Do you want to improve your holiday budget or fulfill a long awaited dream? There are many good reasons to take part-time work. But is part-time work always allowed? To keep your part time jobs from getting stuck, we have compiled all the important information for you in this article.
What counts as part-time work?
A side job is any activity that an employee performs outside of their primary employment relationship. This is possible with the same employer or with third parties. In the case of secondary employment stipulated in the Labor Law, both parties enjoy the same obligations and rights as traditional employment relationships.
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Table of contents:
Is part-time work allowed?
Any activity performed by an employee outside of their primary job counts as a secondary activity.
These include:
- Activities with other employers
- Another job with your primary employer
- Independent secondary activity within the framework of a service or work contract
- Unpaid and/or volunteer work
As long as the employment contract or collective bargaining agreement applicable to the employment relationship does not contain provisions on leisure activities, these activities are always permitted – even without the express consent of the employer.
The regulation is based on the fact that employees can do whatever they want after completing their contractually agreed hours of work (i.e. free time).
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However, there are some exceptions you should be aware of: Because some side hustles are actually forbidden. This includes those acts that violate the legitimate interests of the employer. These legitimate interests include all situations that are important to the employer’s objectives and their achievement. Accordingly, employees must not compete with their employers in their field of business. This is a consequence of the so-called non-compete clause in Article 60 of the Commercial Code.
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Who can work part-time?
According to Article 12 of the Basic Law, everyone has the right to make their own decisions about their work, thus deciding whether to engage in part-time work.
However, as already pointed out, some regulations limit this:
- Your performance at your main job must not be too limited by your part-time job.
- According to § 3 Working hours, you may not work more than 10 hours per day (or an average of 8 hours).
- Your primary and secondary work must not present a conflict of interest. (For example, you may not work for a company that competes with your primary employer.)
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Do employers have to agree to part-time work?
As mentioned, you can usually work part-time as long as your employment contract or collective agreement that applies to you does not contain any provisions. So check your employment contract before starting a part-time job!
There are usually rules here under which you must report every side hustle to your primary employer. In addition to this duty of notification, consent is usually reserved in the contract.
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This rule means that, as an employee, you must inform HR in advance of your part-time employment. However, this may only prohibit you from taking a second job in exceptional circumstances. General prohibitions in employment contracts are not permitted.
If nothing is stated in the employment contract, your employer does not have to allow you to work part-time – provided you take into account the points already mentioned (observance of working hours, unrestricted performance of your main job and avoidance of work) conflicts of interest ).
However, if your employer’s interests are at stake, you must inform him or her of the part-time employment. For example, if your second job has the potential to conflict with the Working Hours Act, this would be a good reason to notify your employer. There are also disclosure obligations if you hold a management position on behalf of your company. So you should take the time to properly assess the situation – in the worst case scenario, you could face dismissal.
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If you only find out at a later point in time that you have a reporting obligation, you should definitely retroactively approve your part-time employment or inform your employer about it.
There is a special rule for judges and civil servants: in addition to their main job, they can only engage in side jobs within a more limited scope. If the secondary activity is paid, it must be approved by the supervisor. If a secondary activity risks compromising official interests (eg impartiality), the supervisor must prohibit it.
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What can’t you do as a part-time job?
Even with part-time work, there are certain situations where you should ask yourself what is allowed and what is not:
Can I work part-time when I am sick and unable to work at my main job?
First off, there’s nothing wrong with this — as long as you have a second job that doesn’t prevent or slow down your recovery process. However, this situation provides room for discussion. So it’s best to talk to your employer to avoid trouble.
Can you work part-time during vacations from your main job?
You can also work part-time during your vacation. However, make sure the basic purpose of the vacation (relaxation and rejuvenation) is not compromised.
Can I work part-time while unemployed?
You can work part-time even if you receive unemployment benefits. However, no more than 15 hours per week. If you work more than your weekly hours, you will lose your right to ALG I.
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If it is a part-time job, what are the tax considerations?
If your part-time job pays less than €520, it is considered a mini-job and must be registered by the employer and taxed at the flat rate. If you earn even a penny over that limit, the job is subject to Social Security and you have to pay taxes. Once your income exceeds EUR 520, you usually have to pay tax in category 6.
Things get more complicated if you’re self-employed. Here, you first have to differentiate whether you are working commercially or as a freelancer. Depending on how your activity is classified, the exact procedure for taxation will vary. We recommend that you obtain sufficient information on the website of the responsible chamber of commerce or the Federal Freelance Association.
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But there are exceptions here: for example, paying stipends for voluntary or caregiver part-time work. This results in an annual stipend of up to €3,000. You can find detailed information on this in § 3 No. 26 EstG. Remuneration paid as an expense allowance is also tax-free for honorary positions in the public sector.
Conclusion – Is Part Time Work Worth It?
Usually, you work part-time as an employee and enter into an employment contract. Many of these jobs are particularly valuable mini-jobs. Here you pay neither income tax nor unemployment insurance or statutory health and care insurance. Your gross salary will be transferred to your account as net salary – as long as your earnings do not exceed €520.
So if you want to earn some extra money or supplement your vacation budget, part-time work is a great solution!
Disclaimer: This article is for informational purposes only and does not constitute professional tax or legal advice. Please seek independent legal or tax advice for information specific to your country and circumstances. Shopify is not responsible for your use or reliance on this information.
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Frequently Asked Questions About Part-Time Work
How many hours can you work part time?
If you work part-time, you must comply with the Working Hours Act. Under this rule, your total working hours cannot exceed 48 hours per week. So if you are working full time, ie a 40 hour main job per week, you can also work a part time job of 8 hours per week.
If it is a part-time job, what do I need to consider?
Your part-time job does not have to be approved by your employer. However, you are obliged to report your activities before commencing work if there is a contractual/collective agreement or it may affect the interests of the employer.
What happens if I don’t report my part-time work?
Your employer cannot fire you if you do not report your part-time work, but it is otherwise permitted. However, a warning can be issued.
Can an employer ban part-time work?
You can only be prohibited from part-time work if the part-time work violates the legitimate interests of your employer. Otherwise, employers do not have the right to generally prohibit secondary employment.
About the author: Alice Viete is a content marketing expert. As an agency owner, she supports B2B and eCommerce companies in implementing their personalized content strategies. On the Shopify Blog, she writes about current topics of successful retailers and online transactions.