Can my employer tell me what to do in my free time?
February 1, 2023 | 40,00 EUR | answered by Alexander Lenzner
Dear lawyer,
I am reaching out to you with a question regarding labor law. My name is Jürgen Richter and I work as a clerk in a company. In my free time, I enjoy participating in extreme sports such as climbing and mountain biking. Recently, my supervisor informed me that he has concerns about my extracurricular activities and suggested that I should restrict them as they could pose a risk to my health. He mentioned that this could also have an impact on my work if I were to get injured.
I am concerned about this directive from my employer, as I believe that my free time is my own business and I have the right to determine my hobbies myself. I feel limited and I wonder if my employer has the right to dictate what I can and cannot do in my free time.
Can you please tell me if my employer actually has the right to make regulations regarding my leisure activities? Are there any legal provisions that protect my rights regarding my free time? Are there possible solutions to this problem so that I can continue to pursue my hobbies without conflicts with my employer?
I thank you in advance for your help and advice.
Sincerely,
Jürgen Richter
Dear Mr. Richter,
Thank you for your inquiry regarding employment law related to your leisure activities. It is understandable that you are concerned about your employer's requirements regarding your hobbies and the potential impact on your work. In Germany, there are legal regulations that protect your rights regarding leisure activities.
In general, employers do not have the right to interfere in the private affairs of their employees, as long as they do not affect work performance. Your leisure activities are usually your own business, and your employer cannot dictate what you can and cannot do in your free time. This means that you generally have the right to pursue your hobbies, as long as they do not affect your ability to work.
However, it is important to note that your employer is responsible for your safety and health in the workplace. If your leisure activities pose a high risk of injury and could potentially affect your ability to work, your employer may be justified in imposing certain restrictions. This should be done within the framework of legal provisions and taking into account your personal rights.
To find a possible solution to your problem, I recommend first discussing the issue with your employer. Explain your perspective and try to reach an agreement that considers both your interests and the interests of the company. If no agreement can be reached, you may also seek advice from an employment law expert to clarify your rights and potentially take legal action.
I hope this information is helpful to you and wish you success in resolving this matter.
Sincerely,
Alexander Lenzner
Attorney at Law
