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Ancillary activities

You know it: a hobby that got out of hand where you secretly spend a lot of time on. And weekends you spend as a volunteer at the sports club. Or all those evening hours you spend setting up your own company. These are all examples of (ancillary) activities that you can perform in addition to your job. Have you ever thought about how your employer views these activities and whether you are obliged to report this? Does it make any difference whether it concerns paid or voluntary work? In this blog we tell you more about ancillary activities.

What are ancillary activities and when should you report this to the employer?

Ancillary activities are activities (paid or unpaid) that the employee can perform in addition to his job. In principle, the employee is obliged to report ancillary activities that may hinder proper performance of the job. To avoid discussions with the employer, you can consider always reporting ancillary activities. This could include volunteer work, another part-time job or your own business that you run after hours. It may also be wise to report the exercise of a board position.

Can the employer prohibit the performance of ancillary activities?

In principle, the employer has no control over what yes as an employee does in private. Sometimes, however, the employer can still prohibit ancillary activities. Reasons for this may be that there may be a conflict of interest (if you are employed by a competitor), that the employer may suffer image damage or that you no longer function properly because of the many hours you spend on the ancillary activities. In the question whether the prohibition is permissible, the interests of the employer must be weighed against the interests of the employee. If you are in doubt whether the ban is permitted, you can always contact De Unie record.

Can ancillary activities always be performed if they are not explicitly prohibited?

If no prohibition on ancillary activities has been agreed, the employee can generally perform ancillary activities as usual. Unless the ancillary activities are against good employee practices. An employee does not act as a 'good employee' if the employee competes with the employer or is no longer able to perform his work to the best of his ability. This occurs, for example, when the employee keeps showing up at work exhausted by doing too much work in the evenings or on weekends.

In the case of substantial ancillary activities, the employer may require an employee to request written permission in advance to perform ancillary activities. Often a prohibition on ancillary activities is included in the employment contract, the collective labor agreement or in a personnel manual. The starting point is that you are not allowed to perform ancillary activities, unless the employer gives permission. If the employer has given his consent, he can only withdraw it on the basis of special circumstances. This may be the case, for example, if there are changed circumstances at the employer, as a result of which it can no longer be expected of him to maintain his consent.

What are the consequences of breaking the ban?

Often a violation of the prohibition becomes a boete posed. This must be paid if ancillary activities are nevertheless carried out. It may also be the case that violating the prohibition is so serious that you will be dismissed. In extreme cases this is even possible fired immediately to be. It is good to always stay in consultation with the employer, especially if you have doubts as to whether the activities you perform are appropriate for your position.

Questions?

Do you have any questions? Then contact us. We can help you with this. We can be reached by telephone on 0345 - 851 963 and you can also email us via sc@unie.nl