Should on-call services in the justice system be paid a flat rate? This is already common practice in a few states, and the Judges‘ Association is now calling for this to also apply to Baden-Württemberg.
The German Judges’ Association (DRB) in Baden-Württemberg is demanding an allowance for on-call duty for judges and public prosecutors. The starting point for this is a communication from Bavaria, where public prosecutors are to receive an allowance for service “at inconvenient times”. This was preceded by a corresponding ruling by the Administrative Court (VG) Augsburg (judgment of April 18, 2024, ref. 2 K 22.1281), whereupon the Bavarian state government then granted the public prosecutors an allowance of 400 euros per week for on-call duty.
Specifically, a solution is to be developed together with the Baden-Württemberg Ministries of Justice and Finance that applies to both public prosecutors and judges. For the time being, however, the first step remains cautious: in each individual case, a hardship allowance must be applied for at the State Payroll Office using a specific form in accordance with Section 4 of the Hardship Allowance Ordinance (EZulVOBW).
The DRB welcomes this, but wants to go further and calls for a “real on-call allowance, which takes into account that in many places the service is not only required at inconvenient times, but mainly in addition to the usual service.” This is therefore about real “extra work”; on-call duty in the justice system is not limited to mere on-call duty, but often also requires physical presence.
DRB argues with occupational health and safety, constitutional law and bureaucracy reduction
Table of Contents
- 1 DRB argues with occupational health and safety, constitutional law and bureaucracy reduction
- 2 What are the arguments for implementing a flat rate allowance for on-call services in the justice system?
- 3 Why do German judges and public prosecutors believe a flat rate for on-call services is necessary?
Table of Contents
In order to ensure that compensation for this extra work only through time off from work does not go any further out of touch with reality, the DRB believes that a flat-rate allowance should be granted. The DRB also argues that the ECJ case law on occupational health and safety must be taken into account.
In addition to public prosecutors, the allowance should also benefit judges, according to the plea of the Baden-Württemberg Judges’ Association. They are burdened to a similar extent, especially on weekends and holidays, insofar as an immediate personal hearing is constitutionally required in cases of deprivation of liberty. This deserves separate financial compensation.
It remains to be seen whether the Baden-Württemberg state government will implement the demands, which are also to apply retroactively. In any case, the DRB appeals to “the appreciation for state employees promised by the state government”, which would be made visible in this way. In addition to Bavaria, there is already a flat-rate allowance in Hesse. In order to remove the granting of allowances from individual case assessment, this is the “only viable way to avoid unnecessary administrative effort”, the DRB concludes.
jb/LTO editorial team
Citation suggestion
DRB demand for judges and prosecutors: . In: Legal Tribune Online, 18.09.2024 , (accessed on: 18.09.2024 )
Copy information about the citation suggestion
What are the arguments for implementing a flat rate allowance for on-call services in the justice system?
Should On-Call Services in the Justice System be Paid a Flat Rate?
The German Judges’ Association (DRB) in Baden-Württemberg is calling for a significant change in the way judges and public prosecutors are compensated for on-call duty. The organization is advocating for a flat-rate allowance for on-call services, similar to the practice already in place in a few states, including Bavaria. This development comes on the heels of a recent ruling by the Administrative Court (VG) Augsburg, which granted public prosecutors in Bavaria an allowance of 400 euros per week for on-call duty.
Background: The Need for Compensation
Judges and public prosecutors in Baden-Württemberg, like their counterparts in other states, are often required to be on call to respond to emergencies and critical situations outside of regular working hours. This can include weekends, holidays, and late nights, and often requires physical presence at courts or crime scenes. While this work is essential to the functioning of the justice system, it can be physically and mentally demanding, and takes a toll on the personal and family lives of those involved.
The Current Situation: Hardship Allowance or Flat Rate?
Currently, judges and public prosecutors in Baden-Württemberg can apply for a hardship allowance in individual cases, using a specific form in accordance with Section 4 of the Hardship Allowance Ordinance (EZulVOBW). However, the DRB argues that this approach is insufficient, as it does not take into account the extra work and responsibility involved in on-call duty. The organization is pushing for a flat-rate allowance that acknowledges the additional burden and responsibility of being on call.
Arguments in Favor of a Flat Rate Allowance
The DRB’s case for a flat-rate allowance is based on several key arguments:
- Occupational Health and Safety: The DRB cites ECJ case law on occupational health and safety, which requires employers to take measures to protect the health and safety of their employees. A flat-rate allowance would recognize the physical and mental demands of on-call duty and provide fair compensation.
- Constitutional Law: The DRB argues that judges and public prosecutors have a constitutional right to fair compensation for their work, including on-call duty. A flat-rate allowance would ensure that these individuals are fairly remunerated for their extra work.
- Bureaucracy Reduction: The current system of applying for a hardship allowance in individual cases is bureaucratic and time-consuming. A flat-rate allowance would simplify the process and reduce administrative burdens.
Benefits for Judges and Public Prosecutors
If implemented, a flat-rate allowance for on-call duty would benefit judges and public prosecutors in several ways:
- Fair Compensation: A flat-rate allowance would provide fair compensation for the extra work and responsibility involved in on-call duty.
- Recognition of Extra Work: The allowance would recognize the significant contribution that judges and public prosecutors make to the justice system, beyond their regular working hours.
- Improved Work-Life Balance: By providing fair compensation for on-call duty, judges and public prosecutors would be better able to balance their work and personal lives, leading to improved well-being and job satisfaction.
The Way Forward
It remains to be seen whether the Baden-Württemberg state government will implement the DRB’s demands for a flat-rate allowance for on-call duty. However, the organization’s arguments are compelling, and it is likely that other states will follow the lead of Bavaria and Baden-Württemberg in recognizing the importance of fair compensation for judges and public prosecutors. As the DRB notes, a flat-rate allowance would be a tangible demonstration of the state government’s appreciation for the hard work and dedication of its employees.
Keyword List:
On-call services
Justice system
Judges
Flat rate allowance
Hardship allowance
Occupational health and safety
Bureaucracy reduction
Work-life balance
Fair compensation
Baden-Württemberg
Bavaria
German Judges’ Association (DRB)
Why do German judges and public prosecutors believe a flat rate for on-call services is necessary?
Should On-Call Services in the Justice System be Paid a Flat Rate?
The German Judges’ Association (DRB) in Baden-Württemberg is demanding an allowance for on-call duty for judges and public prosecutors, following a similar ruling in Bavaria. The DRB argues that a flat-rate allowance is necessary to compensate for the extra work and physical presence required during on-call duty, which goes beyond mere on-call duty.
Occupational Health and Safety, Constitutional Law, and Bureaucracy Reduction
The DRB cites occupational health and safety, constitutional law, and bureaucracy reduction as key arguments for implementing a flat-rate allowance for on-call services in the justice system. The DRB believes that the European Court of Justice (ECJ) case law on occupational health and safety must be taken into account, and that a flat-rate allowance would ensure that compensation for extra work is fair and reasonable.
Arguments for Implementing a Flat Rate Allowance
The arguments for implementing a flat-rate allowance for on-call services in the justice system are multi-faceted:
- Extra Work: On-call duty in the justice system often requires physical presence and extra work beyond mere on-call duty, which deserves separate financial compensation.
- Occupational Health and Safety: The ECJ case law on occupational health and safety must be taken into account, ensuring that judges and public prosecutors are fairly compensated for the extra workload and physical demands of on-call duty.
- Constitutional Law: Judges, in particular, are burdened to a similar extent on weekends and holidays, as an immediate personal hearing is constitutionally required in cases of deprivation of liberty, deserving of separate financial compensation.
- Bureaucracy Reduction: A flat-rate allowance would remove the need for individual case assessments, reducing administrative effort and making the process more efficient.
- Fair Compensation: A flat-rate allowance would ensure that judges and public prosecutors are fairly compensated for their extra work, rather than relying on time off from work, which may not be feasible or realistic.
Existing Practice and Demands
The demand for a flat-rate allowance is not new, with Bavaria and Hesse already implementing similar practices. The DRB is calling for a solution that applies to both judges and public prosecutors, and for the Baden-Württemberg state government to implement the demands retroactively.
Conclusion
The implementation of a flat-rate allowance for on-call services in the justice system is a reasonable demand, considering the extra work, physical presence, and occupational health and safety concerns. By removing individual case assessments, a flat-rate allowance would also reduce bureaucracy
