Additional employment restrictions: can an employer require exclusivity?

Additional employment of an employee, permitted or prohibited? Can an employer, in accordance with the applicable provisions of the Labour Code, ban an employee from taking on additional work? When does an employer have the right to do so?

Under the existing Labour Code, employers cannot unilaterally enforce the ban on additional employment of employees. This restriction is only legally enforceable through the appropriate use of a non-compete clause.

Since the amendment to the Labour Code, which came into force on 26 April 2023 as part of the implementation of Directive (EU) 2019/1152 of the European Parliament and Council, employers cannot prohibit employees from simultaneously being employed by another entity or providing services for such entity on a different basis, such as running a business or entering into a B2B contract, provided this takes place outside the working hours agreed with the primary employer. This additional work cannot be used as a reason for terminating the employment contract – Piotr Kryczek, Counsel, TGC Corporate Lawyers in an article for BPCC Contact Magazine.

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