Waiters after work: What is allowed in terms of a part-time job?

A part-time job is worthwhile in many respects: to have a little more money in your pocket or to do something completely different.

Waiters after work: What is allowed in terms of a part-time job?

A part-time job is worthwhile in many respects: to have a little more money in your pocket or to do something completely different. Experts explain what applies to work alongside the "right" job.

One waiters in the evenings, another sells homemade goods over the Internet, another advises startups: the range of possible part-time jobs is wide. The way in which they are exercised, too: there is, for example, the employee on a mini-job basis or the self-employed small business owner. The most important rules at a glance:

What exactly is a side job?

Legally correct one speaks of a secondary activity. "As the word says, a secondary job is an activity that you do in addition to an existing main job," says Natalia Hoffmann from the DGB legal protection. "In terms of time, the side job is less pronounced than the main job," says Volker Vogt, specialist lawyer for labor law in the Hamburg office of the Schomerus law firm.

To what extent do I have to inform my employer about a part-time job?

In any case, where there is a main activity, there is already a boss - and they should know if their employee wants to work part-time. Most employment and collective bargaining agreements contain a clause stating that the employer must be notified of secondary employment. "A changed detection law has been in effect since August 1 of this year," says Hoffmann. "Accordingly, employers are well advised to include this in the contract."

But even if this is not expressly stated, employees must inform their employer. Namely, about important key data, i.e.: What kind of job is it and when do I want to do it. "There is an obligation to report and if you violate it, there may be sanctions," says Vogt.

Can my boss also forbid me to work part-time?

There is only a notification requirement and no approval requirement. "The employer can forbid the sideline, but he may have to prove it in court," says Vogt. "But he can't say to his employee like a landlord: Your work performance wasn't so good last month, so I won't approve the part-time job."

But some things can also speak against the part-time job. "The working hours have to fit," says Hoffmann. For example, an employee cannot work part-time at night and come to work in the morning without being rested. Eleven hours of rest must be observed here. In addition, there must be no conflicting competitive interests. "If I compete with my employer in my part-time job, he can prohibit it," says Vogt.

Should I put this all in writing?

In any case, it is advisable to inform your boss in writing about the sideline. Employment lawyer Hoffmann also advises a confirmation of receipt from the employer. "In this way, the employee has proof in the event of disputes that the secondary employment was reported." Vogt suggests that the whole thing be recorded in the employment contract or by means of an addendum to the contract. "Both parties then know where they stand and what activities the employee is still allowed to do."

Does consent last forever?

For the first time, the employer's consent is valid indefinitely. But there can also be reasons why he forbids the employee to work part-time overnight. "Often, employees don't take the rest periods so seriously. These are cases that often end up in court," says specialist lawyer Vogt.

However: "The employer has the burden of proof and explanation that the employment relationship is adversely affected by the part-time job," says Vogt. If he can prove this with testimonies, for example, he can immediately ban the part-time job.

What do you have to consider when it comes to earning a part-time job?

Secondary jobs are often mini-jobs, and for good reason. "With mini-jobs, there is a lower flat-rate taxation and in the end you get a lot more money out of it," says Vogt. Even a midi job may still work.

But anything that is well above the 520 euros per month that will apply from October 2022 no longer makes any sense from a tax point of view. Because then the highest taxation applies with tax class 6. According to Vogt, the classic is therefore a main job with less than 40 hours of work, plus a mini job. "In Germany, according to current law, I can work a maximum of 60 hours a week, but the actual maximum weekly working time is 48 hours," says the lawyer. From a purely mathematical point of view, this combination is therefore the most likely.