The European Union (Transparent and Predictable Working Conditions) Regulations came into law in December 2022, and makes a number of changes to employment contracts. One such change is in relation to exclusivity clauses; clauses preventing an employee from working in parallel for another employer.
Previously, a contract could require exclusivity of an employee. Now the starting position is that exclusive service may not be a term of the contract. Moreover, an employer may not penalise a worker for taking up employment with another employer.
The regulations state that an employer must show objective justifications if they are to limit the employee’s right to undertake outside work. The justification for the restriction must be written into the contract or written statement. The justification for a restriction on taking up outside work may include:
- Health and Safety
- Protection of business confidentiality
- Integrity of Public Service
- Avoidance of Conflicts of Interest
The new rules place a new burden on employers with regards to the recording of working time. The employer is responsible for ensuring that a worker does not exceed the maximum allowable number of hours worked, and could find themselves in breach if the work they provide to the worker tips them into excessive working hours.
The above is provided for information purposes and is not intended as legal advice. We, at Fitzsimons Redmond LLP, would be happy to talk to you about your compliance with employment law. Please contact us on 01-6763257.
By Lisa Quinn O’Flaherty
Partner at Fitzsimons Redmond LLP
