Definition and significance of secondary employment during the legal traineeship
Secondary employment during the legal traineeship refers to any additional work carried out by legal trainees during their preparatory service outside of their statutory training duties. In general, secondary employment means activities undertaken alongside the main employment relationship – in the case of the legal traineeship, alongside the public-service training relationship with the public employer (usually the respective federal state). The legal framework for this is regulated in numerous federal and state legal provisions and is subject to specific conditions and restrictions.
Legal framework of secondary employment during the legal traineeship
The legal foundations for secondary employment during the legal traineeship can be found especially in the following regulations:
- civil service regulations that apply analogously to the preparatory service (including the Federal Civil Servants Act (BBG), Civil Servant Status Act (BeamtStG))
- state ordinances and decrees regarding preparatory service (e.g., state laws and regulations on legal training)
- specific provisions in training regulations or administrative instructions of the respective judicial examination offices
Distinction from main activity and permissible types of secondary employment
The legal traineeship is a public-service training relationship, the main purpose of which is preparation for the second state examination. Secondary employment basically refers to all activities that are not part of the training program and are carried out outside the official training framework. They may be performed for remuneration or on a voluntary basis, and can range from work in law firms, academic assistance, to employment in companies, administrations, or teaching assignments.
Requirement for approval of secondary employment during the legal traineeship
Requirement of prior approval
In most federal states, any secondary employment during the legal traineeship is generally subject to approval. This applies regardless of whether the activity is remunerated or not. The approval requirement serves to protect official interests and to uphold the independence and integrity of the public training relationship.
Competence and procedure for application
The competent authority for granting approval is generally the primary employing office, the respective higher regional court, the judicial examination office, or the state Ministry of Justice responsible for the trainee. The application must be submitted in writing and in good time before commencing the secondary activity. The required information usually includes the type, scope, time frame, and place of activity, as well as the client.
Requirements for approval
The secondary employment must not conflict with the training obligations of the legal traineeship. In particular, the following must not occur as a result of secondary employment:
- no conflicts of interest arise,
- no official duties are violated,
- no impairment of training or of official performance ability occurs,
- no undue proximity to current case files or trainers is created.
In practice, particular attention is paid to ensuring that training times, content of placements, and official responsibilities are fully observed. A regular limitation on the time spent (e.g. a maximum number of hours per week) is common.
Permissibility and limits of typical secondary employment
Employment with attorneys, notaries, and companies
Secondary employment at a law firm, notary, or in private companies is particularly permissible if there are no overlaps with the content of the legal traineeship, e.g., there is a fundamental prohibition on undertaking secondary employment at the same firm during the law firm training period. Conflicts of interest within a placement or vis-à-vis third parties must also be excluded.
Academic or teaching activities
Academic activities (e.g. for universities, institutes, within the scope of research projects) are permitted provided they do not impair the training objective and there are no other official reasons against them.
Voluntary and unpaid activities
Voluntary, charitable, or unpaid activities (e.g., in associations, with welfare organizations) often do not fall under the strict approval requirement as long as they are minor and have no reference to legal matters. In case of doubt, prior consultation with the competent authority is always advisable.
Remuneration and social insurance for secondary employment
Secondary employment during the legal traineeship can generally be remunerated. However, the amount of remuneration is subject to legal limits deriving from civil service regulations. Excessive remuneration that does not correspond to the actual work performed is inadmissible and can lead to denial of approval.
With regard to social insurance, the obligation to make contributions depends largely on the scope and nature of the secondary employment. As a rule, the trainee as a civil servant on revocation is not subject to compulsory social insurance; separate participation in jobs subject to social insurance must, however, be reviewed individually (e.g., in the case of employment in the private sector).
Consequences of unauthorized or unlawful secondary employment
Anyone who, as a legal trainee, undertakes secondary employment without approval or in contradiction to the applicable regulations risks serious disciplinary consequences. These range from warnings to dismissal from the preparatory service. Retroactive denials, repayment of remuneration, or civil liability claims may also result.
Case law and individual assessment
Administrative courts have clarified the requirements and limits of secondary employment during the legal traineeship in several decisions. Case law takes a strict view regarding the primacy of training obligations and the avoidance of any form of conflict of interest. The granting of permission is always a discretionary decision by the administration.
Summary and practical advice
Secondary employment during the legal traineeship is permissible under certain conditions, provided it has been approved in advance, does not impair the training, and does not give rise to conflicts of interest. Trainees should review the applicable regulations early before commencing any secondary employment and obtain written approval. The respective ministries, higher regional courts, or judicial examination offices offer relevant information sheets and forms.
Literature reference: A comprehensive overview of the statutory regulations and typical case scenarios can be found in the relevant commentaries on civil service law, state implementation guidelines, and on the websites of the state judicial examination offices. Recommendations and detailed provisions may vary between federal states.
Frequently asked questions
Do I have to get approval for secondary employment during the legal traineeship?
Secondary employment during the legal traineeship is generally subject to approval by the respective employing office or competent ministry. According to the civil service regulations, especially section 42 of the Civil Servant Status Act (BeamtStG) and the corresponding state provisions, legal trainees must submit an application before undertaking any secondary employment. This applies to any remunerated activity outside the main office, with exceptions only for minor activities, such as academic or artistic engagement. Approval may be denied only if official interests could be adversely affected, for example if the secondary employment calls into question the trainee’s capacity to work or neutrality. Unreported or unauthorized secondary employment may carry disciplinary consequences.
Are there restrictions regarding the type and scope of secondary employment?
The legal provisions prescribe that secondary employment must not adversely affect the proper performance of the trainee’s main official duties. According to section 99 of the Federal Civil Servants Act (BBG) or the respective state laws, secondary employment must not exceed a certain time commitment. Typically, a maximum of eight to ten hours per week is considered unproblematic, although for legal trainees individual rules may apply depending on the federal state. Activities incompatible with trainee status, such as political engagements in the form of holding public office, activities in conflict with the training placements, or work for exam preparation courses (in certain federal states), may be prohibited.
How does secondary employment affect the maintenance allowance?
The granting of maintenance allowance during the legal traineeship generally presupposes that the training is the main focus. If income is earned through secondary employment, this can affect the amount of the maintenance allowance. In some federal states, income from approved secondary employment is partially or fully offset against the maintenance allowance, provided that certain exempt amounts are exceeded. The exact provisions vary between states; often there are exemptions, up to a certain amount per month, that are not taken into account. If these amounts are exceeded, this may lead to a reduction, or even a complete loss, of the maintenance allowance.
What legal consequences arise if secondary employment is not properly reported or is inadmissible?
Carrying out unauthorized or prohibited secondary employment may lead to disciplinary measures. These range from a formal warning, to fines, and even dismissal from the legal traineeship. In addition, civil and liability consequences may arise, for instance, if official duties are violated through the secondary employment. Reclaiming maintenance allowance that was wrongly received is also possible if inadmissible payments were made as a result of incorrectly reported income. In extreme cases, this may also affect later appointment to civil service on probation.
Is it permitted to undertake secondary employment in the legal field during the legal traineeship?
Undertaking legal secondary employment, for example as a freelance associate in a law firm, is generally possible, but is particularly sensitive from a legal perspective during the traineeship. It always requires explicit approval from the training supervisors. Of particular relevance is the exclusion of conflicts of interest: Secondary employment at training institutions where the trainee is simultaneously completing training placements (e.g., courts, authorities) is generally not permitted. Activities in competition with the training institutions are also frequently prohibited to prevent conflicts and any appearance of bias.
What are the insurance obligations and liabilities for secondary employment?
Legal trainees are insured for activities within the public-service legal traineeship, but not automatically for secondary employment outside of this framework. No state liability applies to secondary employment; the trainee must ensure sufficient insurance coverage, particularly liability insurance, themselves. If damage is caused in the context of secondary employment, the trainee is personally liable. It should further be noted that for certain activities (e.g., self-employed legal advice) a specific professional liability insurance may be necessary.
What are the reporting obligations when secondary employment ends or changes?
If approved secondary employment ends or the circumstances specified in the approval (type, scope, place of work, employer) change, the competent authority must be notified immediately in writing. The changes are subject to renewed review by the training bodies to ensure continued eligibility for approval. Failure to provide such notification may also have disciplinary consequences and lead to subsequent prohibition.