Side business Public Services
December 17, 2020 | 35,00 EUR | answered by Rechtsanwältin Jasmi Jasmin Pesla
Hello,
I am a musician (freelancer, insured with KSK).
Due to Covid19, I have felt very uncertain as a musician in the last few months and I wanted to do something about it.
At the beginning of November, I registered a side business for an online shop and started a small online business. I have registered the business with the trade office and tax office.
At the end of November, I also applied for a permanent position at a music school and surprisingly, after the interview, I was offered the position and I will likely sign the contract tomorrow.
The position is remunerated according to TVöD 10. So it's a public service position.
Do I need to consider anything in the contract? Is it possible to continue my side business and freelance work? I read a lot of controversial things on the internet about permits, etc.
Do I have to mention any of this or can I keep it to myself?
Thank you very much.
Dear questioner,
You would then fill a position in the public service. This means that you would have to report a sideline to your superior and obtain their permission. Primarily, you should be able to fulfill your duties in the public service dutifully. Therefore, you should not engage in activities that conflict with your duties or you would have to be exempted as a musician (after the crisis). However, you must definitely disclose the activities and request permission from your employer. The reputation as a civil servant should not be compromised by these activities, so it can rather be assumed that the activities should generally be approvable. Something else could result from the activity as a musician if you would have to be exempted from service too often. If you would like to carry out the trade (in the area of online sales) as a small business owner, you would also have to apply for exemption from value added tax at the tax office if you wish to do so.
Yours sincerely
Lawyer Jasmin Pesla
