Germany: New job during planned vacation

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─ Hello, the editorial board of MK-Compatriot! Thanks for your advice.

Our situation is as follows: my husband works full time under an open-ended contract. During the peak of the pandemic, he worked very hard and had accumulated overtime. Not taken vacation yet. We decided that he would take a vacation for half August and the whole of September. He is not very satisfied with his work. One colleague constantly brings it up. The husband is looking for a new job.

Can he start a new full-time job while on vacation? For example, from mid-August? Under the agreement, he must declare his dismissal a month in advance. At the end of August, he could have announced his dismissal. In this case, will he be paid vacation pay and salary for August? Will he be officially listed in two jobs? Or is it worth taking a vacation and starting work in October?

Olesya D., Cologne.

─ Dear Olesya!

The leave is granted to the employee for rest, so that after the vacation, the employee with renewed vigor can fulfill the obligations provided for by the employment contract. According to § 8 of the Bundesurlaubsgesetz, an employee must not engage in work activities that are contrary to the employee’s rest during vacation. Thus, while on vacation, your husband should not start work in a new job, and even full time. Otherwise, the employer has the right to demand the termination of this activity or, in some cases, even to terminate the employment contract for an indefinite period.

If your husband decides to change his job, then before starting to work in a new job, he should terminate the current employment contract. In addition, it is possible, by mutual agreement, to conclude an agreement with the employer to terminate the employment contract by a certain date, while it is possible to agree on the payment of unused vacation and overworked hours.

Maxim BRITANOV, attorney.

Germany says this:

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