12.10.2022

NOTIFICATION TO THE EMPLOYER WHEN CONCLUSION OF A CIVIL CONTRACT

It is not uncommon for us to receive offers for additional work in the form of a civil contract in parallel with the fulfillment of our obligations under an employment contract.

Most people feel anxious when receiving such offers because they believe that the employer will not allow them to work elsewhere.

However, should employers interfere in such situations and should they be notified when entering into a civil contract with their worker or employee?

The worker or employee may conclude employment contracts with other employers to perform work outside the working hours established for him under the main employment relationship (external compatibility), unless a prohibition has been agreed in his individual employment contract under his main employment relationship due to the protection of trade secret and/or conflict of interest prevention.

If such a prohibition is not regulated in the individual employment contract, you do not need to notify your main employer, but you must declare this circumstance to your employer under the second employment contract, as well as declare the insurance income on which the insurance is due installments.

The ban on performing additional work at another employer can only be negotiated due to the protection of trade secrets and/or the prevention of conflicts of interest. This in itself guarantees the right to work for workers, including with another employer, while at the same time taking into account the need to protect the employer's commercial interests and/or prevent conflicts of interest, which should be avoided when the worker or the employee works for more than one employer.

The law also provides for cases in which it is prohibited to put in additional work by workers or employees who work under specific conditions and the risks to their life and health cannot be removed or reduced, regardless of the measures taken - for work under the same or other specific conditions. The same applies to those positions and professions that are expressly defined in law or in an act of the Council of Ministers.

Everything listed up to this point applies only and only in cases where the relations between the parties are settled by means of an employment contract, in the sense of the Labor Code.

However, how are things when concluding civil contracts when we are also appointed to an employment contract?

In the case of a civil contract, the contractor himself organizes his work and achieves the result due in the contract, regardless of whether he is bound by other civil or labor contracts. The civil contract is not registered with the National Revenue Agency. The parties can freely determine the content of the contract, as long as it does not contradict the norms of the law and good morals.

Since the Labor Code nowhere mentions a requirement for employees to ask for permission from the employer or to notify him of the conclusion of separate civil contracts, it can be argued that workers under an employment contract do not have this commitment and employers should not require similar information.

Reference:

Art. 111, Art. 112 of the Labor Code

Art. 9 of the Law on Obligations and Contracts