Secondary Employment Ordinance

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Secondary employment regulations regulate professional secondary employment outside of the employment relationship in civil service law . For federal civil servants , they are regulated in the Federal Secondary Employment Ordinance (BNV) or in corresponding ordinances of the federal states for civil servants in the federal states and municipalities . In some cases, separate regulations have been issued for teachers .

For employees of the public service , the regulations, the previously § 11 Federal Employees collective agreement referred to, because § 3 of the TVöD since 1 October 2005 stops.

In the secondary employment regulations, some of which show significant differences, a distinction is regularly made according to:

  • Activities that are not secondary activities, but which are in some cases notifiable; these are usually honorary positions ,
  • Notifiable secondary employment (mostly scientific contracts, writing, preparation of reports),
  • Secondary activities requiring approval (these are all others), whereby in some cases a general permit is deemed to have been granted, insofar as secondary activities with very low remuneration, which tend to have the character of a reimbursement of expenses , are concerned. In some cases, a distinction is made between secondary employment within and outside the public service. Travel costs, accommodation costs and the reimbursement of other non-flat-rate expenses are usually not regarded as remuneration (remuneration).

If a secondary activity is subject to approval, the civil servant may only carry out this after approval has been given. Approval can be refused if business interests can be impaired.

The definition of secondary employment and the need for approval are regulated for federal civil servants in §§ 97 ff. BBG . The application for approval of a secondary activity is form-bound and must be in writing. It must already contain all information essential for the decision of the service authority, in particular information on remuneration or benefits in kind. With the application, the civil servant must also provide all the necessary evidence that enables the reasons for refusal to be examined. The application should contain the following information (see also circular from the Federal Ministry of the Interior on the implementation of the Second Secondary Employment Limitation Act of September 3, 1997 - D 11 - 210 295/33 a)

  • Type of secondary employment
  • Temporal scope of secondary employment
  • Contractor or employer
  • Remuneration to be expected from secondary employment.

If certain annual remuneration is exceeded in the context of secondary employment, there is a reporting obligation and, under other conditions, an obligation to pay the employer .

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