Information on secondary occupations

A secondary occupation is a professional activity that is exercised by a person who is covered by a

collective labour agreement in addition to his/her main employment. A secondary occupation is
permitted provided that it has no negative effects on official interests of the main source of
employment (e.g. conflict with official duties, harmful to the reputation of the main place of
employment).

The law governing secondary occupations for persons governed by a collective labour agreement at
universities is set forth in Article 40 (2), No. 2, of the pay agreement for the civil service in the federal
state of Hesse (TV-H):

“The employee must inform his/her employer in writing sufficiently in advance of taking up
any secondary occupation. The employer may forbid the secondary occupation or impose
restrictions if the occupation is likely to interfere with the fulfilment of the employee’s
duties under his/her contract of employment or to be prejudicial to the employer’s
legitimate interests. For secondary occupations in the civil service, a duty to deliver may be
imposed in accordance with the conditions in force at the place of employment.”

Interference with duties under a contract of employment may occur, for example, if the secondary
occupation takes up a large amount of time. In the rules governing secondary occupations for civil
servants in the federal state of Hesse, criteria were developed to define the conditions under which
interference with official interests or duties under a contract of employment might occur. These criteria
will be taken into account in assessing any secondary occupation reported.

Please note your obligation to notify your employer of any such occupation. Your attention is drawn to
the fact that if this rule is violated, a breach of contract is deemed to have occurred, which can have
consequences in terms of your employment.

Further information on the concept of secondary employment, legal principles, provisions under civil
service law and the notification procedure is available on the Human Resources Department’s website
http://www.uni-giessen.de/cms/nebentaetigkeit .

The staff in the Human Resources Management Division of the Human Resources Department at Justus
Liebig University Giessen will be pleased to answer any questions that you may have.

Human Resources Department, JLU Giessen, C3

October 2010