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general official duties

Duty to be fully committed to your job (Section 34 sentence 1 BeamtStG)
Compulsory training (§ 42 LBG NRW)
Prohibition of absenteeism without excuse (§ 62 LBG NRW)
Obligation to prove incapacity for work through medical certificates (Section 62 (1) sentence 2 LBG NRW)
Duty to be altruistic (Section 34 sentence 2 BeamtStG)
Prohibition of accepting rewards and gifts (Section 42 BeamtStG)
General duty of conduct (Section 34 sentence 3 BeamtStG)
Duty of neutrality and duty to act for the common good (Section 33 sentence 2 BeamtStG)
Duty of obedience, advice and support (Section 35 sentences 1 and 2 BeamtStG)
Compulsory remonstration (Section 36 (2) BeamtStG)
Duty of secrecy (Section 37 BeamtStG)
Obligation to work outside the box (§ 48 LBG NRW)
Obligation to have outside employment approved (Section 49 LBG NRW)
Prevention of conflicts of interest (§ 47 LBG NRW)

Duty to be fully committed to your profession (Section 34 Sentence 1 BeamtStG)
This obligation includes B. the duty to be punctual, the duty to fully employ the workforce and to conscientiously complete tasks.

The tasks of the teachers include, above all, the upbringing, advice and assessment of the pupils on their own responsibility and pedagogical freedom, whereby the educational mandate of the schools according to the constitution and the school laws must be observed. (Section 4 (1) ADO) Core tasks are, for example:

  • the preparation and follow-up of the lesson
  • the giving of lessons
  • the monitoring of the participation of the students in the classroom
  • the duty of supervision
  • correcting and grading student work
  • supervising homework completion
  • Preparation of certificates
  • Maintaining proof of teaching in class books and course booklets
  • Participation in the preparation and implementation of school exams, conferences and school events outside of the classroom (e.g. extra-curricular school sports, school hikes, school trips, school festivals)
  • Performing representative duties
  • Participation in conferences and business meetings as well as in preparation for the new school year

According to the general opinion, the duty of the civil servant to maintain health is derived from the duty according to § 34 sentence 1 BeamtStG to dedicate oneself to the profession with full personal commitment. A civil servant must avoid anything that can damage one's own performance. This includes excessive consumption of alcohol. Alcoholism is recognized as a disease. The employer can, however, demand that the officers concerned carry out inpatient or outpatient withdrawal treatment and take part in follow-up measures.

Compulsory advanced training (§ 42 LBG NRW)
Civil servants are obliged to take part in professional qualification measures to maintain or further develop their knowledge and skills.

Prohibition of absenteeism without excuse (§ 62 LBG NRW)
Closely connected with the duty to dedicate oneself to one's job with full commitment is the duty not to remain absent from work without excuse. The public administration is dependent on the conscientious exercise of the duties of the civil servants in order to fulfill the tasks in the general interest. If a civil servant is absent for no excusable reason, this usually leads to the loss of salaries in accordance with Section 9 of the Federal Salary Act and to the initiation of disciplinary proceedings.

Obligation to prove incapacity for work through medical certificates (Section 62 (1) sentence 2 LBG NRW)
Civil servants are obliged to provide proof of incapacity for work by means of a medical certificate if the illness lasts longer than three days. In principle, illnesses and their likely duration must be reported immediately.

For teachers, this is expressly standardized in § 13 ADO.

Duty to be unselfish (§ 34 sentence 2 BeamtStG)
This results in z. B. the prohibition to use business assets for private purposes as well as the duty to be incorruptible.

The duty to exercise office impartially also means that civil servants must avoid any appearance of being susceptible to personal gain in the course of their duties. It is irrelevant whether a criminal offense, e.g. the taking of advantages, is fulfilled.

The careful and transparent handling of school fees is one of the duties of teachers.

The regular off-duty handling of public money (e.g. tax compliance) is one of the duties of every civil servant. Because a civil servant has to perform public tasks and is supported by public funds, it has a considerable negative impact on his or her reputation and the reputation of the civil servants as a whole if a civil servant gains unjustified tax advantages or other benefits from the general public through criminal behavior procures or attempts to procure paid public funds.

Prohibition of accepting rewards and gifts (§ 42 BeamtStG)
In order to ensure an impartial and fair exercise of office, civil servants are not allowed to accept any rewards, gifts or other benefits. This obligation also applies after the civil servant relationship has ended.

For detailed information on accepting rewards and gifts, see the information on accepting rewards and gifts in the school sector published by the Ministry of Education and Training.

General duty of conduct (§ 34 sentence 3 BeamtStG)
Internal good conduct includes the duty of honesty and honesty, collegial behavior and maintenance of the company peace, the duty of trusting cooperation, respectful behavior towards superiors, towards employees and towards citizens.

But off-duty behavior can also be a duty offense. Above all, the obligation to comply with applicable criminal law is significant here. The first offense is only counted as an official offense if the civil servant has confidence in not violating this criminal norm, precisely because of his special office. In addition, the civil servant is obliged to maintain proper economic conditions, so may not incur dishonorable debts.

The general duty of conduct according to § 34 sentence 3 BeamtStG is also of particular importance when exercising the teaching profession. In order to be able to fulfill their task of educating and instructing pupils, teachers must have the necessary reputation, authority and trust in the correct conduct of office among parents, pupils and the public. They must set an example through regular behavior in their entire lifestyle, both inside and outside of the service. Teachers are therefore expected to behave properly in every respect due to their educational mandate towards the students.

With the educational mandate incompatible are therefore inter alia.

  • Crimes against children (e.g. bodily harm, sexual abuse, obtaining and possessing child pornography, insulting, failure to provide assistance)
  • physical or psychological violence or assault
  • Distance shortfalls
  • Sexual harassment and / or innuendo
  • Discriminatory statements

Duty of neutrality and duty to act in the interests of the common good (Section 33 sentence 2 BeamtStG)
This includes the duty to exercise the office transferred impartially and fairly and to take the common good into account when performing office. The obligation to exercise the assigned office impartially is expressly standardized for teachers in Section 6 subsection and Section 2 subsection 6 sentence 2 SchulG.

Obligation to obey, advise and support (Section 35 sentences 1 and 2 BeamtStG)
Every civil servant is obliged to observe general laws and regulations and to comply with the official instructions of their superiors. The civil servants bear full personal responsibility for the legality of their official acts (Section 36 (1) BeamtStG).

Specifications to which teachers are bound can result from legal and administrative regulations, guidelines and curricula as well as from conference resolutions and orders from the school supervisory authority. At the same time, conference resolutions must not unreasonably restrict the freedom and responsibility of teachers in structuring lessons and upbringing.

The most important pieces of legislation in the school sector include in particular:

  • School Act for the State of North Rhine-Westphalia (SchulG)
  • General regulations for teachers and school principals in public schools (ADO) RdErl. D. Ministry of Culture v. September 20, 1992 (GABl. NW. I p. 235)

Teachers are obliged to take note of the school-related regulations published in the official gazette (ABl. NRW.), In the adjusted official collection of the school regulations of the state of North Rhine-Westphalia (BASS) and in the official school gazettes.

Compulsory remonstration (Section 36 (2) BeamtStG)
This duty includes the duty of the civil servant to comply with an official instruction which he considers to be unlawful but not unconstitutional, but to put down in writing that he has informed his superiors of the unlawfulness.

Obligation to maintain secrecy (Section 37 BeamtStG)
According to Section 37 (1) of the BeamtStG, civil servants must maintain secrecy about official matters that have become known during official activities. This obligation continues to apply even after retirement. According to Section 37 (2) BeamtStG, the duty of confidentiality does not apply

  • for communications in business dealings or
  • in the case of facts that are obvious or
  • according to their significance do not require any secrecy or
  • to the competent highest service authority, a criminal prosecution authority or another authority determined by state law or external bodies if a fact-based suspicion of a corruption offense is reported in accordance with Sections 331 to 337 of the Criminal Code.

The legally established obligations to report planned criminal offenses and to stand up for the preservation of the free democratic basic order also remain unaffected.

The duty of official secrecy is part of the permanent set of duties of every civil servant. The duty of confidentiality applies in principle to all matters that have become known in the course of official activities and applies to everyone.

Obligation to take part in secondary employment (§ 48 LBG NRW)
The employer can oblige a civil servant to take on a part-time or part-time job in the public service.

Obligation to have secondary employment approved (§ 49 LBG NRW)
If a civil servant would like to carry out another activity, he / she is obliged to have this approved.

Prevention of conflicts of interest (§ 47 LBG NRW)
In order to ensure a fair and impartial exercise of office, civil servants are to be exempted from official acts that would be directed against themselves or relatives, in whose favor they are entitled to refuse to testify due to family-related relationships in criminal proceedings.

Other official duties:

  • Overtime obligation (§ 61 LBG NRW)
  • Strike ban (§ 62 LBG NRW)
  • Obligation to keep to the official channels (Section 104 (2) LBG NRW)
  • Obligation to obtain permission to give evidence (Section 37 (3) BeamtStG)
  • Obligation to take the oath of service (Section 38 BeamtStG)
  • Obligation to be constitutional (Section 33, third sentence, BeamtStG)
  • Moderation requirement for political activity (Section 33 (2) BeamtStG)