… or, to pose this question as a general topic:
Is it permitted under German employment law to have several jobs at the same time (parallel) ?
A curious - and somewhat morbid - case was decided by the Federal Labor Court ("Bundesarbeitsgericht") several years ago - a nurse employed in a hospital had a part-time job as a n undertaker.
This is a question that comes up again and again and can affect virtually any of us - you want to take on a second (or third) job in addition to your current one. This may be in order to work full-time or close to full-time (> 35 hours per week) and thus increase your income. It can also be a second job alongside a full-time job. However you like.
The law basically says "yes" to this. This is possible due to the freedom to exercise a profession in the German Basic Law (Grundgesetz, Article 12 GG). The employer cannot therefore generally prohibit the employee from exercising an activity in addition to their employment relationship. Important - there is almost always an obligation to notify the "main employer" of the secondary employment.
However, the employee must avoid anything that could damage the other employment relationship. And they must also comply with the maximum working hours under the Working Hours Act (Arbeitszeitgesetz) "ArbZG"). This means they cannot work "around the clock" at will.
One interesting point is the issue of conflict of interest: the secondary employment must not run counter to the interests and reputation of the employer. For example, if someone works full-time for an animal welfare organization, it would be strange if this same person sold frogs' legs on the side.
Regarding the case mentioned in the beginning:
In its ruling (28.02.2002, 6 AZR 357/01), the court decided that this is a conflict of interest which the employer does not have to accept and can therefore prohibit:
Nursing serves to recover and save patients' lives. A secondary activity as an undertaker is not compatible with this. Being cared for by a nurse who also works as a funeral director could cause irritation among patients and have a negative impact on their recovery. Moreover, this could cast a negative light on the employer - a hospital operator - in the public eye. The employer therefore had a considerable interest in the nurse refraining from this secondary employment. The employer was therefore allowed to prohibit such secondary employment.
I publish interesting questions about German employment law judgements on this blog regularly. If you need special advice tailored upon your individual case, don't hesitate to get in contact with me.
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