part time workers

lill

I have a clause that is in my contract that basically says ' you must get permission from us before you can work for another company while you are employed by us' As my contract is for 2 days, can i be held to then even though im not contracted for the other 3 days?

basically what im asking is
if I say 'I want to work for company Y for the 3 days im not working for you' can company x say 'no you cant because we want you to work overtime for those 3 days'
Even though ive expressed an interest to work those days on a permanent basis and said im not interested in working them as overtime.

ohreally

This is fairly common,with permission usually granted if no conflict of interest exists. Tread carefully if you're considering doing this without bringing it to you employers attention as they may claim missconduct and use this as a convenient excuse to terminate your contract.

lill

Its ok i fully intend to inform them, I just need to know if they can stop me working else where if they want me to work those days as overtime.

I don't mind the odd hour or two overtime here and there, but I don't want to regularly work 1.5 times my contracted hours as overtime when the rate i will be paid for those hours worked out annually would be only worth 3/4 of the value of those hours worked if they were contracted.

ohreally

Unless the ot is not contractual then there should be no issue in terms of the employer insisting you work.My only area of concern, from another of your posts, is you appear to be on a probationary period. My gut reaction is your current role with this employer may not be for you - is your old job still available or would that no longer be an option.

Debt_Free_Chick

Permission of this type cannot be unreasonably witheld - so your employer would have to demonstrate a jolly good reason for not allowing to work elsewhere, on those days where you are not contracted to work for them.

I can't think of one ......

Alexandria

Its a fairly standard clause and IME it is normally only applied when someone wants to work on the same day as their existing position. For example if you wanted to work early hours before your shift they could say it would reflect on your work there or if you were going to another job afterwards they could say it prevents you doing a reasonable amount of overtime.
In your situation I can not imagine it being a problem.

lill

ohreally wrote: »

My only area of concern, from another of your posts, is you appear to be on a probationary period. My gut reaction is your current role with this employer may not be for you - is your old job still available or would that no longer be an option.

Im just exploring my options, my actual job, I have no issues with and its something i think i will really enjoy and do well in once the teething issues are out of the way .
I would happily carry on doing this job so long as im able to do another job or contracts on my none contracted hours to make up the loss in wages. And then look for a better position in 6- 12 months
I get on very well with everyone there, I thought i got on well with this line manager and from what other people have said hes known for trying to cut corners

As for going back to my other job, its not an option.



To everyone else thanks I thought it would only apply to days im contracted to work, but wanted to double check