My contract states the following:
"The Employee is not allowed to have any other paid or unpaid occupations or tasks which are significantly time-consuming during the term of this contract without a specific written consent".
Is it legal in Finland for employers to forbid employees from having entrepreneurship or other secondary jobs by having them in the job contract? Also what if it's not significantly time-consuming? How is this defined?
Also, In the contract penalty section, nothing is stated about the secondary job.
Can your employer legally forbid you from having a second job?
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Re: Can your employer legally forbid you from having a second job?
It's unlikely to be binding. You are not allowed to compete with your employer though.rockorocko wrote: ↑Fri Jul 19, 2019 11:33 amMy contract states the following:
"The Employee is not allowed to have any other paid or unpaid occupations or tasks which are significantly time-consuming during the term of this contract without a specific written consent".
Is it legal in Finland for employers to forbid employees from having entrepreneurship or other secondary jobs by having them in the job contract? Also what if it's not significantly time-consuming? How is this defined?
Also, In the contract penalty section, nothing is stated about the secondary job.
https://www.finlex.fi/fi/laki/kaannokse ... 010055.pdfSection 3 Competing activity
Employees shall not do work for another party or engage in such activity that would, taking the nature of the work and the individual employee's position into account, cause manifest harm to their employer as a competing activity contrary to fair employment practices.
During the term of employment, employees shall not embark on any action to prepare for competing activities as cannot be deemed acceptable, taking into account what is stipulated in subsection 1.
An employer which recruits a person whom it knows to be impeded from work on the basis of subsection 1 is liable for any loss caused to the previous employer jointly with the employee.
Re: Can your employer legally forbid you from having a second job?
I think your employer wants to prevent you from taking day and night shifts resulting in a tired not very attentive worker. But that could be covered by negative performance reports."The Employee is not allowed to have any other paid or unpaid occupations or tasks which are significantly time-consuming during the term of this contract without a specific written consent".
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Re: Can your employer legally forbid you from having a second job?
I don't supposed Finnish law is very different from UK or other countries I know ...
ie that the reasonable intention is to stop you being too tired to do your work for this company. Another probably unstated intention is to stop you working in the evenings for a competitor, but if they were serious about that they would have a non-compete clause.
And that it's very likely not enforceable at all.
ie that the reasonable intention is to stop you being too tired to do your work for this company. Another probably unstated intention is to stop you working in the evenings for a competitor, but if they were serious about that they would have a non-compete clause.
And that it's very likely not enforceable at all.
Re: Can your employer legally forbid you from having a second job?
Indeed not in a legal proceeding. But if the boss thinks your performance is hampered by your second job, there will be consequences. (like no promotion, negative performance reports, .....) Trying to outsmart your employer is never a good idea.And that it's very likely not enforceable at all.
Re: Can your employer legally forbid you from having a second job?
Common law vs. civil law. https://en.wikipedia.org/wiki/List_of_n ... al_systemsSecretCode wrote: ↑Fri Jul 19, 2019 5:58 pmI don't supposed Finnish law is very different from UK or other countries I know ...
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Re: Can your employer legally forbid you from having a second job?
No.rockorocko wrote: ↑Fri Jul 19, 2019 11:33 amIs it legal in Finland for employers to forbid employees from having entrepreneurship or other secondary jobs by having them in the job contract?
(Except for the cases of direct competition.)