Teachers and other school staff at primary and secondary schools, special schools, schools for the sick and vocational schools (excluding FOS/BOS); notification or application for approval of secondary employment
Brief description
Teachers and other school staff at primary and secondary schools, special schools, schools for the sick and vocational schools (excluding technical secondary schools and vocational secondary schools) must always report any secondary employment and, if necessary, have it approved.
Description
Civil servants require prior approval to take on secondary employment, unless the secondary employment is exempt from approval under Article 82 (1) of the Bavarian Civil Service Act. In certain cases, approval is deemed to have been granted generally.
The respective government is responsible for approving secondary employment for teachers and other school staff at primary and secondary schools, special schools, schools for the sick and vocational schools (excluding technical secondary schools and vocational secondary schools).
The respective head teacher or, in the case of primary and secondary schools, the respective state education authority is responsible for approving part-time teaching, lecturing and educational work of up to six hours per week.
Employees covered by collective agreements must notify their employer in writing of any secondary employment for remuneration in good time before taking up the activity, stating the type, content and scope. The secondary employment is not subject to the employer's approval. However, the employer has the option of prohibiting secondary employment or imposing conditions if the secondary employment could adversely affect contractual obligations or legitimate interests of the employer. Reasons for prohibition could also be, for example, reasons for which a comparable civil servant would be refused permission to carry out secondary employment.
Prerequisites
Official interests must not be impaired by the secondary employment.
Employees covered by collective agreements:
- Secondary employment may only be performed outside regular working hours.
- The secondary employment may not exceed the maximum daily working hours permitted under the Working Hours Act (8 or 10 hours).
For full-time teachers on an employment contract, the so-called quarter rule applies (Section 13 (2) no. 1 of the Teachers' Service Regulations).
Deadlines
The application for approval or notification of secondary employment must be submitted in good time before the start of the secondary employment.Forms
Legal basis
- Art. 81 et seq. of the Bavarian Civil Service Act (BayBG)
- Ordinance on the Secondary Employment of Civil Servants (Bavarian Secondary Employment Ordinance - BayNV)
- § Section 13 (4) sentence 2 Service Regulations for Teachers at State Schools in Bavaria (Teacher Service Regulations - LDO)
- § Section 3 (4) of the Collective Agreement for the Public Service of the Federal States (TV-L)
- § Section 40 Act on the Regulation of the Status of Civil Servants in the Federal States (Civil Servant Status Act - BeamtStG)
Procedure
The application for approval/notification of secondary employment must be submitted to the competent authority.