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Teachers at primary and secondary schools, special schools, schools for the sick and vocational schools (excluding FOS/BOS); ordering overtime

  • Brief description

    The governments can order overtime for teachers at special schools and schools for the sick. In the area of primary and secondary schools and vocational schools (except FOS/BOS), the state education authority or the school is authorized to issue such orders.

  • Description

    One way of preventing lessons from being canceled is to order temporary overtime.

    Teachers as civil servants in the school service are subject to the regulation on working hours for the Bavarian civil service (Bayerische Arbeitszeitverordnung - BayAzV) as amended. The regular working time stipulated in § 2 Para. 1 BayAzV corresponds to the compulsory teaching time of teachers including preparation and follow-up work for lessons as well as the time required to fulfill official duties outside of lessons. Overtime in the teaching profession occurs when teachers, due to compelling official circumstances, give lessons over and above the regular individual weekly compulsory teaching time.

    According to Art. 87 Para. 2 Sentence 1 of the Bavarian Civil Service Act, overtime may be ordered if this is required by compelling official circumstances and the overtime is limited to exceptional cases. Before ordering additional work, it must be checked whether the lessons cannot be taught by suitable part-time teachers or substitute teachers. Unless otherwise stipulated by the State Ministry of Education and Cultural Affairs, overtime may only be ordered for lessons (e.g. compulsory lessons, compulsory elective lessons, afternoon lessons, etc.) that would otherwise have to be canceled after all other possibilities have been exhausted.

    At vocational schools that use a teacher teaching account (LZU), there is no overtime subject to compensation (KMS dated 04.10.2016).

    Overtime must always be ordered or approved in writing.

    The person responsible for ordering and approving overtime is

    • the state education authority for primary and secondary schools,
    • in the area of special schools and schools for the sick, the governments and
    • in other school areas, the head teacher.

    Overtime may not be ordered for, among other things

    • Civil servants on revocation in the preparatory service,
    • pregnant and breastfeeding civil servants,
    • severely disabled persons, if they have requested exemption from overtime

    For teachers as employees, the provisions of civil service law apply with regard to overtime (Section 44 No. 2 of the Collective Agreement for the Public Service of the Federal States).

  • Prerequisites

    According to Art. 87 Para. 2 Sentence 1 of the Bavarian Civil Service Act, overtime can be ordered if this is required due to compelling official circumstances and the overtime is limited to exceptional cases.

  • Deadlines

    as soon as possible before the overtime is granted

  • Forms

  • Legal basis

  • Further links


Responsible departments

Responsible employees