German Bishops Pass New Church Labor Law so that Employees who are Remarried after Divorce or in Gay Marriages will Not be Dismissed
After the ad limina visit to the Pope, the German bishops passed a new version of church labor law. It explains that, anyone who remarries under civil law after a divorce or who enters into a gay “marriage” will not be dismissed. It applies to the approximately 800,000 employees in the Catholic Church and its Caritas.“In its new version, the basic order applies to all fields of action of the church service and all groups of employees, regardless of their legal status. It has an effect on employees, church officials, clergy and candidates for the ordained ministry, members of religious orders, persons in the novitiate and postulancy, executives who are active on the basis of an organ service relationship (e.g. executives or board members), trainees and volunteers, the organ members where special ecclesiastical requirements for clerics and religious continue to apply.”
This is how the German Bishops' Conference describes the new version of ecclesiastical labor law in a press release. According to the institution-oriented approach, the employer and its managers bear the primary responsibility for protecting and strengthening the ecclesiastical character of the institution. The Catholic identity of an institution should be shaped by models, a Christian organizational and leadership culture and by communicating Christian values and attitudes.”
The DBK press release:
The DBK press release:
FULL TEXT: Bishops adopt “Basic Order of Church Service”
The plenary assembly of the Association of German Dioceses (VDD) today (November 22, 2022) with the required majority passed a new version of church labor law in the form of the "Basic Order of Church Service" as a recommendation for the German (arch)dioceses. It replaces the basic regulations of April 27, 2015, which were evaluated several years later. The articles of the constitution form the legal basis for the labor constitution of the Catholic Church in Germany. It applies to the approximately 800,000 employees in the Catholic Church and its Caritas.
The episcopal working group "Labor Law" set up for this purpose had the task of further developing the institution-oriented approach to church labor law. At the beginning of May this year, she presented the first drafts for a standard and an accompanying text for the amendment of the "Basic Order of Church Service". Many relevant stakeholders in the church service were included in a broad-based participation process - such as the federal working group of employee representatives, the labor law committee of the central KODA, the human resources commission of the VDD, the German Superiors Conference, the German Caritas Association and the working group of charitable companies. Since an action text on the basic order had already been discussed on the synodal path in the first reading and has now been passed in the second reading, one of the synodal forums was also asked for feedback. In addition, more than 100 responses from committees, institutions and interest groups were received by the end of August 2022. Overall, the response to the design was positive. In addition to the opportunity to participate, the new institution-oriented approach was particularly welcomed.
The reorganization that has now been passed comprises two documents: the text of the norm on the "Basic Order of Church Service" and the associated "Bishop's Explanations on Church Service". The main contents and innovations of both texts are:
The basic order is conceived as a "constitution of church service". The text of the norm not only contains specific labor or service regulations, but in particular also central statements on the structural features and basic principles of church service and essential characteristics of Catholic identity.
In its new version, the basic order applies to all fields of action of the church service and all groups of employees, regardless of their legal status. It has an effect on employees, church officials, clergy and candidates for the ordained ministry, members of religious orders, persons in the novitiate and postulancy, executives who are active on the basis of an organ service relationship (e.g. executives or board members), trainees and volunteers, the organ members are, whereby special ecclesiastical requirements for clergy and religious continue to apply.
The institution-oriented approach is also new. The previous, predominantly personal approach focused on the individual employee and their personal lifestyle. According to the institution-oriented approach, the employer and its managers bear the primary responsibility for protecting and strengthening the ecclesiastical character of the institution. The Catholic identity of an institution should be shaped by models, a Christian organizational and leadership culture and by communicating Christian values and attitudes.
This goes hand in hand with another important message of the new basic order: the core area of private life is not subject to any legal assessments and cannot be accessed by the employer. This legally untouchable zone includes in particular the relationship life and the intimate sphere. Apart from exceptional cases, leaving the Catholic Church remains an obstacle to hiring or a reason for dismissal, as in the previous version of the constitution. An anti-church activity is also an obstacle to hiring or continued employment.
According to the new law, religious affiliation is only a criterion for recruitment if it is required for the respective position. On the one hand, this applies to pastoral and catechetical services and, on the other hand, to those activities that shape the Catholic profile of the facility, are jointly responsible for it and represent it to the outside world. All employees are expected to identify with the goals and values of the Catholic institution as part of their work.
Diversity in church institutions is explicitly recognized as an enrichment like never before. Regardless of their specific tasks, their origin, their religion, their age, their disability, their gender, their sexual identity and their way of life, all employees can be representatives of God's unconditional love and thus of a church that serves people, as long as they have a positive Bring a basic attitude and openness to the message of the gospel, respect the Christian character of the institution and contribute to bringing it to bear in your own area of responsibility.
Today's resolution of the general assembly of the VDD is of a recommendatory nature; in order to be legally effective, it must be transposed into diocesan law in the individual (arch)dioceses.
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