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by adventskalender
2382 days ago
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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. |
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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#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.