WHEN CAN WE CONCLUDE A SECOND EMPLOYMENT CONTRACT?

In the Labor Code (LC), in Art. 110 and Art. 111 are settled opportunities for additional employment contract with the same or another/second employer. According to the first provision, the employee may conclude an employment contract with the employer with whom he works to perform work that is not within the scope of his work obligations, outside the working hours established for him.

As for the additional work with another employer, the Labor Code stipulates that the employee may enter into employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external part-time), unless is agreed otherwise in his individual employment contract under his main employment relationship.

It should be borne in mind that there are restrictions related to the duration of working hours, which are introduced by Art. 113 of the LC. The maximum duration of working hours under an employment contract for additional work together with the duration of working hours under the main employment relationship in case of daily calculation may not exceed:

- 40 hours per week - for employees under 18 years of age;

- 48 hours a week - for other employees. With their explicit written consent, employees over the age of 18 may work more than 48 hours.

The employee under Art. 110 and Art. 111 gives his written consent to work more than 48 hours a week to the employer with whom he works. The written consent of the employee under Art. 111 for work more than 48 hours per week is given to the employer - party to the employment contract for additional work.

In all cases of additional work, the total duration of working hours may not violate the continuous minimum inter-day and weekly rest established by this Code.

In case it is impossible to combine the work under your main and additional employment contract, you can use the right to request paid or unpaid leave from your main employer. Keep in mind that the Labor Code provides for the consent of the employer to provide you with the requested leave.