Unauthorised Secondary Employment | Illegal Work

Our IHK-certified corporate detectives in Bielefeld conduct discreet investigations to obtain court-admissible evidence of illegal and/or contractually prohibited secondary employment: +49 521 2567 0055.

Fatigue | Declining Performance | Competing Employment

In Bielefeld, 146,919 people are in employment subject to social insurance contributions – 32,119 in industry and 114,588 in trade and services. In contrast, there are 26,012 unemployed persons, amounting to 9.2 per cent; thus, Bielefeld lies 1.2 per cent above the North Rhine-Westphalia average and 2.8 per cent above the national average (2015). Multi-year analyses show a clear trend: the higher the proportion of employees in trade and services, the higher both the unemployment rate and the crime rate. Popular opinion often assumes that increasing crime is largely a consequence of unemployment – yet that is only part of the issue, as around 50 per cent of all economic offences involve employees of the affected company.

In addition to theft and fraud, employees often harm their employers through the pursuit of prohibited side jobs: full-time staff as well as part-time workers use their free time – or even working hours (in conjunction with working time fraud or abuse of sick leave) – for additional employment. Secondary employment is not reprehensible per se, yet such activity frequently takes place in competing companies, resulting in clear conflicts of interest, not least due to the constant risk of confidential information being leaked. Moreover, secondary employment is subject to the approval of the primary employer, who must ensure that the employee is still able to perform their main job fully and without performance decline due to exhaustion. It is therefore reasonable, when an employee appears perpetually tired and their performance declines, to suspect a second job – especially if the person concerned cannot credibly explain the issue in a personal conversation. Our detectives in Bielefeld will gladly advise you on the investigative options available to clarify such suspicions: kontakt@kurtz-detektei-bielefeld.de.

Secondary Employment May Constitute Multiple Criminal Offences

Illegal work occurs across all income levels: low earners take a second job to make ends meet, while high earners seek additional employment to afford luxuries. To avoid the taxman profiting from their second income, such secondary jobs are left unregistered – allowing both the employee and the employer of the second job to avoid statutory contributions. However, both parties thereby make themselves liable to prosecution under Section 263 (Fraud) and Section 266a of the German Criminal Code (Withholding and Misappropriation of Wages) as well as Section 9 of the German Illegal Employment Act (SchwarzArbG). If an employee performs undeclared work while feigning illness, they additionally commit wage continuation fraud, since the primary employer must continue to pay wages during certified incapacity to work.

Should one of your employees call in sick suspiciously often, appear constantly exhausted at work, maintain contacts with competitors, or otherwise arouse suspicion of unauthorised and possibly undeclared secondary employment, you should contact our Bielefeld detective agency without delay. Prolonged hesitation can lead to significant financial damage, and the disloyal employee may serve as a bad example to others. We discreetly observe the suspect, verify possible connections to competitors, and document all findings in legally admissible written form. Receive comprehensive and non-binding advice on your case. Please use our contact form or call us on +49 521 2567 0055.