Whether private appraisal or speaking activities, supervisory board positions, business coaching, yoga training or a mini-job: If an employee earns money through their own labor in addition to their primary job, this is regarded as secondary employment.1. Does the secondary employment require approval?Article 12 (1) of the Basic Law guarantees the freedom to choose and pursue a profession. As such, secondary employment is permitted in principle. Consequently, employers and HR managers are not permitted to generally prohibit a second job via employment contract or the employer’s right to issue instructions. A corresponding clause to this effect in the employment contract is invalid.If employees do not disclose their secondary employment, this may constitute a breach of duty pursuant to the employment contract. This would entitle the employer to compensation and/or even termination of the employment relationship.2. When is secondary employment prohibited?However, there are limits: If the...
