Real estate can be a sideline
Section 40 sentence 1 BeamtStG stipulates for the federal states that secondary employment is generally notifiable. According to p. 2, it is to be made subject to permission or prohibition, as far as it is likely to impair business interests. Thus, in § 40 sentence 1 BeamtStG only a minimum requirement is specified, from which the states can deviate in exceptional cases, e.g. by waiving the notification obligation. However, the federal states can also enact stricter regulations by, for example, stipulating a prohibition in individual cases, a reservation of permission in individual cases, or a basic authorization requirement.
Under federal law, the secondary employment of civil servants is regulated in §§ 97 ff BBG. Paid secondary employment, apart from certain exceptions, is generally subject to approval (§§ 99f BBG). The writing, scientific or research activities as well as the own asset management are only notifiable. Activities for trade unions or self-help institutions do not require approval or notification (100 para. 1 no. 3 BBG), see below.
The notification of a secondary activity must be made before the secondary activity is commenced; As a rule, this should contain the evidence required for the decision of the competent service authority, in particular about the type and duration of the secondary activity as well as remuneration and pecuniary benefits. Changes are generally to be reported immediately.
With regard to the reservation of permission and prohibition, it should also be stated whether, from the civil servant's point of view, the secondary activity is likely to adversely affect the interests of the service
A basic authorization requirement is at federal level (§§ 97 ff. BBG), in Baden-Württemberg (§§ 60 ff. LBG BW), Bavaria (Art. 81 ff. BayBG), Berlin (§ 60 ff. LBG Bln), Hesse (§§ 71 ff. HBG), North Rhine-Westphalia (Sections 48 ff. LBG NRW), Rhineland-Palatinate (Sections 82 ff. LBG RhPf), Thuringia (Sections 49 ff. ThürBG).
From onebasic notification requirement with reservation of permission or prohibition go from: Brandenburg (Sections 83 ff. LBG Bbg), Bremen (Sections 70 ff. BremBG), Hamburg (Sections 70 ff. HmbBG), Mecklenburg-Western Pomerania (Sections 70 ff. LBG MV), Lower Saxony (Section Sections 70 ff. NBG), Saarland (Sections 84 ff. SBG), Saxony (Sections 101 ff. SächsBG), Saxony-Anhalt (Sections 73 ff. LBG LSA), Schleswig-Holstein (Sections 70 ff. LBG SchlH).
Civil servants can only pursue other activities to a limited extent in addition to their main office. The possibilities to take on secondary employment are designed differently depending on the type of activity. At the federal level, secondary employment generally requires the approval of the superior (Secondary activities subject to approval - Section 99 BBG).
According to Section 99 (1) sentence 2 BBG, approval is also required for unpaid secondary activities such as joining a company body with the exception of a cooperative (Section 99 (1) sentence 2 No. 3 BBG).
Approval is to be refused if it is to be feared that the sideline activity will impair business interests. Such a reason for refusal exists according to § 99 Abs. 2 S. 2 Nr. 1-6 BBG, in particular, if the secondary activity
- the type and scope of the workforce is so heavily used that the civil servant can no longer properly perform his official duties, (is generally assumed if the time required for one or more secondary jobs per week exceeds one fifth of the regular weekly working hours or if the total amount of remuneration for one or more secondary jobs exceeds 40% of the annual final basic salary of the civil servant)
- can bring the official into a conflict with his official duties,
- is exercised in a matter in which the authority or body to which the civil servant belongs is or can be active,
- can influence the impartiality or impartiality of the civil servant,
- can lead to a significant restriction of future business usability or
- can be detrimental to the reputation of the public administration.
These principles also apply in a comparable way in those countries that only assume an obligation to notify the reservation of prohibition.
Secondary activities which by their nature do not give rise to a risk of conflict with the interests of the service do not require approval before they are taken upSecondary activities that do not require authorization - Section 100 (1) BBG). These include, among others. all activities that can be assigned to privacy, such as. the administration of own assets, but also literary, scientific, artistic and lecture activities as well as activities to safeguard professional interests in trade unions, professional associations or self-help institutions of civil servants. However, if such secondary activities are carried out for remuneration, they must be reported to the superior before starting the activity. Irrespective of this, the supervisor can prohibit outside activities that do not require a permit if their performance violates official duties (Section 100 (4) BBG). This also applies if these are notifiable.
This is to be distinguished from the part-time job (Sections 97 (2), 98 BBG). This is about additional activities in the public service that do not belong to your own area of responsibility, but which are reasonable after previous training and professional training. Here civil servants are obliged to carry out this activity at the request of the service authority. Examples are examination or training tasks.
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