 (17)

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Salary law is based on the principle of legality. Offices are assessed and are then allocated to an appropriate salary. University professors' salary law has long been characterized by the particularity that in addition to the regular salary, there are also various forms of additional remuneration based on the principle of give and take: Acceptance of a post in exchange for performance orientated earnings etc. In times of New Public Management the structure governing the remuneration of supervisory staff has become unclear. The salary is negotiated in a dialogue between the elected rector/president who is not yet in office and the university council. However, it must not be overlooked that the university management is an office which a grade must also be applied to. Under the aspect of the protection of the vested rights, »mobility« towards a higher salary scale is possible for office holders who already earn a higher salary when taking the office or for the elected candidate who has been recruited from abroad or one who has the option of going abroad. As far as candidates are concerned that are to be recruited from the private sector, an unlimited protection of vested rights cannot be guaranteed. It is to be expected that those candidates with a higher salary coming from the private sector who apply for the post of rector/president wish to do so based on the motivation of the appeal of the management task and not for the money alone. There is the possibility of receiving »performance bonuses for particular achievements« within the regime of the W-salary scale also for rectors/presidents; technically, however, it is difficult to specify concrete performance targets.
Authors/Editors

Wolfgang Löwer Geboren 1946; 1978 Promotion; 1984 Habilitation; seit 2006 Richter am Verfassungsgerichtshof Nordrhein-Westfalen; Professor für Öffentliches Recht und Wissenschaftsrecht, Rheinische Friedrich-Wilhelms-Universität Bonn.