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by BSousa 4772 days ago
Quite common.

But in many cases, unenforceable. For example, every contract I signed (both in the UK and Portugal) have it, and while I don't know for the UK, here in Portugal you can't sign your rights away which this falls under. So people just sign it and know if worst comes, the courts will always side by you.
1 comments
walshemj 4771 days ago
Legal in the UK I think every contract I have ever signed says no outside work with out clearance from your boss.

You can sign some rights away just not all of them.

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BSousa 4769 days ago
It says on the contract, but is it really legal? I'm honestly asking as I mentioned, I know portuguese labour law quite well (my cousin is a lawyer specialising in labour law and as such, she looks over all my contracts and say what is valid or not.) Have you talked with a lawyer about it over there in the UK? I know the UK didn't sign some EU directives about overtime pay for IT workers so they don't fall on the common EU law, but when I was in England, noone I worked with actually knew if the 'outside work' clause was legal. I personally did freelance work (which my leads knew about) and never got any problem for it even though the contract specified I couldn't.
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walshemj 4769 days ago
BTW Professionals are exempt from a lot of the Directives on working time and 99% of IT workers are considered professionals.

Um IANAL but I am an "approved person" as it applies in the UK (ie I could represent some one at a discipline or grievance hearing)

In the UK and the USA employment law descends from the Masters and servants act.

The argument used would be having another job without your employers agreement is a fundamental breach of trust between the employer (master ) and the employee (servant)

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