4 ms·

That wasn't my experience, but most employers actually referenced that case in their contract, so I am not sure what the default rule is. Also, a second job is

That wasn't my experience, but most employers actually referenced that case in their contract, so I am not sure what the default rule is. Also, a second job is one thing. What about ownership of things you produce in your spare time? I don't think the former necessarily covers the latter.

Xylakant 7y ago
> That wasn't my experience, but most employers actually referenced that case in their contract, so I am not sure what the default rule is. The law is as the law is and the law is clear: Without good reason, no employer can forbid you taking on a second job. Now, employers pulling shenanigans in their employment contracts is not entirely uncommon - either due to lack of knowledge or trying to intimidate their employees. That's why it's good to know to have a general idea what the law says - because the law trumps the contract. > What about ownership of things you produce in your spare time? I don't think the former necessarily covers the latter. No, it doesn't. This is covered by the ArbnErfG (Gesetze über Arbeitnehmererfindungen) https://www.gesetze-im-internet.de/arbnerfg/index.html#BJNR007560957BJNE001200306 https://www.gesetze-im-internet.de/arbnerfg/index.html#BJNR0... In a very short and inaccurate summary: Your employer can claim inventions that cross a certain threshold that are related to your work. You're entitled to compensation. Your employer can also claim a (nonexclusive) license for inventions that do not relate to your job, but relate to any of their areas of business under fair and reasonable terms (in doubt, a court gets to decide). You must notify your employer of any such invention. Obviously, trade secrets or code that your employer owns the copyrights for is off limits for any of your spare time work.
- adventskalender 7y ago
  It still seems to me the latter is a problem for people working on their side projects in their spare time. Like if you are a software developer, and develop some software at home, it is kind of related to your job.
- adventskalender 7y ago
  Here is some more information (in German): https://www.nebenjob.de/ratgeber/2479-ihr-recht-auf-den-zweitjob-bzw-nebenjob https://www.nebenjob.de/ratgeber/2479-ihr-recht-auf-den-zwei... If your second job leads to the total of your work taking up more than 48 hours per week, your employer can forbid it. Likewise if you work in your holidays. I don't think it is as straightforward as you make it sound.

Xylakant 7y ago

> That wasn't my experience, but most employers actually referenced that case in their contract, so I am not sure what the default rule is. The law is as the law is and the law is clear: Without good reason, no employer can forbid you taking on a second job. Now, employers pulling shenanigans in their employment contracts is not entirely uncommon - either due to lack of knowledge or trying to intimidate their employees. That's why it's good to know to have a general idea what the law says - because the law trumps the contract. > What about ownership of things you produce in your spare time? I don't think the former necessarily covers the latter. No, it doesn't. This is covered by the ArbnErfG (Gesetze über Arbeitnehmererfindungen) https://www.gesetze-im-internet.de/arbnerfg/index.html#BJNR007560957BJNE001200306 https://www.gesetze-im-internet.de/arbnerfg/index.html#BJNR0... In a very short and inaccurate summary: Your employer can claim inventions that cross a certain threshold that are related to your work. You're entitled to compensation. Your employer can also claim a (nonexclusive) license for inventions that do not relate to your job, but relate to any of their areas of business under fair and reasonable terms (in doubt, a court gets to decide). You must notify your employer of any such invention. Obviously, trade secrets or code that your employer owns the copyrights for is off limits for any of your spare time work.

adventskalender 7y ago
It still seems to me the latter is a problem for people working on their side projects in their spare time. Like if you are a software developer, and develop some software at home, it is kind of related to your job.
adventskalender 7y ago
Here is some more information (in German): https://www.nebenjob.de/ratgeber/2479-ihr-recht-auf-den-zweitjob-bzw-nebenjob https://www.nebenjob.de/ratgeber/2479-ihr-recht-auf-den-zwei... If your second job leads to the total of your work taking up more than 48 hours per week, your employer can forbid it. Likewise if you work in your holidays. I don't think it is as straightforward as you make it sound.