clause in contract requiring permission to do other work

[Jester]

We were issued new contracts last year. For the detail of many of the clauses we are referred to our intranet site which has many of the policies etc we adhere to. The webite is UK and alot of this stuff seems to have a UK bias and the employer would be influenced alot from the US global HQ.

One recently discovered clause is an 'exclusivity of services' clause, whereby we cannot do outside work without written permission from the employer. We are questionning the legality/enforcibility of such a clause in Ireland, especially if we complete our seven/eight hours day and fulfill our role and carry out the additional work outside hours and at weekends. The desired work is related to the job I do, but would not be in direct competition with the employer i.e. my target market is not catered for by my employer.

With pay freezes and falling net income, additional work would be useful!

Any opinions/experience of working with such clauses would be appreciated.

 

[mathepac]

IME an 'exclusivity of services' clause in an employment contract is -

• not unusual
• perfectly legal
• enforceable.

Note: you are not prevented from taking up outside work; you have agreed to seek the permission of your employer first.

The detail puzzles me. Did you sign a document, the employment contract, which refers to conditions or clauses on a web-site?

 

[Mr. C.J.H.]

Such clauses are perfectly legal. The two main purposes of them is:

1. That the employer can keep track of your working hours in any second employment so that they can ensure that working hours at all
times meet the requirements of the Organisation of Working Time Act 1997.

2. That you do not enagage in any employment which might conflict with your duties to your main employer e.g. a rival company, etc.