Can you have 2 jobs at once in Germany?

It is something which is not that uncommon – you have your primary employment contract in Germany and you find a paragraph which prohibits employees from taking on a second job in addition to their primary job. But is this legal? Can it be forbidden to have 2 jobs in Germany? Well … it depends. It is a relevant issue in Germany, but it depends on the circumstances in your specific case.

I have already addressed the issue of what happens when a side job creates a conflict of interest with one’s main job (article). We have also examined the fact that a side job must not interfere with the restorative effect of leisure time from the main job. But what if the “main job” is only 15 hours a week, meaning it doesn’t really fill the week on its own? (In Germany, a regular full-time position counts approximately 37 - 41 hours.)

1. Principle: 2 jobs in Germany Generally permitted

Secondary employment is generally permitted in Germany, employees are generally permitted to engage in secondary employment, even if they work more than part-time. This is based on the general freedom of contract and the freedom to choose one’s occupation (Article 12 of the German Basic Law – Grundgesetz).

2. Job Restrictions Imposed by the Employer

An employment contract or a company agreement may restrict secondary employment, but only under certain conditions:

- Requirement for Approval

Many employment contracts include a clause such as: “Secondary employment

requires the employer’s prior written consent.” This means: You must inform your

employer and, if necessary, request approval.

- Prohibition Only for Objective Reasons

The employer may only refuse a secondary employment if it:

- conflicts with the employer’s interests (e.g., a competing company),

- impairs your work performance (fatigue, conflicts with work hours), or

- violates legal regulations (e.g., maximum working hours under the Working

Hours Act – ArbeitszeitG ).

3. Part-time work is a factor

Since your employment contract is only for 15 hours per week, you still have enough free time to take on a second job.

• That alone does not give your employer the right to impose a blanket ban on second jobs.

• A general ban without a valid reason would generally not be lawful.

4. Practical Steps

• Check first whether your employment contract includes a clause regarding secondary employment.

• If necessary, notify your employer in writing about the secondary employment. 3. Make sure that the secondary employment does not interfere with your primary job and does not compete with it.

Conclusion:

• A blanket ban on secondary employment in a part-time contract is generally not lawful in Germany unless there are objective reasons for it.

• Your employer may only impose a ban if there is an objective justification, such as a conflict of interest, competition, or a risk to your primary employment.

If you would like me to review your employment contract, provide my assessment of your specific situation, and coach you on renegotiations, please don’t hesitate to contact me. I regularly publish articles on the topics of “Expats in Germany,” “Labour court rulings in Germany,” and “Coaching at work.”

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