Risk of overworking in Nebenjob

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Hi,

I work as a full time-employee. As per the rule of my company, I am not allowed to work more than 7.7 hours of second job (Neben job) and need to inform the company before doing so.

 

How risky is it to work in a Nebenjob over the time limit without informing the employer. Is there a possibility of employer being informed through some third party (e.g. during tax declaration) and what could be the consequences? Could such a behavior impact stay in Germany (already as a permanent resident with Niederlassungserlaubnis) or getting a citizenship in future.

 

I know it is unethical to ask such a question but somehow I feel certian policies are unfair. More so, knowing the risks for slight violation always help.

 

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13 minutes ago, Sandyyybhai said:

 

How risky is it to work in a Nebenjob over the time limit without informing the employer. Is there a possibility of employer being informed through some third party (e.g. during tax declaration)

 

The tax return has nothing to do with this, but if your work performance drops because you are constantly overtired, your employer can of course take action and draw consequences. And since the employer is legally obliged to observe your working hours and to ensure the legal rest periods he can also demand that you give him correct information about your additional working hours. 

 

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and what could be the consequences?

 

If you violate your employment contract, this can result in warnings and dismissal. That's logical, isn't it?

 

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Could such a behavior impact stay in Germany (already as a permanent resident with Niederlassungserlaubnis) or getting a citizenship in future.

 

No.

 

 

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Please don't let yourself be exploited. You will pay with your health. It is not worth it. These rules are there for a reason.

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I assume that is 7.7 hrs. per week?  Have you asked why it's 7.7 and not rounded up or down?  It just seems like a funny number to limit at.

 

Looking at  https://www.nebenjob.de/ratgeber/3164-maximale-arbeitszeit-wie-viele-stunden-im-nebenjob-sind-zusatzlich-erlaubt there is a legal limit of 2 hrs. per day that you may work in a nebenjob, assuming that you have already worked 8 hrs. that day in your main job as by law you are not allowed to work more than 10 hrs. per day.  You also need to keep at least an 11 hr. break between the end of your work day and beginning of the next.  If you don't have to work on the weekend, you could legally work in your nebenjob on the one day but you must have at least one day off per week.  A nebenjob in order to be tax free must be under 450€ a month which under the current minimum wage means max. 45 hrs. a month.

 

Your employer probably wants to limit it because they don't want you to be too tired to do your main job and possibly they don't want you to commit to too many hours at a nebenjob because they might want you to be available too in case they need you to work overtime.

 

Surely you can ask them why there is a 7.7 hr. limit and if they are strict on it.  I don't know how likely it is that they'd find out if you did.  Maybe not very likely.  Still, are you willing to risk your job if they do?

 

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