The main purpose of an undeclared work policy is to establish clear expectations that an employee`s responsibilities in your company should be their primary task and activities outside of work should never affect job performance. Moonlighting policies are created to protect your business. Conflict of interest policies also help ensure that your employees are not working for your competitors and are working for you at the same time. If you decide to implement an undeclared work policy to protect your company, it is recommended that you do not focus on regulating the behavior of your employees. Instead, focus on the fact that there should be no disruption in your business. In particular, emphasize the importance of an employee`s performance and set working hours. It is not recommended to prohibit your employees from having a second job. Indeed, these rules are difficult to apply and can lead to the loss of respected employees. When developing your undeclared work policy, consider including a clause stating that employees must first obtain approval before receiving external employment. The following are two examples of undeclared work strategies that contain an example of language that would be appropriate for this type of clause. If a member of your team is considering working outside because they want to improve their skills or career, you may be able to help them achieve this in our company. Discuss opportunities for new projects, job rotation or training opportunities.

[Company Name] applies this policy consistently and without discrimination to all employees and in accordance with all applicable labor and labor laws and regulations. The following rules for external employment apply to all employees who inform their supervisors or managers of their intention to engage in external employment: Some employers choose to define part-time employment as regular, paid work (permanent or temporary) that carries certain responsibilities. According to this definition, an employee who works in a café who expects him to work regularly would be covered by an undeclared work policy. On the other hand, work such as volunteering, freelancing or casual work with a friend or family business would not be covered by the Undeclared Work Directive. In other words, if a freelancer often works normal hours or hours of work that conflict with normal hours of work, he may fall under this directive. If you violate this policy by showing attendance or performance issues due to your external employment, we can: If an employee holds an external job, this can put a strain on your business in several ways, such as: It is useful for employers to describe what type of work is covered by their undeclared work policy. Is volunteering eligible? Will the work be for a coffee? A good undeclared work policy describes and defines what they consider to be part-time or part-time employment. This section of a directive on undeclared work is usually associated with the obligation not to work for competitors. The purpose of this section is to give an employer the opportunity to ensure that the secondary activity that an employee wishes to engage in does not constitute a conflict of interest or have a negative impact on the employer.

An undeclared work policy is an advantage because it can increase the productivity of employees. There are several ways in which an employee`s external work can have a negative impact on a company. An example: our company does not want to exclude its employees from undeclared work. But we want our employees to be transparent about their part-time jobs so that we can more easily avoid conflicts with their main jobs. An employee`s external employment can weigh on your company in the following ways: Impairment of the main job. The main purpose of most undeclared work policies is to establish your expectation that employees treat their work in your company as their primary task and do not allow other jobs to interfere with the execution of the main task. No employee may, during or after working hours, accept or engage in any activity, undertaking or occupation that would be contrary to the interests of XYZ COMPANY or would reduce the employee`s ability to provide the Company with the full, loyal and undivided service contemplated in his or her employment by XYZ Corporation. Requires approval of employment. When formulating your undeclared work policy, you may want to include a clause stating that an employee must obtain approval for any external employment. The following two examples provide an example of language you can use for this type of clause: Also keep in mind that your team members may have other options than accepting an outside job if they have financial problems or are looking for variety in their work.

It is your responsibility as a manager to find ways to help them as much as possible. If you include this clause, make sure it is not too restrictive and that you apply it systematically to all employees – do not allow anyone to hold another job and prohibit another employee from doing so if the circumstances are similar. Overall, non-compete obligations are much more complicated than an undeclared work policy or any other manual policy. First, a non-compete obligation must be included in a formal and legally enforceable contract drafted by a legal expert. Unless otherwise agreed, employment by XYZ Company is considered « full-time ». XYZ Company acknowledges that, in certain circumstances, an employee may have the right to accept casual work outside of working hours if there is no conflict with XYZ Company`s interests. If you`re worried that another job will interfere with an employee`s work for your company, or if you want to ban employees from working for competitors, you need to protect your company with an undeclared work policy. Note that nothing in this policy prevents an employee from taking a job at another company, but simply informs the employee of what they need to do to keep their position with your company. It`s not just a semantic difference. A directive that explicitly prevents employees from keeping an external job is not an undeclared labour policy, but an attempt to enforce a non-compete obligation that is not at all enforceable as a manual directive. Some employers choose to establish a ban on undeclared work (also known as the « undeclared work clause ») through an undeclared work policy.

What`s the difference? A ban on undeclared work prohibits employees from working under the table in general, while a policy on undeclared work can be seen as a guide to undeclared work. An undeclared work policy and a ban on undeclared work achieve essentially similar objectives, they can prevent conflicts of interest and increase employees` attention to the work of the main employer. However, the prohibition of undeclared work has certain disadvantages compared to the development of an undeclared work policy. Remember that if you decide to implement a moonlighting policy, there is no need to prohibit employees from accepting other job opportunities. However, it should be clear that a second job cannot affect job performance in your company. In general, undeclared work policies generally take into account the following factors: With a moonlight policy, because there is a change in prioritization, employees are better focused on the employer`s tasks, which could increase a company`s overall productivity. This provision is one of the most common terms in an undeclared work policy. This ensures that the likelihood of employees benefiting from competitors is significantly reduced by revealing their employer`s trade secrets. Similarly, workers will not be able to use training acquired in their employer`s workplace for the benefit of their employer`s competitors while they are employed. Below are examples of some of the safeguards an employer would like to include in their undeclared work policy.

The above list is not exhaustive and employers can choose to introduce more prohibitions as long as they are associated with their business. However, it should be noted that in the United States, undeclared work laws may vary slightly from state to state. Therefore, it is recommended that employers who wish to obtain more specific advice on what they are allowed to prohibit from consulting a local lawyer. For example, some states allow employers to ban undeclared work altogether, while others only allow the prohibition of certain actions, as mentioned in the example above. Nevertheless, if an employer persists in prohibiting actions based on company-related concerns, their undeclared work policies will generally be legal. If you decide you need a moonlight policy, don`t focus on regulating employee behavior outside of the department. Instead, any policy against undeclared work should focus on the issue of non-interference in your business, especially the employee`s performance in your company and the hours of work required for your work. Don`t ban employees from having other jobs – it will be difficult to enforce them and could result in the loss of some good employees. As with all policies, making your requirements too restrictive will do you more harm than good. .