Many people in work want to do a doctorate alongside their job and first ask whether they need permission. The answer starts with the employment contract, because it usually sets out what is allowed. The provisions we checked do not contain a general legal duty to have every doctorate approved.
Short answer: Whether you must seek consent depends first on your employment contract, then on any collective agreement or works agreement. For commercial employees, section 60 of the German Commercial Code (HGB) bars, without consent, operating a trading business and making deals for your own or another’s account in the employer’s line of business. A doctorate alone is not a trading business. Last updated: October 2026.
Key facts at a glance
- The employment contract is the most important guide, supplemented by any collective agreement or works agreement.
- The provisions we checked contain no general legal duty to get consent for a doctorate.
- Section 60 HGB applies to commercial employees and targets competition with the employer.
- A scholarship from the Hans-Böckler-Stiftung excludes side jobs.
- Write down agreed times, leave and topics.
What does the employment contract say?
Many employment contracts include a clause on side activities. It can require you to notify or obtain approval for a side activity. Whether a doctorate counts is not regulated the same way everywhere, so read the clause carefully and do not guess.
| Situation | What to check | Sensible step |
|---|---|---|
| Clause requiring approval | Whether a doctorate counts as a side activity | Obtain approval before you start |
| Clause requiring notification | Which details are expected | Notify in writing |
| No clause | Whether a collective agreement or works agreement regulates it | Still start the conversation |
| Research close to the business | Whether your topic and the employer clash | Agree the topic in advance |
The clause on approval is the decisive one. If it is clear, follow it. If it is unclear, asking once too often is better than asking once too little.
What does section 60 HGB say?
The provision applies to commercial employees, known in German as Handlungsgehilfen. Under its wording, such an employee may not, without the consent of the employer, operate a trading business or make deals for their own or another’s account in the employer’s line of business. Consent to a business already run is deemed given if the employer knew of it when hiring and did not expressly require it to be given up.
A doctorate has only a limited connection to this. The provision concerns competition, that is, dealings that compete with the employer. If you research within your employer’s company, check whether a competitive situation arises rather than whether a doctorate is allowed in principle.
When can conflicts still arise?
Conflicts rarely arise from the doctorate itself. They more often concern working hours, confidentiality and topics. If you write about the employer’s data, customers or products, questions of confidentiality come up quickly. Work that competes with the business can also become a point of dispute.
Time gets tight when supervision meetings fall into working hours. Clarify early whether flexitime, home office or a time account is available, so that neither the job nor the doctorate suffers.
How do you run the conversation?
A good conversation needs preparation. These steps help:
- Read the employment contract and the clause on side activities in full.
- Check whether a collective agreement or works agreement adds rules.
- Prepare concrete details: topic, time frame, supervision and the days you need.
- Keep the employer’s answer in writing, for example by email.
If you are unsure, the HR department or the works council can help. For concrete disputes, advice from a specialist lawyer for employment law is worthwhile.
Does a scholarship fit with this?
The Hans-Böckler-Stiftung excludes combinations with side jobs and part-time employment. If you want a scholarship, you cannot simply keep your job unless the activity falls outside that rule. Clarify this before you apply. Our article on a PhD alongside work, with schedule and leave shows how to plan hours and leave.
Why the contract question is often underestimated
Many employees only check their contract once a dispute arises. By then the room for manoeuvre is often smaller, because facts have already been created. Read the contract before you choose a topic, not afterwards. A collective agreement or works agreement can also contain rules that the employment contract does not, so both documents belong in your preparation.
Which details should you give your employer?
You do not need to disclose every detail of your research. A conversation becomes easier if you name the main points:
- The topic in broad terms, without confidential content
- The planned hours per week and the duration
- Supervision meetings and colloquia that may fall into working hours
- The leave you need for submission deadlines and examinations
- Your assurance that your work will not suffer and that you will keep your work commitments
What about release time and educational leave?
Release time for further education is regulated by the German states under their educational leave laws. Whether a doctorate counts as a recognised educational activity depends on the state law and is not uniform across Germany. Check the law of your Land before you apply. A right does not follow automatically from it.
What happens if the employer says no?
A refusal is not automatically the end of the plan. Ask for the reasons and check whether another arrangement is possible, for example a topic outside the core business or different working hours. Having a refusal confirmed in writing helps you with the next steps.
Frequently asked questions
Can my employer forbid the doctorate?
Whether an employer can prohibit something depends on the contract and the individual case. There is no blanket answer. The provisions we checked contain no general ban on doctorates. In a dispute, legal advice on employment law is worthwhile.
Is a verbal agreement enough?
Written is better. An agreement in text form helps if questions come up later. Make sure times, leave and topics are named concretely, because general wording leaves room for misunderstanding.
Should I mention the doctorate in a job interview?
You decide that yourself. If you plan the doctorate before the contract starts, it is better to raise it early, because later changes to a contract are more complicated. An open conversation at the start avoids disappointment on both sides.
Does this also apply to student jobs?
Even for smaller roles, the employment contract applies. The clause shows whether a side activity must be notified. A scholarship can set an additional limit, as described above.
Next steps
- Find the clause on side activities in your contract and read it in full.
- Check collective agreement and works agreement for further rules.
- Hold the conversation with concrete details and keep the answer in writing.
- Clarify early whether a scholarship fits with your job.
Related articles
- PhD Funding: Position, Scholarship or Own Savings
- PhD in Germany: routes, titles and requirements
- PhD alongside work: schedule and leave
Sources: Section 60 HGB, German Commercial Code (gesetze-im-internet.de, checked October 2026); Hans-Böckler-Stiftung, PhD funding (checked October 2026).
Last updated: October 2026. This guide is general information, not individual advice, and does not replace legal advice on your employment contract.
