Teachers at primary and secondary schools, special schools, schools for the sick and vocational schools (excluding FOS/BOS); ordering overtime

The governments can order overtime for teachers at special schools and schools for the sick. In the area of primary and secondary schools and vocational schools (except FOS/BOS), the state education authority or the school is authorized to issue orders.

Anordnung von Mehrarbeit im Schulbereich

This form can be submitted electronically without signature (e.g. via a secure contact form or by e-mail) or in paper form to the responsible authority.

For contact details of the responsible authoritiy and local valid information select under "Select location" a location.

One way of preventing lessons from being canceled is to order temporary overtime.

Teachers as civil servants in the school service are subject to the Bavarian Working Hours Ordinance (Bayerische Arbeitszeitverordnung - BayAzV) as amended. The regular working time stipulated in § 2 Para. 1 BayAzV corresponds to the compulsory teaching time of teachers including preparation and follow-up work for lessons as well as the time required to fulfill official duties outside of lessons. Overtime in the teaching profession occurs when teachers, due to compelling official circumstances, give lessons over and above the regular individual weekly compulsory teaching time.

According to Art. 87 para. 2 sentence 1 of the Bavarian Civil Service Act (Bayerisches Beamtengesetz), overtime can be ordered if compelling official circumstances make this necessary and the overtime is limited to exceptional cases. Before overtime is ordered, it must be checked whether the lessons cannot be taught by suitable part-time teachers or substitute teachers. Unless otherwise stipulated by the State Ministry of Education and Cultural Affairs, overtime may only be ordered for the provision of lessons (e.g. compulsory lessons, compulsory elective lessons, afternoon lessons, etc.) which would otherwise have to be canceled after all other possibilities have been exhausted.

At vocational schools that use a teacher teaching account (LZU), there is no overtime requiring compensation (KMS dated 04.10.2016).

Overtime must always be ordered or approved in writing.

The following are responsible for ordering and approving overtime

the state education authority for primary and secondary schools,
the government in the area of special schools and schools for the sick and
the head teacher in other school areas.

Overtime may not be ordered for, among others

civil servants on revocation in preparatory service,
pregnant and breastfeeding civil servants,
severely disabled persons if they have requested exemption from overtime

For teachers as employees, the provisions of civil service law apply with regard to overtime (Section 44 No. 2 of the Collective Agreement for the Public Service of the Federal States).

Pursuant to Art. 87 para. 2 sentence 1 of the Bavarian Civil Service Act, overtime may be ordered if this is required due to compelling official circumstances and the overtime is limited to exceptional cases.