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Regulation on the working time of officials of the Federal Government

Original Language Title: Verordnung über die Arbeitszeit der Beamtinnen und Beamten des Bundes

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Ordinance on the Working Time of Federal Officials (Working Time Ordinance-AZV)

Unofficial table of contents

AZV

Date of completion: 23.02.2006

Full quote:

" Working Time Ordinance of 23 February 2006 (BGBl. 427), as last amended by Article 1 of the Regulation of 11 December 2014 (BGBl I). 2191).

Status: Last amended by Art. 1 V v. 11.12.2014 I 2191

For more details, please refer to the menu under Notes

Footnote

(+ + + Text evidence from: 1.3.2006 + + +) 

The V was issued as Art. 1 of the V v. 23.2.2006 I 427 (AZNeuoV) by the Federal Government. She's gem. Article 5, first sentence, entered into force on 1 March 2006. Unofficial table of contents

§ 1 Scope

This Regulation shall apply to all officials of the Federal Government, unless special working time arrangements apply. It does not apply to honorary officers and honorary officials. In the case of revocation and revocation of civil servants, it is necessary to determine whether and to what extent the provisions of this Regulation are to be applied. Unofficial table of contents

§ 2 Definitions

For the purposes of this Regulation:
1.
the regular weekly working time, the average weekly working time to be paid within twelve months,
2.
the working day, in principle, the working day,
3.
the rest period of the period in which officials do not provide a service,
4.
in principle, the place of employment or a place where the service is to be provided by the service head or the service head;
5.
the moving working time or flexitime of working time, in which officials can determine the beginning and end of daily working hours within certain limits,
6.
the core working time of the part of the regular day-to-day working time, in which in principle all civil servants must be present at the service;
7.
the functional time of the part of the regular day-to-day working time, in which the service is ensured by consultation of the officials,
8.
the accounting period during the period of sliding shall be the calendar year or a similar period of twelve months in which the regular weekly working time shall be offset by or below that of the regular weekly working time,
9.
the day of sliding, with the consent of the immediate supervisor, or the immediate supervisor, in the billing period during the period of sliding, with daily working hours of less than two hours as a sliding day,
10.
the block model is the summary of the exemption from work for up to five years in the case of part-time work,
11.
the willingness to call up outside the workplace in order to be able to obtain services immediately if necessary,
12.
the duty to stop on-call time, without being obliged to provide services, at a position determined by the person concerned, in order to receive the service if necessary, when periods without work outweigh the workload,
13.
the shiftwork of the service according to a shift plan, which provides for a regular change in daily working time in periods of no more than one month,
14.
The night service is a service to be provided between 8 p.m. and 6 a.m.
Unofficial table of contents

§ 3 Regular weekly working time

(1) The regular weekly working time is 41 hours. Severely disabled civil servants and severely disabled civil servants can apply for a reduction in the regular weekly working hours to 40 hours. The same applies to civil servants,
1.
who are given child benefit for a child under the age of 12,
2.
a parent, a spouse, a spouse, a life partner, a life partner, or a child is included in the household's household, in the case of or in the case of the need for care under the federal aid regulation, according to § 18 of the Eleventh Book of the Social Code or has been identified by a corresponding opinion.
The reduction begins with the conditions at the beginning of the month of the application and ends at the end of the month in which the conditions are no longer fulfilled. § 116 (1) of the Ninth Book of the Social Code remains unaffected. The civil servants are obliged to notify any change without delay and to provide appropriate evidence upon request. In the case of part-time employment, the regular weekly working time is reduced according to the rates of 1 to 3 in accordance with the extent of the approved part-time work. (2) The regular weekly working time shall be carried out in the case of full-time employment and Part-time employment with a reduction in working time by less than 10 per cent on Monday to Friday. For official reasons, it can be distributed over a period of six days. (3) Regular weekly working hours are shortened for every legally recognised holiday, as well as for Christmas Eve and New Year's Eve, in order to reduce the amount of time spent on them. To the same extent, the working time for civil servants employed in shiftwork is shortened. This does not take into account whether and how long these days have to be actually served. (4) The regular weekly working time can be reduced exceptionally, to the extent that special needs so require. (5) Is a balance the regular weekly working time cannot exceed 48 hours in the seven-day period due to mandatory service conditions within twelve months. Unofficial table of contents

§ 4 Regular daily working time

Regular day-to-day working hours and their beginning and end are to be determined. This may not exceed 13 hours, including breaks. In the case of part-time employment, regular daily working hours should be defined individually Unofficial table of contents

§ 5 breaks and rest periods

(1) At the latest after 6 hours, the work shall be interrupted by a break of at least 30 minutes. After more than 9 hours, the rest period is at least 45 minutes. Breaks can be divided into periods of 15 minutes each. (2) Ruhepbreaks are not counted on working time, unless:
1.
the conditions laid down in § 17a of the German Gravity Allowance Ordinance are satisfied with the proviso that at least 35 night service hours shall be provided in the calendar month, or
2.
the competent authority makes it possible to take account of operational activities in areas where the constant operational capacity is to be ensured in order to compensate for the burdens associated with it.
In the case of part-time employment, the night service hours required by the first sentence of 1 (1) shall be reduced in proportion to the ratio between the reduced and regular weekly working hours. (3) of 11 consecutive hours. In addition, a minimum rest period of 24 consecutive hours is to be granted for each 7-day period. For the rest period referred to in the second sentence, a reference period of 14 days shall apply. Derogations may be granted from the arrangements set out in sentences 1 to 3 where the service requirements referred to in Article 17 (3) (c) and (e) and (4) of Directive 2003 /88/EC of the European Parliament and of the Council of 4 November 2003 2003 on certain aspects of the organisation of working time (OJ C 327, 22. 9), this requires. Unofficial table of contents

§ 6 Service-Free Days

(1) Sundays, Christmas Eve and New Year's Eve are in principle service-free. Where there are grounds for service, service may be carried out on these days and on Sundays and legally recognized holidays. (2) With the consent of the supreme service authority and the immediate supervisor, the official may or may not be able to do so. the civil servants volunteer to do so. The supreme service authority may delegate its power to grant consent to other authorities. Unofficial table of contents

§ 7 sliding working time

(1) To the extent that there are no official reasons, the supreme service authority may allow the working hours to be completed. The official presence of the officials and their superiors must be ensured by these and their superiors in order to carry out the tasks. (2) The maximum permissible daily working time, as well as the earliest service start and the latest (3) It is necessary to establish core working hours or working hours. To the extent that there are grounds for service, such a definition can be dispensed with. In addition to the core working time or working time, the official presence of the officials by this and their superiors shall be ensured in so far as the performance of the tasks so requires. The core working time is to be defined individually in the case of part-time work. (4) Commensions of regular weekly working hours are allowed up to a maximum of 40 hours. In principle, the regular weekly working hours should be over or undershot within the accounting period. In the next accounting period, a maximum of 40 hours may be transferred. (5) In the case of automated time recording, up to twelve sliding days can be taken into consideration. If it is beneficial to the service or in accordance with the service conditions, up to 24 sliding days can be permitted. It can be determined that on certain days generally no service is to be carried out and that the occurring time is to be pre-worked or reworked. Exceptions to the necessity of automated time recording can be permitted for missions abroad. (6) If a core working time is established, half of the sliding days can also be allowed. In addition, immediate superior may authorise a non-compliance with the core working hours required on a case-by-case basis for important personal reasons. (7) The official presence of the civil servants is under their participation. to be automated. In individual cases, exceptions can be allowed from automated recording. The data shall be kept at least three months after the end of the calendar month in which they were collected. The highest service authority shall determine whether the data have to be deleted either at the latest six months after the end of the accounting period or at the latest 13 months after the end of the calendar month in which they were collected. (8) The relevant superiors may be notified of the sliding time arrangements. In addition, the direct superiors shall be informed, exclusively for the purposes of the targeted personnel use, of the flexitime aldes of their employees, provided that positive balances of more than 20 hours or negative balances are of more than ten hours. Data in accordance with the second sentence may not be used for the control or evaluation of the performance or conduct of the officials. Unofficial table of contents

§ 7a Protesting of long-term accounts

(1) The supreme service authority may designate departments and work areas which are eligible for the testing of long-term accounts; it shall inform the Federal Ministry of the Interior of the decision. Long-term accounts are personal working time accounts for periods of time credit that can be used for pooled time-of-release periods. Long-term accounts are conducted independently of a record of the official presence in accordance with § 7 (7) sentence 1. (2) Regular weekly working hours for civil servants who have been granted the management of a long-term account their application shall be extended to up to 44 hours if appropriate and appropriate for the performance of their duties. The difference between the regular weekly working time according to the first sentence of § 3 (1) or the first sentence of Article 3 (1) and the working time actually worked shall be credited to the long-term account, in so far as the actual working time does not apply. in excess of the length of working time extended in accordance with the first sentence. § 3 (5) and § 4 shall remain unaffected. Sentence 1 shall not apply to:
1.
Officials and officials for revocation,
2.
Officials who can be relocated at any time in the first-time retirement, and
3.
Officials whose regular weekly working hours have been reduced in accordance with the second sentence of § 3 (1) or 3 (3).
(3) The long-term account can also be credited on request:
1.
Claims for duty-free or approved overwork of up to 40 hours per year, as well as
2.
After hours of a relaxing holiday up to the extent provided for in § 7a of the Recreational Vacations Regulation.
(4) Time balances may be saved over a period of up to five years and at the latest by 31 December 2020. The time balance shall not exceed 1 400 hours. (5) The time balance shall be granted by exemption from the service in the form of payment of the remuneration. The request for exemption may be rejected for service reasons. In this case, the official or the official shall be informed of the other period during which an exemption may be made in the requested scope. After completion of the 60. The period of time is only possible in the form of part-time, whereby part-time in the block model is excluded. (6) By way of derogation from § 7 (4) sentence 3, civil servants who have been allowed to lead a long-term account may have a (7) Further provisions concerning the long-term account shall be taken by the highest office of the service. Unofficial table of contents

§ 8 Shiftwork

If the service hours are determined in such a way that the regular daily working time of officials is exceeded, they must be respected by shift service. Shiftwork should be dislocated if it is possible to compensate for the overrun within the framework of the moving working time. Unofficial table of contents

Section 9 Summary of the exemption from work on part-time employment

(1) If there are no official reasons, the period of an exemption may be combined up to three months in the case of part-time employment. If the exemption is applied to the end of the approved part-time employment, it may be combined for up to one year. (2) Part-time employment, which extends to the period up to the beginning of retirement, can be found in the block model. if the exemption to the end of the approved part-time employment is laid down and if there are no compelling reasons for doing so. Unofficial table of contents

§ 10 Workplace

In the case of mobile work, the obligation to provide services at the place of work may be dismissed, in so far as there are no official reasons for this. Unofficial table of contents

§ 11 Service travel

(1) In the case of business travel, the period of time for the execution of business operations outside the office is working time. In the case of full or multi-day missions, the regular working hours of the respective day shall be deemed to have been performed. Travel times are not working hours. However, they shall be considered as working time, where:
1.
they are produced within the regular daily working hours, or
2.
the working time is interrupted by missions within one day.
(2) In the case of part-time employment, the duration of the mission shall be based on the length of the regular day-to-day working time for full-time employment. If a part-time work trip falls on a Monday to Friday according to the respective working time model, this day can be exchanged in a timely manner with another day. (3) Cross-country travel, which is the subject of regular service trips. daily working time, the non-creditable journey times in one calendar month in total 15 hours, is within twelve months of application a quarter of the more than 15 hours of fixed working time as a leisure time equallot , In the case of moving working hours, this time is credited to the flexitime account. The application shall be submitted at the latest by the end of the following calendar month. Unofficial table of contents

§ 12 Call Preparedness

Times of call readiness are not working time. However, if the official or the official has more than ten hours in the calendar month exceeding the working time, an eighth of the more than 10 hours of fixed working time shall be considered to be an eighth of more than ten hours within 12 months. In the event of a sliding working time, leisure time compensation is granted and is credited to the sliding time account, provided that there are no compelling service reasons to prevent it. Unofficial table of contents

Section 13 On-call duty

(1) In the case of on-call time, regular daily working hours and regular weekly working hours may be adequately extended in accordance with the service requirements. During a reference period of 12 months, the average working time may not exceed 48 hours during the seven-day period. (2) Working time may be taken into account in accordance with the general principles of safety and health protection. shall be extended for up to 54 hours during the seven-day period if there is a service requirement and the official or the official agrees to do so in writing. Officials who do not agree to do so must not be pened by any disadvantages. The declaration may be revoked with a time limit of six months. The officials must be informed of the possibility of revocation in writing. (3) Lists of all civil servants who provide an extended working time in accordance with the first sentence of paragraph 2 are to be carried out in the service authorities. The lists shall be kept for at least two years and shall be made available to the competent authorities. Upon request, the competent authorities shall be informed of these officials. Unofficial table of contents

§ 14 Night service

(1) The design of night service must take account of the particular strain on the labour force. During a reference period of 12 months, working time shall not exceed an average of eight hours per 24-hour period. (2) Work with special hazards or a significant physical or mental strain , in a 24-hour period during which the night service is to be paid, the working time shall not exceed eight hours. Unofficial table of contents

§ 15 Exceptions to specific activities

To the extent that specific specific activities designed to protect the general public or the general good for the prevention of serious collective risk situations are subject to the application of the provisions of this Regulation, may be dismissed by this Regulation. Whereas, in these exceptional cases, it is nevertheless necessary to ensure that, in the light of the objectives of Council Directive 89 /391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of the health of workers, the Workers at work (OJ C 327, 22.4. EC No 1) shall ensure the highest possible level of safety and health protection of officials. Unofficial table of contents

Section 16 Jurisdiction

The competent authority within the meaning of this Regulation shall be the supreme service authority, unless otherwise specified. The supreme service authority may delegate its powers under this Regulation to other authorities. The individual provisions necessary for part-time employment shall be taken by the service authority.