Working for another employer on vacation - is there even a risk of termination?

2020-03-31T15:40:01.349Z

In addition, earn money elsewhere when you are actually on vacation as an employee - does that work? That's the legal situation.

Not everyone wants to do "nothing" on vacation .

Are employees allowed to work for another employer in their free time?

This is not possible without agreements - we explain the legal situation .

Are employees allowed to work elsewhere on vacation?

Money is running out and you just want to earn something on vacation ? This is understandable, especially in view of the difficult economic times caused by the corona crisis, it cannot hurt to make financial provisions. But other- wise, the question arises as to whether they can work for one or even several other employers, provided they still have the capacity on vacation. Is this allowed?

Specialist lawyer for labor law Jürgen Markowski differentiates between this case . If you already have a part-time work permit from your employer and usually have a second job , you have this option even while on vacation, the German press agency (dpa) quotes the legal expert.

But that's not the only aspect of assessing what's allowed. Because: "In addition, however, the Federal Vacation Law in Clause 8 states that employees are not allowed to work while on vacation contrary to the purpose of the vacation," explains the expert, according to dpa. Because the goal of the vacation is relaxation: "You should regain your performance." This is contrary to the fact that employees use their workforce for another job.

Read here : Corona pandemic: Can the employer order overtime - and what about vacation?

The type, duration and severity of the work are decisive

But it depends on the scope, type and duration, severity and regularity of the work: "Not every activity will contradict the purpose of the vacation. This is an individual consideration."

What should be clear: workers definitely need a part-time work permit . As a rule, the employee has to agree to a part-time job * if the operational interests are not restricted.

Find out here: Short-time work allowance and help for coronavirus - this applies to employees and the self-employed.

Consultation with the employer is important

In other words, if you want to work for other employers while on vacation , you have to notify your employer. "He will of course ask to what extent this should take place. It also goes against his interests if I come back from vacation completely exhausted," explains the expert, according to the report.

In other words, if you simply exhaust yourself during your vacation in a second job without the consent of the employer, you are violating obligations under the employment contract. This could lead to a warning .

Video: Does a sick leave also apply to part-time jobs?

Employees should not risk a warning

And in the worst case scenario, the worst could even be termination. On the Arbeitsrecht-Ratgeber.de portal it says specifically: Especially in the case of repeated violations that have already been warned by the employer, the employer may also give notice of termination in individual cases.

Also interesting: Corona help from the state - who is entitled to what - and from whom?

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