More than 1 salary source

[Prettyparrot 0]

Hi, 

After working exactly for an year, my employer dismissed my full-time contract at the end of February 2023. I was relieved from work and told that I'll be on garden leave during the 3 months notice period until May 31st. I was also offered severance payment of one month gross salary and the employer told that this time can be used to search and seek a new job. 

Now, I got a new offer from another company and they are asking to join on April 3rd.

Can I accept this new offer while I'm under the payroll of current company?

Should I inform the current company about this new offer and is there a possibility to loose my severance pay because of this?

Will there be any problem if I receive salary from both the companies (new&old) for April and May?

My new company is not a competitor to my current company. My new company asked to submit only the reference letter from my current company which included my employment termination date as May 31, but I asked my current company to remove this employment termination date from the reference letter and they agreed to it.

Please find attached screenshot for reference and looking forward for your suggestions. 

[jeba 4,364]

According to my layman´s understanding, you´re allowed to start working during garden leave if your current employer doesn´t object. It will negatively affect your tax class though and your public insurance contributions w etc. ill increase for the time of overlap.

[Prettyparrot 0]

Thank you so much 

[xaple 2]

The answer is actually no.

 

Even while you are on gardening leave, you have to respect the rules of your employment contract, unless something to the contrary is listed in your original employment contract. Your employer will be notified by the Finanzamt by the change in your tax class if you take up another employment, so they will find out.

 

There are many reasons behind it: it's a huge headache for payroll, since you will be paying social insurance twice. You need the approval from your employer to start another job. The only exception is if anything else was agreed by you and the employer when you were terminated. In both employment contracts, it's likely that there is a clause in there that you need the approval to work for another employer -- if it's the case, then you are breaching both of your employment contracts since you do not have approval.

 

Generally, if you find a new job, some employers will allow you to sign a settlement agreement, whereby the employment is terminated on March 31 and you receive the remaining salaries in one-go (I think it's called the Sprinter-Klausel or something). 

[lunasuenos 84]

When our company made a major closing we had many employes took new jobs before the end of garden leave. I dont know what the options to do it was was called offically but they  were paid only  50% of the garden leave time and started their new jobs. They did need to make some arrangement with hr and works council to do this. Also it was a large closure with 70 people...but there were a lot that did this as many went to the same new company.