HI

Can my Boss refuse me second empployment during parental leave without any reason . What are the valid/legal reasoms for refusing the second employment/freelacing during parental leave ?

Can someone help withe neede info .

Thanks

Aby

Why take the parental leave if you plan to work during that time?

Hi MK

I am getting a job offer as freelancer where I can work less and from home .This way I can give time for my child.

Thanks,

Aby

intresting question. Actually I have heard it is possible and employer must have good reason to say no. Also I think there is limit to 30 hours per week. But really I am not so sure. If you have answer please post!

>>where I can work less and from home

Thats what you are doing by taking parental leave from the first job. Your boss is well within his rights to deny your second employement

Hi,

No one can refuse it without any reason. When I was doing 2nd job I came to know that there could be 4 main reasons for denail:
1. If you are working for presenst employee compititor.
2. If your 2nd job might effect your efficiency for first job (this controls number of hours you can work)
3. If you are working during vaccation because Urlaub is considered as Erholungszeit(refreshing time) and in your case time for taking care of your baby.
4. Your Arbeitsvertrag which you signed, prohibits you in doing so.

For Familienamt, you can not work for more than 28 hrs


I think in your case last 2 points have played role. When you do your 2nd job then who is going to take care of your kid? Threoretically, also when you are home, you are working and not taking care of your kid. If you can manage it then you can also manage to be present for your first job (theoretically).

Regards
Tony

Thanks all..

Further , What about working during your holidays .
say i take two weeks off from company . In the meantime i work partime for these two weeks .
Is this legal?

Aby

if your residentpermit doesn't depend on your arbeitsgeber then you can work wherever you want to as long as you registered the second job and pay tax out of it. In case of my company, I have to inform arbeitsgeber if I have a second job.

If your residentpermit does depent on your arbeitsgeber than you CAN'T work for other company OR as a freelance.

as about second job, your arbeitsgeber can refuse anythime he want to without giving any reason. It is a voluntary job offer, it isn't a MUST.

as a freelancer, you have to take care the tax problem yourself. There is no need to hide it because tax office will come back to you 2 years later and that time you have to pay huge of fine.

Thanks VP_2004

Just informing the arbeitgeber is enough or he needs to actually permit the same ..What if you just dont inform him and he comes to know later . Is it something against german law or just the company based issue ?
Is it OK to work as freelacer during holidays?


Thanks

Aby

I don't know the general rule.
I know that in my company, if it doesn't influence your performance or conflict of interest, it shouldn't be a problem.

AGAIN - in my company, if they find out, there will be a problem for you since you broke the company regulation.

AS to work as freelancer in holiday, IT DEPENDS ON if you have a resident permit that ALLOWED YOU TO WORK AS FREELANCER OR NOT.
IF YOUR RESIDENT PERMIT SAID: THIS PERMIT IS VALID ONLY IF mrs x WORKING FOR COMPANY Y, than no you can't work as freelancer. NOT IN HOLIDAY NOT IN NORMAL DAY UNTIL YOU GOT THE RIGHT PERMIT

Thanks.

Now , what is considered a job . you do some work and you get paid for it . So if you do some work and you dont get paid . Is that job ?
In other words can one do some work , training , skill development during holidays without getting paid for it. I guess this cannot be categorised as job , may be training or skill development . for this you dont need to have permission i believe .

Please advise

Aby

You can believe what you want. but if you want to know the legalities, contact a arbeitsrecht lawyer to clarify your doubts.