Unauthorised Secondary Employment | Moonlighting

Do you suspect that one of your employees is engaged in an unauthorised secondary job, possibly even working undeclared? Our IHK-certified commercial detectives in Duisburg can provide clarity: +49 203 3196 0052.

Signs of a Secret Side Job

Many employers have no fundamental objection to a secondary job, as long as the main role is not adversely affected. This restriction has good reason: a fatigued, distracted, or potentially irritable employee is counterproductive and – depending on the field of work – may even damage the company’s reputation. A customer is unlikely to return or recommend your company if they encounter a poorly motivated or inattentive employee in person or over the phone. If such negative effects on the main job are noticeable, the secondary employment is automatically prohibited under the Working Hours Act (ArbZG), regardless of the employer’s opinion.

If you observe that the negative traits described above consistently apply to one of your employees, this raises the suspicion of secret secondary employment. Even when secondary jobs are generally permitted, problems may arise over time; for example, if the employee works for your company during the day and takes on night shifts in the hospitality sector, the aforementioned “side effects” naturally occur. Our experienced detectives in Duisburg can monitor your employee to determine whether they are engaged in secondary employment and what type it is. The findings are compiled into a legally admissible evidence report. Send us a non-binding request by email at kontakt@kurtz-detektei-duisburg.de or contact our Duisburg detective agency by phone.

Secondary Employment with a Competitor

The situation is entirely different if an employee carries out their secondary work for a competitor. Such activity cannot be excused by personal problems; in general, there is little to no leeway – it is simply prohibited. There is no need for an explicit prohibition in the employment contract; rather, it is an automatic duty arising from the employment relationship not to work for competitors. The reason is obvious: conflicts of interest almost inevitably arise, as Company A would naturally want to know Company B’s structures, workflows, or customer data (and this is just one problematic aspect among many). To mitigate the risk of trade secret violations in the long term, many employment contracts include non-compete clauses, which may even prohibit competing activities after the end of the employment relationship in exchange for compensation. Any secondary business that directly competes with the employer is likewise impermissible. For example, if you run a specialist tea shop and your employee operates an online tea business, even if it does not interfere with their main job, it is still direct competition. They risk a formal warning with a cease-and-desist order or even immediate termination.

Our Duisburg commercial detectives investigate your suspicion by monitoring the employee or conducting research, such as covert interviews. Any evidence collected is legally admissible, providing compelling material to enforce labour law measures. Moreover, the employee responsible for the damage may be required to reimburse the detective fees incurred. Describe your case by phone at +49 203 3196 0052 or via our contact form. We provide free, non-binding advice on case-specific investigative options.