Definition of time allocation in the legal clerkship
Die Time allocation in the legal clerkship refers to the legally and organizationally regulated structuring, distribution, and use of the available working and training time within the framework of the legal preparatory service (Referendariat) in Germany. It encompasses all rules, obligations, and freedoms applicable to legal trainees and is primarily determined by statutes, regulations, and administrative directives of the respective federal state.
Legal framework for time allocation in the legal clerkship
Statutory foundations
The allocation of time is mainly regulated in the German Judiciary Act (DRiG) (§§ 5-7) and the respective legal training regulations (JapanG of the states, JAG, JAPrO etc.). These legal sources regulate, among others:
- The total duration of the legal clerkship (generally 24 months)
- The division into training sections (stations)
- Attendance obligations
- Teaching times for study groups
- Self-directed training times
- Leave and vacation regulations
Structure by stations
The duration and sequence of the mandatory stations (e.g., civil court, criminal court/administrative station, law firm station, elective station) are legally binding. Changes, reductions, or extensions require a valid reason and usually official approval.
Attendance obligations and working hours
The legal design of the obligation to attend derives from the respective training regulations and administrative directives of the higher regional courts. As a rule, attendance is required for:
- Study groups (mandatory study groups, AGs), usually one or two days per week
- Instructional teaching or practical guidance by station trainers
The specific determination of daily or weekly working hours is the responsibility of the trainers as well as the respective court and administrative management. The arrangement ranges from a fixed weekly working time (approx. 40 hours/week) to a more flexible scheme based on practical considerations.
Initiative and individual time management
In addition to mandatory attendance at teaching events and practical instruction, a substantial part of time allocation during the legal clerkship is to be managed independently pursuant to the training regulations. Independent preparation and follow-up, solving and drafting case presentations, seminar papers, and exams are integral parts of the training, but are not explicitly restricted by fixed timetables.
Statutorily regulated leave
By law, leave or exemptions are provided for the following reasons:
- Illness, upon submission of appropriate certificates (see for example § 9 JAPrO Bavaria)
- Maternity protection, parental leave as well as special leave guidelines, generally following the civil servant regulations
- Exam preparation times, particularly before the second state examination
The extent of leave is regulated differently, often dependent on timely application and approval by the responsible judicial administration.
Organization and flexibility of time allocation
Proportionality and scope for discretion
Training supervisors, courts, and training stations are required to observe the principle of proportionality when planning training periods. This means that, on the one hand, training objectives must be achieved, while on the other hand, the legitimate interests of trainees must be taken into account. This especially applies to:
- Unreasonable overlaps of attendance appointments
- Opportunities for individual further education
- Time flexibility for exam preparation
Constraints and sanctions
Nevertheless, self-directed time management is subject to statutory framework conditions and judicial or administrative instructions. Violations of attendance obligations or missed training performances can result in disciplinary measures, up to and including exclusion from current training.
Time allocation and exam preparation
Mandatory study groups and exam relevance
Regular participation in mandatory study groups is obligatory. Their scope, frequency, and specific design vary depending on state law. The focus here is on preparing for the second state examination; therefore, the time allocation during these periods is directly linked to exam-relevant subjects.
Time management in view of the state examination
Particularly the preparation period for the second state exam requires special time management. Training regulations usually provide for a leave period (“exam preparation time”), the duration of which varies by federal state and may extend over several weeks. In addition, practice exams are regularly held, which also have to be taken into account in the time allocation.
Time allocation compared across federal states
Harmonization and differences
Although the basic structures of time allocation in the legal clerkship are largely harmonized nationwide, there are sometimes considerable differences in detail between the states, for example regarding the duration of individual stations, the number and distribution of teaching days, and flexible design options. This is a consequence of the federal competence order for training law.
Impact of time allocation on the clerkship
Careful and legally secure time allocation not only ensures an orderly process of legal training and the fulfillment of all examination requirements, but also protects the rights and obligations of those affected. At the same time, it forms the foundation for a successful career start in judicial service or other legal professions and, through compliance with the legal regulations, contributes to a balanced relationship between training, self-study, and personal life.
Conclusion: Time allocation in the legal clerkship is a legally and organizationally clearly regulated subject, containing both binding requirements and individual flexibility. Its legal structure safeguards the quality, reliability, and fairness of training and is binding for all involved. Thoughtful dealing with the legal foundations of time allocation contributes significantly to the successful completion of the clerkship.
Frequently asked questions
Which statutory regulations determine the weekly working and training hours in the legal clerkship?
The weekly working and training hours in the legal preparatory service are regulated on a state-by-state basis in Germany and are fundamentally based on civil service requirements and the respective state Law on Legal Training (JAG). As a rule, legal trainees are civil servants on revocation, so the working time regulations of the respective state for civil servants apply to them. This is usually between 40 and 41 hours per week. Additionally, according to the applicable regulations (e.g., the legal training and examination regulations of the federal states), the employer determines the scope of individual training sections and the attendance obligations—such as participation in study groups or practical training at courts, prosecutors’ offices, and lawyers. Overtime or individual preparation times for the various stations and later exams can be added, but as a rule do not count as official working time and are considered self-study. It is also crucial that flexible arrangements, such as home office or self-directed scheduling, are only possible within the scope of the respective service directives and with the approval of training supervisors. Violations of mandatory attendance periods may result in disciplinary sanctions.
Is there a legal entitlement to part-time during the clerkship?
An application for part-time in the preparatory service is, under § 7(1) of the respective Law on Legal Training (JAG) or applicable state law, generally possible in certain cases. Entitlement may exist especially when there are significant reasons—such as caring for a child under 18, care for close relatives, or one’s own serious health impairment. The exact requirements and procedure are set out in the respective state law and implementing provisions. An application must be submitted in writing to the authority in charge (usually the higher regional court or the clerkship office) and must be sufficiently justified and evidenced. During approved part-time, the total duration of the clerkship is extended accordingly. The state can also stipulate that part-time employment is possible at a minimum of 50% of the regular time. However, there is no unrestricted legal entitlement; the responsible judicial examination office decides at its reasonable discretion.
To what extent is overtime and extra work permitted or required in the legal preparatory service?
Civil service law differentiates between regular working hours and overtime. For legal trainees, overtime is only permissible in urgent cases and upon explicit order of the employer. Training entities such as courts or law firms must not demand regular extra work from trainees unless this is explicitly justified by official duties. Any refusal of unassigned overtime must not disadvantage the trainee. In addition, entitlement to compensatory time off or remuneration can only be claimed if the overtime is indeed ordered in accordance with statutory civil service regulations. Preparation and follow-up times for training and exam preparation are legally not considered working hours and are regarded as private initiative.
Are there legal regulations on the timing of secondary employment during the clerkship?
Secondary employment during the legal clerkship is generally permitted, provided it is compatible with training and service obligations. According to the respective civil service laws and secondary employment regulations of the states, any paid secondary employment must be reported to and, if necessary, approved by the supervisor before commencement. It will be checked whether the intended secondary employment does not impair the extent and timing of training obligations. Pursuant to § 65 Federal Civil Service Act or corresponding state laws, secondary employment generally must not take up more than approximately one fifth of the regular weekly working hours. Violations, such as exceeding time limits or disregarding obligation to report, may result in disciplinary consequences and—in extreme cases—termination of the legal relationship. The individual decision on approval is at the discretion of the employer, taking into account the training requirements.
What regulations apply to vacation entitlements during the clerkship?
Legal trainees in the preparatory service have a legal claim to paid vacation. The number of vacation days is, as a rule, based on the regulations applicable to state civil servants (generally between 26 and 30 days per calendar year, depending on the state and age). The legal foundations are found in the respective state civil service law, the state’s vacation regulations, and rules for the legal preparatory service. Vacation is to be applied for in writing and in good time to the responsible training supervisor or court and depends on the interests of the training. In particular, vacation may only be granted during exam preparation or examination in exceptional cases to ensure the proper course of training. Absence without excuse or unauthorized taking of vacation may have disciplinary consequences.
What legal consequences result from unauthorized absence from the training service?
Unauthorized absence from duty, such as unapproved extension of vacation or failure to attend training or examination events, constitutes a violation of official duty. Legal consequences range from formal reprimand to formal warnings up to disciplinary measures in accordance with the disciplinary laws applicable to civil servants on revocation. In serious cases, the legal relationship as a trainee on revocation may be terminated by formal dismissal. In addition, the training period may be regarded as not properly completed, which may lead to an extension of the legal clerkship. Unauthorized absence may also affect the assessment of exam readiness and admission to the final examination.
Is it permissible to structure the stations flexibly within the statutory framework?
An individual, flexible arrangement of the sequence or the content of the mandatory stations is generally not provided for by law. The sequence of stations, such as civil court, criminal courts/public prosecutor’s office, administrative court, and Rechtsanwalt, is bindingly stipulated by the Laws on Legal Training and related training and examination regulations. A change or adjustment of stations is only possible for significant reasons, such as health concerns, in an application procedure and with the approval of the competent judicial examination office. The duration, minimum content, and sequence of the main and elective stations are thus strictly regulated. Exceptions, such as completing a station abroad or at certain institutions, also require formal approval and must be applied for within the scope of statutory regulations.