Hi

I have got varying information on this one.
I want to know if you are on elternzeit , can you work more than 30 hrs if you are not asking for any elterngeld from the Govt.?One of the tax consultant friends said that if you are not taking any elterngeld you can work more than 30 hrs . But then again I get different views on this . Can anyone tell me what is the correct explanation with some references from law books?

Thanks

Aby

why don't you take Raj advice to contact a lawyer and have a private consultation?

or

Read the law by yourself.

Sure..Raj could you please recommend me a good lawyer for consultation.

Aby

I am also interested to know information about this. Could you please update me or this thread if you get any new information.

I think we can also call elterngeld stelle and ask them, I will call them this week and will update if i get any information.

check this site
www.frag-einen-anwalt.de

The latest I have from acouple of lawyers and tax consultants is that you can work ore than 30 hrs as if you dont get elterngeld or any other benefit like health insurance contributions .

Aby

so what did your lawyer friends tell about your employer refusing permission for freelance during elternzeit?

HI raj,

Lawyers say that as per law employer can refuse second employment during parental leave only for operational reasons like working for competitor where you can share trade secrets . He has to refuse in writing within 4 weeks from the date of application for elternzeit . If he does not give refusal in writing within this time then it is considered approved by law.

Aby

hey Raj

I am getting different view from one lawyer on working hours during elternzeit . Got me confused again . The ration is 3:1 . 3 guys said you can work more than 30 hrs if you dont get elterngeld or health insurance from govt during elternzeit and 1 said that the limit is 30 hrs whether you get any money from govt or not . What to do ?

Aby

I would also agree with the majority of the lawyers. If you dont get money from the government, you dont have to follow 30 hrs. But what is the user of elternzeit if you are goin to work more than 30 hrs or even 30 hrs? I dont see any benefit

Here it is ..I am getting a job where i can work from home ..So I have flexibilty in choosing hours ...This way i can be with my child and work as well .

ABy

@ABy: If you change your employer does the elternzeit still exists? As far as i know during elternzeit your job is protected, that is a company cannot fire you, but if you quit yourself and join a new job there will be probezeit and the new employer has a chance to fire within probezeit.I am bit confused.

@Raj: The only advantage (if allowed to work for more than 30 hours) during elternzeit is job is secured.

Correct me if i am wrong.

@aby: Yes, that will work fine.

@baba
>> If you change your employer does the elternzeit still exists? As far as i know during elternzeit your job is protected, that is a company cannot fire you, but if you quit yourself and join a new job there will be probezeit and the new employer has a chance to fire within probezeit.I am bit confused.

There is nothing to be confused about here. The elternzeit exists only with your present employer. So the job is secured for that duration. Once you quit the present company during elternzeit, the elternzeit ends automatically. You have to apply agin for elternzeit with the new company and they may reject and then cancel your contract within the probezeit.


more information with examples below

http://www.bmfsfj.de/RedaktionBMFSFJ/Broschuerenstelle/Pdf-Anlagen/Elterngeld-und-Elternzeit,property=pdf,bereich=bmfsfj,sprache=de,rwb=true.pdf

@Raj
Thanks for the link. So the topic header is nothing to do if one goes for a new job.

Thanks
baba