Employers beware: as of 1 August 2022, the side activities-clause may be null and void

 

On 20 June 2019 the European Directive on transparent and predictable employment conditions ("the Directive") was adopted. Among others, this Directive contains minimum requirements for employment conditions including the possibility to engage in side activities. As the Directive must be part of the Dutch legal system by 1 August 2022, a legislative proposal was recently submitted to Parliament. It follows from this legislative proposal that a restriction on having multiple paid or unpaid jobs can only be imposed by an employer if it can provide an objective justification. Examples are health and safety and the protection of confidential company information.


If the objective justification is not included in the side activities-clause, the employer must provide an objective reason when invoking the clause. In the absence of an objective justification, the side activities-clause is null and void. If the employee disagrees with the (objective) justification provided by the employer, he/she may appeal to the civil court.

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