Employers are no longer allowed to prohibit ancillary activities of employees without any reason. But what can you, as an employer, do to prevent your company or your employees from getting into trouble because they take on another job?
Currently, most ancillary activities clauses contain an absolute prohibition on ancillary activities. From 1 August 2022, a prohibition to perform ancillary activities will only be valid if it can be justified on the basis of objective grounds.
However, the legislator does not point out what an ‘objective ground’ is. The Working Conditions Directive does mention a few examples, such as:
There might also be objective grounds if the employee works more hours than permitted under the Working Hours Act. In order to assess whether there is an objective ground, the employer must assess it in terms of its effectiveness (suitability and appropriateness) and proportionality. The interests of the employee also have to be taken into account.
As of 1 August 2022, clauses will be immediately null and void if they prohibit ancillary activities or contain grounds which are not ‘objective’. As an employer, you can however repair this nullity by giving an objective ground when you want to prohibit ancillary activities.
It is advisable to include an amended ancillary activities clause in new employment contracts, which states that ancillary activities are only prohibited subject to objective grounds. We advise you not to include any concrete objective grounds in the clause; after all, you only have to give an objective ground when you actually invoke the clause. That way, you as an employer are not restricted to the grounds stated in the clause.
Do you have any questions about the new regulation of ancillary activities of employees? Do you want us to check your ancillary activities clauses? Or do you have any other employment law issues you would like to submit to a lawyer? Please contact us:
What should you bear in mind if you want to change the rent for your business premises? When are you allowed to adjust the price yourself? And in which cases do you have to go to court?
In principle, a continuing performance agreement can always be terminated, even if no arrangements have been made in this regard. But you can’t just do it. What do you need to take into account when terminating the agreement? And what if you want to deviate from the arrangements made about terminating the agreement?
A new EU regulation requires anyone wishing to import cultural goods into the EU to have an import license or submit an importer’s declaration from 28 June 2025 onwards. When is which type of document required? How does it affect art dealers, galleries, auction houses and collectors, both inside and outside the EU?
The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers if the legislative proposal is adopted? What new rules will you need to take into account?
The statutory minimum hourly wage changes every six months. What are the new amounts as of 1 July 2025?
On 28 June 2025, the European Accessibility Act will come into force. From that data, digital products and services must also be accessible to people with disabilities. Which companies, products and services does the Act apply to? What disabilities should you take into account? What are the consequences of not complying with the Act?
