Legal traineeship and career in the public sector
The legal traineeship (Referendariat) is a central element of training for many professions within the public sector in Germany. It combines theoretical and practical training phases and serves as preparation for a later career in various governmental institutions. The term is particularly used in the context of teacher training, administrative service, as well as other areas of the public sector. Upon successful completion, the traineeship opens up diverse career opportunities within the public sector with specific legal frameworks.
1. Definition and legal foundations of the legal traineeship
1.1 Definition of the legal traineeship
The legal traineeship refers to a preparatory service that follows a university degree and serves as practical professional training. The aim is to impart the skills and knowledge required to independently perform a position in a state institution. It often requires what is called a “preparatory service” or a “public-law training relationship”.
1.2 Statutory regulations
The legal structure of the legal traineeship is organized on a federal-state basis and varies depending on the federal state as well as the type of traineeship (for example, teaching, administration, judiciary, technical service). The relevant regulations can be found in the corresponding state laws and ordinances. For the teacher traineeship, for example, the teacher training acts and training and examination regulations of the states apply. In non-pedagogical fields, the Civil Servant Status Act (BeamtStG), career paths laws, and internal administrative regulations govern the training relationship.
1.3 Legal status of trainees
Trainees are not in a classic employment relationship, but in a public-law training relationship, often as a civil servant on revocation. This entails specific rights and duties as well as a specific form of civil service law (e.g., duties arising from the civil servant relationship, confidentiality, taking an oath).
2. Course and content of the traineeship in the public sector
2.1 Phases of the preparatory service
Typically, the preparatory service is divided into different training sections:
- Introductory phase / Basic module: Teaching of fundamentals, introduction to the legal and organizational specifics of the chosen occupational field.
- Practical phases: Rotating placements in different training centers or authorities (e.g., schools, courts, governmental offices).
- Interim examinations and performance assessments: Regular evaluation of training performance through written exams, reports, classroom visits, or practical reports.
- Final phase: Preparation for and taking the second state examination or career examination, which is mandatory for later entry into the public sector.
2.2 Remuneration and social security
Trainees usually receive monthly pay, referred to as preparatory pay or maintenance allowance. The amount is determined according to salary scales (e.g., preparatory remunerations pursuant to the Federal Salary Act or corresponding state laws). Social security obligations vary depending on the status within the training relationship and the federal state.
3. Career paths in the public sector after the traineeship
3.1 Appointment and career law
After successfully completing the traineeship, graduates are appointed to a career path in the public sector. This is subject to the career law of the federal government or the states, which defines various career groups (e.g., intermediate, upper, and higher service) and access requirements. Decisive factors include examination results, staffing needs, and official assessments.
3.2 Professional groups and fields of activity
Classic fields of deployment after the traineeship include:
- Administrative service (in local, state, or federal authorities)
- School and education sector (as a teacher or school administration)
- Judiciary (judge, public prosecutor, judicial officer)
- Technical service (construction, environment, transportation)
- Other areas (e.g., customs, police, social administration)
3.3 Civil service status and permanent appointment
After the traineeship, a probationary civil service appointment usually follows. After a certain probationary period, and if performance is satisfactory, appointment as a tenured civil servant for life may be granted. The legal status is governed in particular by the Civil Servant Status Act (BeamtStG), the Federal Civil Servant Act (BBG), and supplementary state-specific provisions.
4. Special legal issues and current developments
4.1 Principle of equal treatment and admission requirements
Admissions requirements for the traineeship must comply with the principle of equal treatment, especially according to Article 3 of the Basic Law. Selection procedures must be transparent and nondiscriminatory. In recent years, legislative initiatives aiming at expanding admission requirements in the context of diversity and inclusion have been introduced.
4.2 Legal protection and examination appeals
Trainees have the option to challenge decisions made by training authorities or examination boards, such as those concerning examinations or official assessments, via administrative legal proceedings. This includes objection and lawsuit procedures before administrative courts.
4.3 Digitalization and continuing education obligations
The digital transformation increasingly requires trainees to have skills in the areas of e-government, data protection, and digital communication. Furthermore, after being appointed as a civil servant, there are various continuing education obligations, some of which are mandated by law (e.g., § 50 Civil Servant Status Act), to ensure individual development as well as official performance capabilities.
5. Summary
The traineeship is an essential form of training for the public sector, whose legal foundations are diverse and shaped by federal structure. It prepares individuals for demanding roles within governmental bodies, the judiciary, the education sector, and other occupational fields in the public sector. The subsequent career in the public sector is subject to specific legal frameworks, particularly with regard to civil service law, status law, and access to permanent civil servant status.
Literature and sources (selection)
- Civil Servant Status Act (BeamtStG)
- Federal Civil Servant Act (BBG)
- State civil service acts and career regulations
- Teacher training laws and examination ordinances of the federal states
This article provides a comprehensive and legally sound overview of the legal traineeship as well as career prospects and the legal frameworks in the public sector.
Frequently asked questions
What legal requirements must be met for entry into the legal traineeship in the public sector?
Entry into the legal traineeship in the public sector is subject to various legal requirements arising from federal and state provisions. As a rule, a completed relevant university degree (e.g., the first state law examination for the legal traineeship or a teaching degree for the teaching traineeship) is required. In addition, applicants usually have to meet the personal requirements under civil service law, particularly German citizenship or the citizenship of an EU member state and the commitment to uphold the free and democratic basic order within the meaning of the Basic Law at all times. Furthermore, health requirements (official medical certificate) and suitability regarding record of conduct (certificate of conduct without relevant criminal convictions) must be demonstrated. In individual cases, further state-specific requirements regarding age limits, prior internships, or examination grades may be imposed. These conditions must be fully met at the time of hiring for the traineeship; retroactive fulfillment is regularly excluded.
How is the legal relationship between trainees and the public sector structured during the traineeship?
During the traineeship, there is, by law, typically a public-law training relationship, mostly in the form of a civil service relationship on revocation. This means that trainees are neither regular probationary nor tenured civil servants, but civil servants on revocation serving special training purposes. The civil service relationship on revocation is defined by a special duty of care by the employer (§§ 78 ff. BBG / LBG) as well as compliance with official obligations by the trainees, including in particular the duty of confidentiality, loyalty, and diligent service. The civil service relationship on revocation ends either with completion of the traineeship or by revocation in case the requirements under civil service law are no longer met or in cases of serious breaches.
Which legal regulations apply regarding remuneration and provision during the traineeship?
Remuneration for trainees in the public sector is based on statutory regulations and is referred to as maintenance allowance. The legal basis is the relevant state civil service laws and the remuneration laws of the federal government and the states. The amount of maintenance allowance is usually set by law, but may be supplemented by family-related or location-based allowances. In addition, special social security provisions apply: during the public-law training relationship, trainees are generally not subject to compulsory pension, unemployment, or statutory health insurance, but must have private or voluntary health insurance with a subsidy from the employer. Entitlement to a civil servant pension only arises once a probationary or permanent civil servant relationship is established after successful completion of the traineeship.
Can trainees be held liable within the scope of their training relationship? What legal principles apply?
Trainees can be held liable for culpable breaches of duty within their public-law training relationship. In cases of simple negligence, the employer is primarily liable to third parties and can only seek recourse from the trainee in exceptional cases, such as gross negligence or intent. Civil liability towards third parties is governed by state liability law (Art. 34 GG, § 839 BGB), which designates the state as the primarily liable party for breaches of official duty. A disciplinary procedure may also be initiated against trainees if official duties have been violated in a significant way; possible sanctions include warnings, fines, removal from the preparatory service, or, in particularly serious cases, withdrawal of the civil service appointment.
What legal options and requirements exist for appointment to a regular civil servant relationship after completion of the traineeship?
Appointment to a regular civil servant relationship, either on probation or for life, after completion of the traineeship is subject to several legal prerequisites. In particular, the requirements for appointment under civil service law must be verified again, such as German citizenship (or EU citizenship), personal suitability, health suitability, as well as passing the relevant state or career examination. The selection procedure is conducted in accordance with the principle of merit under Art. 33 para. 2 GG, so that a selection is regularly made based on aptitude, qualifications, and professional performance. There is no legal entitlement to appointment; the appointment is an act of the employer, subject to observance of the application procedure and relevant budgetary regulations.
What legal requirements apply regarding secondary employment during the traineeship?
Trainees in the public sector are generally permitted to take on secondary employment, provided it does not conflict with their main training duties. However, according to the applicable secondary employment regulations of the federal government and the states, the performance of secondary employment must be reported in writing in advance or approved by the training authority. Secondary employment is prohibited if it interferes with the proper performance of official duties, violates official obligations, or if there is a conflict of interest with official matters. Furthermore, certain types of work, such as commercial or freelance activities in regulated professions, may be prohibited. Violation of these provisions may have disciplinary consequences.
What legal options exist for interruption or extension of the traineeship for personal reasons?
The traineeship can be interrupted or extended for certain legally defined reasons. These include, in particular, protection periods under the Maternity Protection Act, parental leave, illness, or other significant personal reasons. The legal regulations can be found in the relevant training ordinances or civil servant laws of the federal government and the states. During an approved interruption, the training relationship is usually suspended and the maintenance allowance may be partially discontinued. An extension of the preparatory service is generally only permissible for the duration of the recognized interruption, provided that maximum periods are not exceeded. The respective decision is made by the responsible training authority at its due discretion within the framework of statutory provisions.