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:
Over the past year, the number of rental properties sold has risen sharply. Private residential landlords are pulling out due to stricter regulations and declining returns. For tenants, this creates uncertainty about their rights. Still, one reassuring rule applies: “Sale does not terminate the lease.”
An amendment to the Working Conditions Act requires employers to consult the Works Council on health and safety policy with effect from 1 July 2026. What issues are involved? What other rights does the Works Council have regarding working conditions?
What can you do if you have a dispute with the board or the manager of the homeowners’ association? For example, regarding overdue maintenance or whether sustainability measures are too expensive?
On-call contracts offer many advantages for both employers and on-call employees. However, there are also a few rules that they need to take into account. What are they?
The government wants to improve the legal position of flex workers with a new law. What will it mean for employers and flex workers that this legislative proposal has been adopted? What new rules will you need to take into account?
European regulatory developments are introducing major new obligations for companies in the retail, fashion and luxury sectors. Companies must prepare their compliance processes accordingly.
