Secondary employment, social media presence, love at work - Frequently Asked Questions in Employment Law

Can the boss ban my social media account? 

It is out of the question for your employer to interfere in your private affairs. Whether Instagram, Facebook or Twitter, you decide where you want to be present. You are even allowed to disclose where you work. It only becomes critical when company secrets are revealed.

The publication of professional secrets, e.g. the company agreement, may well be grounds for dismissal. In that case, you would be in breach of your duties under the employment contract. Furthermore, you should only ask professional questions in public anonymously.

So if you publish something, always make sure that no relevant customer data etc. can be identified.

When do you have to be at work?

If the employment contract states that work starts at 9.00 a.m. Then you must also start work at 9.00 am. This means that it is not sufficient to arrive at this time.

But what if you have already made a phone call to a customer before you start work? Your boss would probably say that it does not count. Counter question: Would he want you to refuse the call? Probably not. Ergo, this also counts as working time and must be paid accordingly.

Can the boss forbid secondary employment?

In most cases, the employment contract states that secondary employment must be approved. Ineffective! Although this clause has been used for a long time, it is invalid. How you organise your free time is none of the employer's business.

However, there are two exceptions:

• Competitive relationship with your job
• Damage to the employer's reputation

For example, you are not allowed to work for the competition at the same time or to spread incorrect work practices in the office as a part-time influencer.

Dismissal for lovers in the office? 

Where love falls is difficult to influence. Of course, one is allowed to fall in love in the office. And although in the USA such circumstances can lead to dismissal, here in Germany dismissal in this regard is ruled out. The employer has nothing to decide here.

Nevertheless, you should not exchange intimacies at work, because colleagues do not like it. Especially not between supervisors and employees.

What happens to employees when they retire? 

Retirement does not automatically mean the end of the employment relationship. Only in the circumstances of death of either party or dismissal does such a relationship end. If the employer wants to terminate, he risks losing the employees even before the closure. Therefore, there are two options:

• Offer the employees a bonus to stay until the end.
• You give notice only at the time of the actual closure.

In the second case, you can hope that the employees will find a new job as soon as possible.

We recommend that you discuss your case with an employment lawyer. Feel free to contact us by phone and get a free initial assessment.