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No Freelance Work clause in Permanent Full Time Contract.

  • 13-09-2015 5:26pm
    #1
    NoNixerClause
    Registered Users, Registered Users 2 Posts: 2 ✭


    Some permanent full time work contracts have a clause that prevents an employee from taking on any form of employment or paid work.

    I am wondering if such a clause would be enforceable?

    Also, would there be a requirement for an employee to let their employer know about any extra work they are taking on?

    Can en employer infer that an employee is doing nixers based on the changes the additional income would make to their tax situation?


Comments

  • #2
    Paul_Mc1988
    Registered Users, Registered Users 2 Posts: 748 ✭✭✭Paul_Mc1988


    I too would like to know this. My current employee contract has this clause but the work I would like to do is not connected to my job in any way.

    Basically I'm a qualified electrician but went back to college to do a degree. I obtained my current job with my degree. I have quite a bit of spare time so would like to do some electricial work outside of work hours


  • #3
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    They would be enforceable in certain situations. Non-compete would be an almost blanket yes to enforceability IMO.

    I suspect the main reason (other than NC) would be to ensure you're not going over the 48 working hours limit.


  • #4
    NoNixerClause
    Registered Users, Registered Users 2 Posts: 2 ✭NoNixerClause


    MarkAnthony wrote: »
    They would be enforceable in certain situations. Non-compete would be an almost blanket yes to enforceability IMO.

    I suspect the main reason (other than NC) would be to ensure you're not going over the 48 working hours limit.

    Thanks MarkAnthony, it does seems fairly clear cut in the case of non-compete clauses, and the working time act.

    The case where the working time rules are not being broken, and the work being done is not for a competitor is perhaps less clear cut?


  • #5
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    I'm not fantastic on employment law I have to admit and to be fair I shouldn't be advising you anyway due to the forum charter.

    Hypothetically I'd guess they would probably face a similar test to restraint of trade clauses, however No nixer clauses (love the name btw) would not have the same Constitutional issues. By extension then one has to wonder do they fall foul of Contract law - I personally don't think they do; put bluntly you agreed to it and it's not impinging on any fundamental Constitutional right I can think of and I very much doubt it's covered in legislation.

    That leaves case law and case law is why common law countries have the best lawyers in the world I'm certainly not one of those! :D So sans an expert I'm afraid it's a case of venturing to an employment lawyer, or doing it quietly and hoping you don't get caught.


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