When Does a Second Job Become Time Theft? - Criminally overemployed in Germany Part 2

Two full-time jobs, both remote, neither employer aware of the other, 60 hours, 80 hours, 100 hours: What is often legal in the US and celebrated as "overemployed" in online communities touches on three different areas of law in Germany. The Working Time Act (Arbeitszeitgesetz, ArbZG) limits how much you may work in total. Criminal law asks whether you have deceived an employer about your working time. And for holders of a Blue Card or another work visa (legally: a residence permit) under §§ 18a to 21 of the Residence Act (Aufenthaltsgesetz, AufenthG), immigration law also comes into play.

We have already explained whether you need permission from the immigration office (Ausländerbehörde) for a second job. Now we'll discuss the working hours themselves and when a second job becomes time theft (Arbeitszeitbetrug).

Can I work two full-time jobs in Germany?

No. Working hours with multiple employers must be added together (§ 2 para. 1 ArbZG). Daily working time may not exceed eight hours. It may be extended to ten hours only if an average of eight hours per working day is not exceeded within six calendar months or 24 weeks (§ 3 ArbZG). You can find the basic information on this topic in our guide to working hours in Germany. Because Saturdays count as working days (§ 3 para. 2 BUrlG) in Germany (Werktag), this results in a maximum average of 48 hours per week. In addition, there is the minimum rest period of eleven hours (§ 5 para. 1 ArbZG) and the prohibition of work on Sundays and public holidays (§ 9 ArbZG).

Two full-time positions of 40 hours each add up to 80 hours – far more than permitted. An exception applies to senior executives (leitende Angestellte) as defined in § 5 para. 3 BetrVG and chief physicians: the Working Time Act does not apply to them (§ 18 para. 1 no. 1 ArbZG).

Who is punished – the employee or the employer?

The employer. The sanctions under the Working Time Act are addressed to the employer.

It is an administrative offense (Ordnungswidrigkeit) for an employer to employ a worker beyond the legally permitted working hours or to fail to grant the required rest period (§ 22 para. 1 no. 1, 3 ArbZG). The fine can be up to €30,000 (§ 22 para. 2 ArbZG). Employers who act intentionally and thereby endanger the health or working capacity of their employees, or who persistently repeat the violation, are committing a criminal offense. They face imprisonment for up to one year or a fine (§ 23 para. 1 ArbZG). Employers should therefore insist that employees report any secondary employment - for employees with a residence permit also because a second job without permission puts their permit at risk.

Employees, on the other hand, are not subject to these provisions. Important: the employee can be neither liable for the perpetration (Täterschaft) nor for participation (Beteiligung § 14 OWiG respectively Teilnahme §§ 26, 27 StGB). This applies to fine provisions (Erbs/Kohlhaas/Häberle, 262nd edition, June 2026, ArbZG § 22 marginal no. 2) and criminal provisions (HK-ArbZeitR/Sänger, 3rd edition 2024, ArbZG § 23 marginal no. 7). However, if the employment contract stipulates a duty to report secondary employment, employees risk a formal warning (Abmahnung) and, in the worst case, dismissal for violating this secondary duty (remember the basics of protection against dismissal). This applies all the more if the secondary job is with a competitor – see our article about non-compete clauses.

Is overemployment automatically considered time theft?

No - but it can happen quickly, regardless of how many hours you work in total. Arbeitszeitbetrug is a buzzword, but not a legal term. In labor law, it means that an employee reports working hours they have not actually worked. Overemployees run the risk of overlapping work hours: The meeting for employer B/ J2 takes place during core working hours at employer A/ J1, but the time tracking system for A/ J1 still records full hours.

Labor courts regularly consider intentionally falsifying time records as a valid reason for summary dismissal (§ 626 of the German Civil Code, BGB), often even without prior warning. For example, the Hamm Regional Labor Court upheld a dismissal over an unrecorded ten-minute coffee break. The Federal Labor Court goes so far as to state that employers can, in principle, even claim damages from the employee for the costs of hiring a private investigator to uncover the fraud.

When is time theft a criminal offense?

If it meets the elements of fraud (§ 263 StGB) or computer fraud (§ 263a StGB).

The elements of fraud are: deception, error, disposition of assets, damage, and intent (including intent to enrich oneself). Deception typically involves incorrectly recorded times, falsified timesheets, or inflated timesheets submitted to clients. In the case of hourly wages, the damage is the wages for work not performed. However, in the case of a fixed salary – the norm for skilled workers with a blue card – the employer does not pay based on time tracking records, but rather on the terms of the contract. The disposition of assets then consists, at most, of the employer not reducing the wages for hours not worked (cf. § 326 para. 1 BGB). This interpretation requires justification and can be a basis for defense.

In digitized working environments, where time and work records are processed automatically without any human checking them, computer fraud (§ 263a StGB) can be applied instead of fraud. This makes little difference since the penalty range of § 263 StGB and § 263a StGB is the same.

Evidence and legal problems can arise with trust-based working hours without any time tracking. Since the Federal Labor Court (BAG) established the comprehensive obligation to record working hours (BAG, Decision of September 13, 2022 – 1 ABR 22/21), jobs without time tracking have become rare. Without any time tracking system, deception can only be considered by omission. Whether the required guarantor position (Garantenstellung, § 13 StGB) then arises from general employee obligations is certainly debatable. Regardless, such criminal proceedings often end with preceedings being discontinued in return for a payment (§ 153a StPO) – not least because of the ancillary consequences under labor law and immigration law that typically arise anyway.

Can I lose my Blue Card or visa over a second job?

Yes - there are three ways in which overemployment jeopardizes your residence permission.

Firstly, the dismissal (Kündigung): If your main job ceases, you have to report this within two weeks to the Ausländerbehörde. Your employer must report it as well (§ 4a para. 5 sentence 3 no. 3 AufenthG). The authority may then shorten your permit – but since July 29, 2026 only so that at least six months remain from the termination date of your employment, and never beyond its original expiry date (§ 18 para. 5 AufenthG).

Secondly, the criminal proceedings: The immigration authorities are informed immediately of the initiation of criminal proceedings , as stipulated in § 87 para. 4 sentence 1 AufenthG. A conviction can justify public interest in expulsion (Ausweisungsinteresse) and is a factor in naturalization proceedings if the sentence exceeds 90 fine units (Tagessätze) – see here for details on the consequences.

Thirdly, a second job without permission from the Ausländerbehörde is a separate administrative offense according to § 404 para. 2 no. 4 SGB III.

What should employers and employees do?

As an employee: Plan ahead before you start the second job. Check whether your residence permit allows it. If it does not, seek permission from the Ausländerbehörde. Review both employment contracts: if they require you to report a second job (Nebentätigkeit) or get approval for it, you are legally obligated to comply with those requirements and to give truthful information when doing so.

Schedule your hours so that both jobs together do not exceed an average of 48 hours per week, rest periods are observed and your working hours do not overlap. Track your hours truthfully. Your own records of working hours are a double-edged sword: they can serve as a helpful memory aid, but they can also become evidence against you. If your employer asks questions or dismisses you, if you receive a letter from the police, from customs (Zoll) or the Ausländerbehörde concerning your second job, do not make hasty statements. Seek legal advice first.

As an employer: Include an effective obligation to report secondary employment in all employment contracts and keep your time tracking system up to date.

Conclusion

Overemployment with two or more jobs is not inherently prohibited in Germany. However, it is often incompatible with working time laws. Furthermore , if your residence permit is tied to a specific type of employment, you will need permission.

This could mean fines and even criminal proceedings for your employer.

In cases of time theft, you also face the risk of criminal prosecution. However, the risk of dismissal and the associated risk to your residency permit are more significant and practically relevant.

A final word of advice: Those who work hard and receive little recognition may be tempted to seek it in online communities. While this is understandable, keep in mind that posts on Reddit, TikTok, or Instagram are not invisible to employers and law enforcement - they can become evidence.