Secondary Employment in the Employment Contract: Can the Boss Prohibit It?
Last Updated: May 2026
Reading Time: approx. 5 minutes
Legal Disclaimer: This article provides legal information based on the German Civil Code (BGB) and current labor law jurisprudence. It does not constitute legal advice. Before starting a second job, you should review your employment contract or seek legal advice.
Secondary Employment in the Employment Contract: Can the Boss Prohibit It?
Many employees want to earn some extra money through a second job or turn a hobby into a profession. But the question often arises: Do I need permission for secondary employment? In principle, the freedom of occupation is protected by the Basic Law, but in an employment relationship there are limits that you should know in order to avoid warnings or termination.
1. Principle: Freedom of Secondary Employment
In Germany, secondary employment is generally permitted. Your employer cannot issue a blanket prohibition against you pursuing another occupation in your free time.
A contractual clause that prohibits any secondary employment without exception is generally invalid.
Nevertheless, most employment contracts contain a so-called reservation of consent. This states that the employee must inform the employer before starting the activity.
2. When Can the Boss Refuse Permission?
The employer can generally only prohibit secondary employment with permission if their legitimate business interests are impaired. This typically applies in the following cases:
- Non-competition clause: You may not work for a competing company or compete directly with your boss.
- Working Hours Act (ArbZG): The total working hours (main and second job) may not exceed the statutory maximum limit of an average of 8 hours (maximum 10 hours) per working day.
- Conflict of interest: If the secondary employment is so exhausting that your performance in your main job demonstrably suffers.
- Vacation time: During your vacation, gainful employment that contradicts the purpose of recovery is prohibited.
3. Content Control of Contractual Clauses (Section 307 BGB)
Whether a clause in your employment contract is legally binding is often decided by the content control according to Section 307 of the German Civil Code (BGB). Provisions in standard contracts are invalid if they unreasonably disadvantage the employee contrary to the requirements of good faith. An unreasonable disadvantage exists if the provision is not clear and understandable.
Clauses that subject secondary employment to a general, unfounded reservation are often incompatible with essential basic principles of the statutory regulation and thus void.
4. Special Features of a Minijob
Especially when combining a main profession and a minijob employment contract, the tax and social security limits must be observed. Here, too, the obligation to inform the main employer applies so that they can check compliance with the Working Hours Act.
Smart Preparation through AI Analysis
The wording in the fine print often indicates whether you need to obtain permission for your secondary employment or whether there is merely an obligation to inform. Jurivo supports you in your preparation:
- Clause Orientation: The AI supports you in checking whether your employment contract contains typical blanket prohibition patterns that frequently raise questions with regard to Section 307 BGB.
- Pattern Matching: We help you categorize how standard contractual clauses around the non-competition clause are structured.
- Working Time Overview: Get a guide on how planned second jobs usually harmonize with the framework conditions of the Working Hours Act.
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Status of Legislation: May 2026.