Fragen aus dem Arbeitsrecht: Kann der Arbeitgeber einen Nebenjob verbieten?
Ein Nebenjob hat in erster Linie meist nichts mit dem Arbeitgeber vom Hauptjob zu tun. Doch das heißt nicht, dass dieser gar kein Mitspracherecht hat.
When individuals seek additional income or want to enhance their CV, they may consider taking on a side job. Can their employer forbid this? And is the employer legally obligated to know about it? According to Volker Görzel, an attorney specializing in labor law, the requirement for informing an employer about a side job depends on whether such an obligation is stipulated in the employment contract or arises from a collective agreement.
Therefore, there is no universal rule necessitating an employer's awareness of all side activities. However, if the secondary employment conflicts with the employer's interests, they must be informed. To be on the safe side, individuals should disclose the side job even if no such obligation exists, as otherwise, they risk being served with a warning or even termination.
Generally, the principle of occupational freedom applies in Germany, meaning employers cannot simply prohibit side jobs without justification, explains Görzel. They can typically only do so when the secondary job infringes upon legitimate employer interests, such as when the activity takes place at a competing company or harms the employee's health, potentially affecting their primary job. Another reason is that the side job may exceed legal working hour limits.
Written by urgent.news from Handelsblatt's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
