Professors, like all other civil servants, may engage in other sideline activities in addition to their main civil service employment, provided that these do not impair the interests of the civil service.
he civil service regulations on secondary employment can be found in Art. 70 ff NBG.
According to Art. 40 para. 1 BeamtStG, secondary employment must always be reported.
Exception:
Pursuant to Art. 23 para. 2 NHG, professors and junior professors are not subject to the general duty of notification under Art. 40 para. 1 BeamtStG in respect of their writing, scientific, artistic or lecturing activities or their work as an expert. Art. 73, para. 1, sent. 3 and Art. 75, para. 3 NBG do not apply to secondary activities of these civil servants.
Despite this, it may be necessary to inform the employer about the receipt of secondary employment remuneration.
This is always the case if remuneration is due from a secondary activity for a client that is to be attributed to the public service, provided that in the case of professors, junior professors and academic staff, the remuneration is not
- from teaching and examination activities at a state or state-recognised higher education institution
- from sideline activities as a judicial or public prosecution expert
- from secondary activities which are required, proposed or arranged by a supranational or intergovernmental organisation or a supreme authority of the Federation or a Land in an individual case, even if they are performed in the public service, or
- remuneration from artistic activities, independent expert activities and the performance of research commissions.
In all other cases, the provisions on the delivery of remuneration for secondary employment in Art. 10 HNtVO, §§ 9 and 10 NNVOshall apply. If the remuneration for secondary employment exceeds certain limits, it must be paid to the employer. It is possible to deduct certain contributions from the remuneration for secondary employment.
If the remuneration from secondary employment is earned exclusively from private clients, the provisions on the delivery of remuneration for secondary employment shall not apply.
The duty to deliver and further details regarding the admissibility of secondary employment or special features for the higher education sector are regulated in the Lower Saxony Secondary Employment Ordinance (Niedersächsische Nebentätigkeitsverordnung) and the Higher Education Secondary Employment Ordinance (Hochschulnebentätigkeitsverordnung).
If a secondary activity is subject to the duty of notification, the assumption of such activity must be notified at least one month in advance pursuant to Art. 75 sent. 2 NBG.