Salaried employees, workers and trainees; authorisation to issue statutory instruments

(1) The collective agreements and other provisions applicable to employees and trainees of the Federation apply to BaFin's salaried employees, workers and trainees.
(2) Salaried employees may, with the Administrative Council's consent, also be employed above the highest collectively agreed remuneration group in an extra-collective employment relationship, insofar as this is necessary for carrying out the tasks. The first sentence applies accordingly to the grant of other extra- or above-collective benefits.
(3) By way of derogation from section 34(1), second sentence of the Collective Agreement for the Public Service or the provisions replacing that collective agreement, the notice period is six months to the end of a calendar quarter. This also applies to existing contracts. The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, determine which cooling-off periods are to apply for which type of intended subsequent employment, within the legally permissible framework, with the possibility of differentiating in particular between supervised institutions, undertakings providing services to supervised institutions, and undertakings carrying out lobbying or interest-representation activities directed at the competent authority. To ensure a proportionate arrangement in the individual case, BaFin may also agree shorter notice periods where the activity carried out does not require a period beyond the collectively agreed provision.
(4) Salaried employees, workers and trainees are obliged to notify BaFin, at the latest with the notice of termination, whether they intend to take up employment or other occupation outside the public service connected with their official activity in the last five years before the end of the employment relationship. Subsequent changes must be notified. The notification obligation under the second sentence ends six months after the end of the employment relationship.