Is working on vacation allowed? Can you take on a side job voluntarily, or somewhere else? Do you have to be on call for your employer during your vacation? We want to explain and answer all these questions in the text below.
When an employee goes on vacation, the main reason should be rest and switching off from working life. That doesn't work, however, if you take on another, paid job during your vacation.

working on vacation allowed

Working on Vacation Allowed - What Does the Law Say?

Section 8 of the German Federal Vacation Act (BUrlG) states it very clearly: during vacation, the employee may not engage in gainful employment that conflicts with the purpose of the vacation. Statutory vacation exists for rest; the purpose behind it is to preserve and renew the employee's strength. They should use the time wisely to switch off and gain some distance. This must not and should not be ignored.

The legislature clearly prohibits you from engaging in gainful employment, side activities and jobs for which you receive money. That means work performed in exchange for pay, whether for your own employer or for a different one. Exempt from this law are all voluntary activities, help for neighbors, work on your own house or garden, and any work for which you receive no pay.

Working on Vacation Allowed - Do Employees Have to Work Despite Their Vacation?

Many employees find themselves in a so-called catch-22 here. On the one hand they need the long-awaited rest; on the other hand, being constantly reachable for the employer causes constant stress. You can't really get away and switch off that way, of course.

Vacation is paid time off and is meant for rest. It does not entitle the employer to disturb you during this time.
So there is no obligation whatsoever to work during recreational vacation. The exceptions are cases where your employment contract provides otherwise.

There is also a provision for this in Section 13(1), sentence 3 of the BUrlG. Being reachable by phone, reading and answering emails or other interruptions are permitted on vacation only in absolute emergencies. Often it is more of a moral obligation, or the fear of losing your job, that keeps people constantly on call.

Working on Vacation Allowed - Voluntarily?

There is no law that forbids you from voluntarily working for your employer on vacation, or from turning off your phone for that period.
In some positions, a certain degree of availability is simply expected without saying so. To what extent this may be exploited, however, is not defined.

Can you work for another employer on vacation?

If an employee works as a freelancer or for another employer during vacation, this can violate obligations under the employment contract.
Any kind of second job can be checked for timing, duration and rest periods under Sections 3, 4 and 5 of the German Working Hours Act (ArbZG).
The employer can demand that the second job be stopped; if the employee does not comply, they face consequences under employment law, such as a formal warning or even dismissal.

Where working on vacation is allowed, in brief:

  • In the garden
  • At your own house
  • For neighbors or family
  • As a volunteer
  • And practically anywhere you can help without collecting pay.