Definition and General Legal Principles of Part-Time Referendariat
Das Part-time Referendariat refers to the possibility of completing the traditional preparatory service model, especially in legal and educational vocational training, in a reduced time format. This contrasts with the full-time referendariat and is primarily aimed at appropriately considering individual life circumstances such as parenthood, the care of relatives, or health impairments.
Historical development
The establishment of the part-time referendariat originated from the growing demands for flexibility in vocational training. Initially, the model existed primarily in teaching, but in the early 2000s it increasingly found its way into preparatory service for legal professions. Societal demands for the compatibility of family and work, in particular, were a significant reason for corresponding legislative changes.
Legal regulations and sources of law
Federal and State Governments – Different Regulations
The legal structure of a part-time referendariat in Germany is subject to the individually regulated provisions of the federal states and the relevant administrative regulations or service orders.
1. Legal preparatory service regulations (Legal Referendariat)
The key regulations are contained in the German Judiciary Act (DRiG), §§ 5 et seq., which under federal law sets the framework for training as a fully qualified lawyer. In addition, there are state-specific administrative regulations and training ordinances that further specify the part-time model, such as the legal education and examination regulations (JAPO) of the individual states.
2. Teacher training referendariat
In the school sector, the options for a part-time referendariat are governed by the respective teacher training laws and supplementary ordinances of the federal states. Here, the Civil Servant Status Act (BeamtStG), the Federal Civil Servants Act (BBG), as well as relevant ordinances (e.g., teacher training ordinances) play a central role.
Requirements for approval of a part-time referendariat
Recognition generally requires a written application. Permissible reasons are essentially:
- Care for minor children
- Care for close relatives
- Own health limitations
Applications are decided by the relevant training or service offices, usually in compliance with the principle of equal treatment and the provisions of the General Act on Equal Treatment (AGG).
Structure and course of the part-time referendariat
Reduction in scope of duties
In most federal states, the regular working hours are reduced by one third to half; accordingly, the total duration of the referendariat is extended. For example, a 24-month referendariat extends up to 48 months under a 50% part-time arrangement.
Training content and examination requirements
The content requirements, in particular the prescribed training material and the examination requirements, correspond to those of full-time preparatory service. Trainers remain obliged to allow part-time trainees to participate in the standard examinations and performance assessments unless there are substantial reasons for exclusion.
Accompanying service obligations
Even in part-time, referendare are required to participate in work groups, classroom visits, training stations, and written exams. Adjustments to individual working hours must be coordinated with the respective training locations.
Legal consequences and impacts
Impacts on remuneration, payment, and social insurance
Remuneration is generally paid proportionally to the scope of employment. In terms of social security law, part-time employees are considered mandatory insured, and contributions are also calculated proportionally. For prospective civil servants on revocation who regularly attend their referendariat, there are no disadvantages regarding their subsequent civil servant status, provided they meet the required training and examination standards.
Protection mechanisms and rights
Part-time referendare enjoy the same rights and obligations as full-time trainees. Anti-discrimination laws and equal treatment provisions ensure equal opportunities for exams, training access, and career paths. Disadvantages due to part-time employment are not permitted and may be subject to legal review.
Case law and administrative practice
Court decisions
Specialist courts (particularly administrative and labor courts) have recognized the right to complete referendariat in part-time in various judgments, provided there is a legitimate interest. Courts regularly emphasize that the principle of equal opportunity and freedom of career choice (Art. 12 Basic Law) must be observed.
Practical implementation in the federal states
The practical implementation varies by state. Some federal states offer structured guidelines for part-time models, while others regulate this on a case-by-case basis. Opportunities for further training, support services, and access to advisory services are regulated differently across the country.
Current developments and outlook
In the course of further flexibilization of the working world and increased promotion of work-life balance, atypical training models are gaining importance. The state governments are continuously examining adaptation and expansion opportunities to further enhance the attractiveness of public service and vocational training.
Summary
The part-time referendariat offers a legally secure option to undertake preparatory service while taking individual life circumstances into account. The legal foundations are spread across different federal and state regulations and generally require a justified application. The number of part-time referendare is steadily increasing as the model gains more recognition in practice. Despite the diversity of state-specific regulations, equal treatment of all referendare is a key legal principle.
Frequently Asked Questions
Under what legal requirements is a part-time referendariat possible?
A part-time referendariat is essentially subject to the respective state regulations, as civil service law and the legal framework for preparatory service (referendariat) are regulated differently in each federal state. The central legal basis is usually the respective state civil service law and supplementary administrative regulations for preparatory service. In most states, compelling reasons must be proven, such as caring for children under 18, caring for relatives, or serious health restrictions. Approval is granted upon application and often requires supporting documentation (e.g., birth certificate, medical certificate, official care certificate). The application must be submitted to the competent training authority or the relevant state examination office and is examined individually; there is usually a legal entitlement only if statutory requirements are expressly met.
How does part-time affect the overall duration of preparatory service?
According to the legal requirements, the duration of the referendariat is extended proportionally to the reduction in working hours in the case of part-time. Part-time service is usually permitted to the extent of 50% to 75% of regular training time. This means that a reduction to 50% of working hours increases the standard duration from, for example, 24 months to 48 months. The exact extension is regulated by the applicable training ordinances and administrative instructions in each state. Neglecting the proportional increase in duration may otherwise result in incorrect crediting and problems with admission to the second state examination.
Are there legal differences between the federal states regarding the part-time referendariat?
There are substantial legal differences between the individual federal states concerning the organization of part-time referendariats. These differences concern the application modalities, recognized reasons for part-time, the granted number of hours, and the provisions governing the minimum and maximum duration of preparatory service. While some states, such as North Rhine-Westphalia or Berlin, allow applications for part-time referendariats relatively generously and with fewer documentary requirements, others impose stricter conditions and permit part-time only in special exceptional cases. Other differences concern the time limit for part-time applications and the possibilities for early return to full-time status.
What are the effects of part-time referendariat on civil servant status and remuneration?
Legally, the status as a civil servant on revocation remains unchanged during preparatory service, even for part-time. However, remuneration is reduced proportionally in accordance with the relevant salary regulations for civil servants on revocation, with the amount of remuneration adjusted to the scope of employment. Any supplements, such as family allowances, are reduced according to the proportion of employment. Especially regarding civil service health benefits and pension entitlements, there may be specific impacts depending on the place of residence and federal state, which may result in reduced entitlements.
How does part-time affect leave, maternity protection, and other civil service entitlements?
Entitlements to annual leave, maternity protection periods, and other statutory entitlements (such as special leave or entitlement to parental leave) in part-time referendariat are calculated according to the provisions of federal or state civil service law and the relevant implementing regulations. Leave is generally reduced proportionally to the scope of employment, but maternity protection and parental leave remain unaffected, as protection periods under the Maternity Protection Act (MuSchG) and the Federal Parental Allowance and Parental Leave Act (BEEG) are granted regardless of employment scope. As an example, leave during maternity protection can be granted in full, independent of the extent of part-time employment.
Can the part-time referendariat be converted to full-time in advance, and what legal requirements apply?
Conversion from a part-time referendariat to a full-time position is in principle legally possible, but it also requires a formal application to the relevant training authority. The legal basis for this is found in the respective legal provisions of preparatory service and career regulations. As a rule, the original reason for part-time or another legitimate interest must be credibly demonstrated. It may also be contractually stipulated by when before the desired change this application must be submitted (e.g., six weeks prior). The change affects the further course and remaining duration of the referendariat according to the new scope of employment. Retroactive conversion is generally excluded.
Can disadvantages arise in the examination or in the transition to a permanent civil servant position?
Part-time trainees may not be disadvantaged in examination procedures compared to full-time trainees. Examination content, requirements, and assessment criteria are standardized nationwide and must meet the same standards. When being taken on as a permanent civil servant, no disadvantages may arise from the part-time referendariat; however, all requirements listed in the state civil service law and career regulations, such as completion of all training stations and successful examination results, must be fully met. Only in terms of pension law can a longer training period have an effect, as waiting periods impact pensionable service and later pension entitlements.
These explanations do not replace comprehensive advice from the relevant training authority or state examination office, as the specific legal requirements of the individual states must always be observed.