Self-employed and employed in the public sector
Anyone who is employed in the public service can also have another activity or activity. Engage in secondary employment. In theory, part-time self-employment is also possible. However, outside employment is subject to certain restrictions.
Secondary or secondary employment will generally not be in the employer's interest. Nevertheless, as a rule, he cannot prevent this in principle, since the employee has the right to free Career choice Has. Even in the public service, however, an employee is subject to certain regulations if, for example, he wants to be self-employed on the side.
Employed in the public service and freelance on the side
- Anyone who is employed in the public service is subject to the regulations of the respective Collective agreements. According to § 3 para. 4 of the collective bargaining agreement for the public service of the federal states (TV-L), employees must notify their employer in advance if they want to take on a sideline job for remuneration.
- There is no general authorization requirement in this respect, and the notification requirement only applies to paid activity. However, the employer can prohibit its employees from doing secondary work or can make their performance dependent on certain conditions.
- In particular, a secondary activity must not lead to the employee performing his / her duties from employment contract can no longer meet or essential interests of the employer are impaired.
- This can be the case, for example, if an employee of an authority is in the driving service is busy, runs a bar on his own and is therefore constantly completely overtired Service appears. He will also not be allowed to engage in any sideline activity that would lead to a conflict of interests.
Those who work on Sundays or on public holidays usually receive a public holiday allowance. …
Special regulations for certain professional groups
- Section 3 TV-L only contains the general regulation; there are also special regulations for certain professional groups.
- For example, doctors employed at university hospitals in accordance with § 41 TV-L deviating regulations. For secondary employment, the civil service regulations apply, which usually provide for prior approval of secondary employment.
Independent part-time employment is theoretically also possible for employees in the public sector. However, they must not jeopardize the fulfillment of the employment contract.
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