Allowed or forbidden? The duty of loyalty decides#
The law does not generally prohibit secondary employment. But the duty of loyalty (Art. 321a CO) means that a side job must not impair the interests of the main employer – in particular no activity for a competitor.
Check in this order:
- Employment contract: does it contain a reporting obligation, a requirement of consent or an express prohibition?
- Competitive situation: are you working for a competitor or in an area where you use the main employer's know-how?
- Time burden: are recovery, performance and availability still guaranteed?
A side job that respects these points is as a rule permissible. Anyone who conceals it although the contract requires notification risks a warning through to dismissal.
Working time: what the Labour Act allows#
The maximum working time under the Labour Act applies per employment relationship – not as a total across all jobs. That means: two positions of 40 hours a week each do not necessarily breach the Labour Act, but they may conflict with the employer's duty of care and with your health.
These limits are practically relevant:
- Night and Sunday work requires a permit and carries special surcharges.
- Rest periods between two work assignments must be observed – with two employers that is your responsibility.
- Excess hours in the main job may not be "offset" by a side job.
Anyone working 100 percent in the main job should realistically check whether a second job is sustainable in terms of time and health – not only legally.
Social insurance with two employers#
Each employer settles AHV/IV/EO and unemployment insurance separately. In practice this leads to duplicate contributions that cannot always be offset – especially in occupational pension provision.
- AHV: contributions are deducted per employer; the contribution period counts in total.
- BVG: each employer applies the coordination deduction. With two part-time positions, the total insured amount can be too low – a well-known gap.
- Accident insurance: mandatory through both employers; non-occupational accidents are covered via the main employer.
- Daily sickness benefit: may be regulated differently by each employer.
Anyone with two positions totalling more than 100 percent should have the BVG situation reviewed once by the pension fund – not only at retirement age.
Taxes: rate determination instead of double taxation#
With several employers the rate determination principle applies: tax is calculated on the total income, but only the share is withheld by each employer. Anyone not subject to withholding tax declares both incomes in the tax return – that is not double taxation, but it can lead to a back payment.
Practical points:
- The second employer must be informed about the additional employment so that the tariff is applied correctly.
- With withholding-taxed employment, a subsequent ordinary assessment is possible if the income exceeds certain thresholds.
- Expenses and disbursements from the side job are only deductible if they are work-related and documented.
The side job in your CV: when it helps and when it does not#
Not every side job belongs in the CV. The rule of thumb: include it when it is professionally relevant or explains a gap.
- Relevant: an activity that evidences your target competence – such as tutoring for prospective teachers, bookkeeping for a trust company, a barista job for applications in hospitality.
- Gap filler: a side job during a transitional phase explains a gap better than an empty line.
- Not relevant: purely casual work with no link to the target profession – here a collective entry is enough ("Various casual jobs, 2019–2021").
Careful with the wording: in the CV the side job must not appear more important than the main activity. List it under the main position, with reduced scope and a clear statement of the workload.
Residence permits and reporting obligations#
For third-country nationals, the work permit is as a rule tied to the employer and the position. A side job with another employer requires a new or amended permit – without it the activity is illegal, regardless of the employment contract.
For EU/EFTA nationals full freedom of movement applies; the reporting obligation when taking up a position remains, however. Anyone working on a self-employed basis on the side must also check registration with AHV as a self-employed person.
For cross-border commuters, the tax agreement with the country of residence must also be observed – a second employer in Switzerland can change the logic of withholding tax.