In 2022, about 362 people in the Netherlands had an additional job in addition to their main job. At the same time, most of the standard employment contracts had a clause according to which the employer could prohibit part-time work on the side. From August 000, 1, such bans will require good reason.
New employment contracts must necessarily contain a clause stating the reasons why the employer may prohibit the employee from working in other places. But changes in the legislation also apply to previously concluded labor agreements: even if in the old contract the employer had the right to prohibit part-time employment without explanation, now the prohibition will have to be explained.
What changes will take place on August 1st?
An employment contract in connection with the introduction of the new EU Directive on transparent and predictable conditions of employment does not give the employer the right, without good reason, to prohibit his employees from earning money in other places.
Such grounds may include:
- Concern for the health of the employee and the safety of his work,
- Protecting the confidential information of the employer's company,
- The occurrence of a conflict of interest,
- Violation of the requirements of the law on working hours.
Other grounds can also be used - the main thing is that when an employee goes to court, the employer is able to prove his case. The employee must be notified orally or in writing about the grounds for the prohibition of part-time employment. The employer may report new grounds later, in the process of applying the ban, if there are good reasons for this.
What will happen to old employment contracts?
The clause allowing the employer to prohibit the employee from earning extra money on the side remains in force. However, before applying the ban, the employer must formulate a legally irreproachable reason for its application. If there are no such grounds, the employee has the right to perform paid work for another employer.
We recommend employers to study previously concluded employment contracts and apply the clause on the prohibition of part-time work only if there are legal grounds for this. We also advise you to formulate this clause of new employment contracts so that it does not violate the law. If you need legal assistance, you can always contact to the lawyers of our company Nalog.nl.
Publication Date: 07.07.2022
