Running a sideline business while an employee

Dear all,

I am Nirmala Jyothi Jujagiri. I am new to this forum.Nice meeting you all.

First let me introduce myself. I am basically from India.I came to Germany in 2004 Oct.I studied for 2 years and I got my masters degree in Mechatronics.Since March 2007 I am working in one industry in Germany as an Engineer.So I am in Germany now on a work permit.

I want to start one Indian fast food centre here.But I am afraid that a person on work permit is allowed to start a business in Germany or not.So I need your advice on this.Any kind of small information will be helpful for me.

Am I able to start an Indian fast food centre in Germany along with my job in Indsutry??? If yes how I have to proceed further??

If I am allowed to start a business in Germany, which type of business is suitable for me? (Kleinunternehmer, Einzelunternehmung or GmbH...)?Actually I don't know the differences among these types of business.

Thank you very much in advance for your help.

Regards,
Nirmala

not only should you check what your visa allows but also what your employer allows. Some do not allow you to "moonlight".

in my work contract, it states that my job is my first priority. if i want to do anything else, i have to get their permission. obviously they want me to be 100% mentally with them when i am at work, since they pay me the big bucks.

so i would think, you're not going to be able to start a indian fast-food imbiss.

They approve of your time on TT?

Same as what OG said before. You first need to check with your employer. I'm also not allowed by my employer to do any other paid activity without permission.

compared to how many coffee breaks my colleagues take, this is nothing!

As everyone else wrote, your visa is the limiting factor. Check it.

Not sure where people are coming up with the ideas about second jobs but the info I got from my lawyer is this: you can have a second job or your own business if you want as long as 1) it isn't in any way in competition with your primary employer, and 2) doesn't interfere with your primary employer's business. If my employer decides that I must be available for a weekend shift once a month, that's my Saturday night bar shift out the window. If your second job causes you to be tired or otherwise unable to perform at least at the level which would be expected or which you did prior to taking on the second job, your primary employer can demand you stop.

As far as restaurants here, it's a tough business and especially when starting up, one which needs at least 12 hours of your day, every day. When I finally do open a restaurant here I'll be taking at least a three-month long leave of absence.

woof.

Same here - wouldnt mind a second job at all.

I would have though so long as it does not adversely affect yout employment, what you do in your private time is none of their business. Obviously you are on a visa here, so need to check the terms of your visa.

Well...even as stated in my work contract I am not allowed to do any second job without the permission of my employer. But if at all my boss gives me permission then what about the other side?Am I allowed to do business with my work permit from the government side?I don't want to work in this restaurant. And also my plan is not to start a big restaurant.It is just a small take away.Am I allowed to employ somebody for me in this take away?

Is the name of your current employer printed on your visa? From the information I have, while on work permit and resident status "Aufenthalterlaubnis", you cannot start a own business. However, you can always check the possibility with your local arbeitsamt.

Ya..name of my employer is printed on my visa...and my visa is also "Aufenthalterlaubnis".

Some information here:
http://www.handbuch-deutschland.de/book/en...02_002_001.html
You can get a residence permit to start own business if it contributes significantly to German economy!. But you already possess a residence permit and want to start a small business in parallel. This is possible when you have "Niederlassungserlaubnis". But with Aufenthalterlaubnis this possibility is not explained. Best would be to clarify with Arbeitsamt or a lawyer.

Hi,
What I think is that you could register a business with help of a lawyer. I think registration of business is one thing and changing your visa is another. Generally about Europe I am aware of is that you can start a business but one of the owner of business must be a permanent resident. These days I got some offers abuot opening business in Czech Republic. I am already doing business of an IT company in India, not quiet old, just a year. I was told that the business can be registered new or branch of an existing firm from India itself with help of lawyer in Czech. But the government needed to deposit 7000Euro as running cost of business. Practically, I havent seen any cases of it yet from India because I doubt about visa.
About you I can suggest is that you can talk to some lawyer about starting a business in Germany, or otherwise you can start business in some other part of Europe where your work permit is not a problem. The following link may be useful
http://www.doingbusiness.org/ExploreEconomies/?economyid=75
http://www.german-business-portal.info/

Thats not quite correct (and even if it actually said that, it would be illegal). You must inform your employer about a second job but they dont need to give permission. They can, however, forbid it if a) you are entering into competition with them b) your ability to perform you second job would be impaired and c) if your second job means you violate employment laws (max 10hrs a day work and 11hrs rest between 10 hr periods)

While you can argue that some sort of "hobby to job" thing was relaxation you were getting paid for (and so get round the 11 hrs rest), you are very unlikely to be able to do a professional job and run a catering/retail job on the side without working more than the 10 hrs. I think your main employer would want you not to do that.

andy M