Are you allowed to work while on vacation?

For many people it sounds tempting to top up their regular salary with extra work during their time off. But is that even allowed? In theory, working on vacation is prohibited under labor law. Section 8 of the German Federal Vacation Act (Bundesurlaubsgesetz) states: "During vacation, the employee may not engage in gainful employment that conflicts with the purpose of the vacation."

But what exactly is gainful employment? Gainful employment is an activity that is paid. That means all unpaid work, such as working in your own garden or in your own home, is allowed. Paid work is only allowed if it is more relaxing than your everyday job.

working on vacation labor law

This means the work has to be a different kind of strain than your actual job. The time spent must also be shorter. For example, if you sit in an office for 8 hours a day, you may work 2 or 3 hours outdoors during your vacation, because it's different work from your usual routine, you do it for far less time than your regular job, and the recreational purpose mentioned above is still met.

People in vocational training are allowed to have a side job during their vacation. As an apprentice, you have to inform your training company about this side job, and your employer has to approve it. They may only forbid the side job if the work could negatively affect you.

Working on Vacation Labor Law - Do I Have to Be Reachable on Vacation?

No, an employer generally may not demand that. Vacation is meant for rest and recovery, which is why you're under no obligation regarding working on vacation under labor law. However, there is also no ban on handling small tasks like checking emails during your vacation. Only in the rarest cases is there an agreed and objectively justified on-call duty.

This tends to apply more to managers. Even with such an on-call duty, it is not grounds for dismissal if you can't be reached on vacation. If your employment contract contains such an obligation that you didn't know about, you should bring in a lawyer who knows the topic of working on vacation under labor law and have them review the contract.

Working on Vacation Labor Law - What Happens If You Get Caught Working Illegally on Vacation?

If you take on gainful employment during your vacation that conflicts with the obligations in your employment contract, you are working unlawfully. Unlawful work on vacation under labor law can have many consequences. Your employer could of course ask you to stop this work, but they could also immediately pursue a cease-and-desist claim or issue a formal warning.

If that warning is ignored and you refuse to give up the unlawful work, it can also lead to dismissal. If you get injured during the unlawful work so that you can no longer do your actual job for your main employer, the employer could even demand compensation for damages.

Consequences of unlawful conduct:

  1. Cease-and-desist claim or
  2. Formal warning from the employer
  3. Dismissal