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Secondary employment of civil servants

Secondary employment refers to work which is not part of the full-time or main form of employment; in other words, work which is not concerned with the execution of official duties. 

In principle, civil servants require prior permission to undertake any paid secondary employment. Decisions as to whether an exception can be made regarding the obligation to obtain permission are undertaken by the Human Resources Department on behalf of the president. Prior written notification for every type of secondary employment must be provided in good time and the secondary employment may only be taken up once permission has been given or exemption from the obligation to obtain permission has been provided.

Remuneration refers to every form of monetary payment, but also to benefits with a monetary value, such as accommodation and board.

Permission can be granted for a period of up to two years. At the end of this period, it is possible to re-apply for permission. 

Applications for permission to undertake secondary employment or notifications of secondary employment must include the necessary documentation.

In particular:

- Proof concerning the nature and scope of the secondary employment 

- Proof of the amount of payment (salary and benefits with a monetary value) 

- Information concerning whether and to what extent personnel, material und facilities are to be used.

If it is not possible to provide precise information at the time of submitting the application or providing notification, then estimated values should be provided. These estimated values should be confirmed or amended at a later date. Any substantial amendment is to be communicated immediately in writing. The duty to report also refers to the ending of secondary employment.

Conditions for undertaking secondary employment are restricted.

Secondary employment may only be undertaken outside of working hours. Exceptions may only be granted upon written application in cases where a particularly good reason exists, in particular if the secondary employment serves the public interest and as long as it does not conflict with official interests and if the working hours thus lost are to be made up at a later date.

Permission must be withheld if it is expected that the secondary employment will have a negative impact upon official interests.  This would be the case if, for example, secondary employment were to make such demands upon staff as to prevent fulfillment of official duties in proper form. This would apply to situations where the amount of time devoted to secondary employment exceeds eight hours a week.

Permission should, generally, also be denied if the secondary employment could be regarded as a second profession. Such forms of employment may not be pursued in addition to the principal form of employment. This regulation is to ensure that civil servants devote themselves fully to their profession. Criteria for deciding whether secondary employment constitutes a second profession or not are the nature and scope of the work as well as the amount of time it requires and the frequency with which it is undertaken. As an example, employment lasting several weeks within the lecture period should be carefully examined to see if it exhibits the characteristics of a second profession.

Similarly, it should be considered whether secondary employment undertaken on weekends or during periods of leave conflicts with the purpose of free-time and leave to provide an opportunity for rest.

Should civil servants be employed on a part-time rather than full-time basis, or if they are taking unpaid leave, they may only undertake paid secondary employment to the same extent as would be possible if they were employed full-time. Off-duty periods cannot be used for the purpose of increasing the amount of secondary employment undertaken. These points are based on the principle of full-time employment for life and the full commitment of civil servants to their work as established in the civil service laws.

For periods of part-time employment or periods of leave for the purpose of providing care, secondary employment may only be approved that does not conflict with the purpose for which leave or part-time employment was originally taken.

In cases of restricted capacity to work, the amount of time for secondary employment is to be proportionally reduced, i.e. in cases of a 50 % reduction in the capacity to work, the amount of time permissible for secondary employment is similarly to be reduced by 50 %.

In cases of disability for service, it is not permitted to undertake secondary employment as there is an obligation not to undertake activities that could hinder recovery.

For paid secondary employment with public service employers, payments exceeding a certain level in a calendar year are required to be returned.  Secondary employment in public service applies to employment with organizations, institutes or businesses, whose capital comes completely or partially from the public purse, or which are maintained by public funds.

Facilities, personnel or material of the employer may only be used for the purposes of secondary employment if:

-  the secondary employment serves a public or academic interest  

- prior written consent has been granted 

- if a suitable fee is paid for use. 

We request that you submit your application for approval to undertake secondary employment to Personnel via you supervisor. Additional information concerning the nature of the secondary employment as well as the scope and payment can be sent in a sealed envelope directly to the responsible party in Personnel and marked "application to undertake secondary employment to follow".

Personnel will check the application and take the appropriate decision concerning approval.

We would like to inform you that retrospective approval for secondary employment is not legally permissible. Please ensure that you provide notification of, or apply for, your intended secondary employment in good time.

Please note that more extensive regulations apply for professors. These can be found here [1].

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