Federal Overtime Compensation Ordinance

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Basic data
Title: Ordinance on the granting of overtime pay for federal civil servants
Short title: Federal Overtime Compensation Ordinance
Abbreviation: BMVergV
Type: Federal Ordinance
Scope: Federal Republic of Germany
Legal matter: Salary law
References : 2032-1-10
Original version from:
Entry into force on: August 1, 1977
New announcement from: November 4, 2009 ( BGBl. I p. 3701 )
Last change by: Art. 4 VO from January 8, 2020
( I, p. 27, 29 )
Effective date of the
last change: 		predominantly January 1, 2020
(Art. 14 of January 8, 2020)
Weblink: Text of the BMVergV
Please note the note on the applicable legal version.

The Federal Overtime Compensation Ordinance ( BMVergV ) regulates the remuneration of overtime for federal civil servants with rising salaries ( salary groups A 2–16, R 1 and R 2, W 2 and W 3).

content

Civil servants with official salaries can work in the areas of medical and nursing services in hospitals, clinics and sanatoriums, in the operational service of the federal railway assets , in the service of the successor companies of the Deutsche Bundespost , in the clearance service of the customs administration , in the police enforcement service , in the emergency service of the professional fire brigade and in the school service as a teacher for Overtime will be granted remuneration.

In other areas, overtime can be done within the framework of a duty on standby , a shift work , a generally applicable special duty roster, if the nature of the duty requires it, a duty that consists exclusively of similar, essentially the same working hours, for which the The employer has introduced guideline values ​​or overtime pay is granted to a service to bring about a result that cannot be postponed and that is bound by deadlines in the public interest .

Overtime pay is not granted in addition to remuneration for civil servants in the service of the Bundeswehr fire brigade ( § 79 BBesG ) [outdated] , foreign service remuneration and foreign employment surcharge . It will probably not be granted until January 1, 2020 [out of date] in addition to the so-called " ministerial allowance ", the intelligence service allowance , the BSI allowance ( No. 8b preliminary remarks on Annex I BBesG ) and the Bundesbank allowance ( § 2 BBankPersV ). Since aspirants, as civil servants on revocation in preparatory service, do not receive remuneration, but rather candidate remuneration, they do not fall under the scope of this regulation.

Remuneration is only granted if the overtime was performed by civil servants for whom civil servant-law working time regulations apply, it was ordered or approved in writing or electronically, cannot be compensated for by time off within one year for compelling business reasons and which results from the regular weekly working hours the resulting working time by more than five hours per calendar month (minimum number of hours). If the monthly overtime calculation results in a fraction of an hour, 30 minutes and more are rounded up to a full hour, less than 30 minutes are not taken into account.

The hourly remuneration since April 1, 2019 is: [outdated]

  1. in grades A 3 and A 4 13.31 euros,
  2. in grades A 5 to A 8 15.72 euros,
  3. in grades A 9 to A 12 EUR 21.60,
  4. in grades A 13 to A 16 29.73 euros.

See also

Individual evidence

  1. ↑ mainly affects the Bundeswehr hospitals
  2. ^ Deutsche Post , Deutsche Telekom , Postbank
  3. ↑ mainly concerns the Bundeswehr fire brigades
  4. ↑ mainly concerns the teachers of the Bundeswehr technical schools and the German schools abroad .
  5. ↑ Ordinance amending service regulations on the occasion of the Salary Structure Modernization Act. BMI, May 27, 2019, accessed on September 12, 2019 (pp. 14, 18).