Second job under employment law - what is allowed?
More and more employees have a side income in addition to their main job. But not everything is allowed. Employers are not allowed to prohibit every side job - but there are clear rules.
Table of contents:
- Do I need my employer's permission for a part-time job?
- What restrictions apply to a part-time job?
- Can my employer prohibit a part-time job?
- Do I have to register my part-time job?
- What happens if I conceal my part-time job?
- What obligations do employers have when it comes to part-time jobs?
- Can I have a part-time job during an illness?
- Are there any special features for civil servants or trainees?
Do you need legal advice on employment law? Contact us now!
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Do I need my employer's permission for a part-time job?
In principle, employees may have a part-time job without the employer being able to prohibit this in general. However, the secondary job must be compatible with the main employment contract. Many employment contracts contain clauses according to which employees must report or obtain approval for secondary employment. A general prohibition would be ineffective, but a requirement for approval would be permissible.
What restrictions apply to a part-time job?
A part-time job is not allowed:
- violate the Working Hours Act (max. 48 hours per week),
- impair performance in the main job,
- are in competition with the employer,
- violate legal prohibitions (e.g. illegal employment).
Can my employer prohibit a part-time job?
Yes, but only under certain conditions. The employer may prohibit the part-time job if legitimate interests are impaired, for example by:
- Competition with the main company,
- Exceeding the maximum permitted working hours,
- Violation of rest periods or health and safety regulations,
- concrete impairment of work performance.
Do I have to register my part-time job?
This depends on the employment contract. If it contains a notification or approval requirement, the employee must report the secondary job. Even without an explicit clause, there may be an obligation to provide information if the secondary job could have an impact on the main job.
What happens if I conceal my part-time job?
Anyone who takes on a part-time job contrary to contractual regulations or despite a prohibition risks consequences under employment law. These range from a warning to dismissal for conduct-related reasons.
What obligations do employers have when it comes to part-time jobs?
Employers must take into account the employee's interests in secondary employment and may not refuse this without an objective reason. You should include transparent regulations in the employment contract to avoid misunderstandings.
Can I have a part-time job during an illness?
No, if the secondary employment delays recovery or hinders the healing process. An employee who engages in secondary employment while on sick leave risks being dismissed without notice.
Are there any special features for civil servants or trainees?
Yes, civil servants require a permit for secondary employment. In the case of trainees, a part-time job must not jeopardize the purpose of the training.
Do you have questions about your part-time job or conflicts with your employer? Contact the law firm Haas und Kollegen now:
Rudolf-Diesel-Str. 5, 65760 Eschborn near Frankfurt
