One of the most controversial questions is what happens when an undeclared worker invents something or develops a new process that is valuable to the employer. Some employers explicitly state that if an employee develops “intellectual property” alongside it – a new invention, technique, process, software, etc. – the employer has the legal rights to it. Employers also have good reason to oppose undeclared work if it interferes with their business interests. For example, employers might want to prohibit workers from performing undeclared work for a competitor or even a related company. And they may want to prohibit workers from using company time or resources for secondary jobs. Whether you`re an employee or an employer, it`s a good idea to talk to a labour lawyer about concerns about undeclared work. Clarifying your current rights can prevent lawsuits and other problems in the future. If you are an employer, it is a good idea to have undeclared written work. Such a policy can provide guidance to employees and facilitate disciplinary (or legal) action if an employee crosses the line.
On the other hand, employers have every right to object to undeclared work if the employee`s performance in his or her main job is adversely affected. In many cases, an employer can absolutely prohibit undeclared work. But it`s rarely a good idea. Banning someone from pursuing their dreams or taking a second job to support a family, even if it doesn`t really hurt the employer, can hurt morale and recruitment. If an employer fires someone for outside work that did not harm the business, a jury might later suspect that the employer was in fact motivated by some form of unlawful discrimination. Dapat malinaw sayo bakit nga ba bawal ang moonlighting. Hindi explicitly na pinagbabawal yun but remember the consequences making 2 jobs ket pa partime yung isa, means that it can lose productivity ka due to lack of sleep to naturally low ang magiging performance/productivity mo. Sa aspeto pa lang na yan can make Sila kick you out. But of course, they will either ask you to leave the other job or quit. But if they feel betrayed and that`s a reason for “loss of trust,” they can just be an and kill you. Proceed carefully.
Hanap ka na lang ng ibang work. Or better yet, be honest and say annoyed ka so they can assign you tasks. But let`s face it, no one of their sane mind would do that, hehe. Anong usual and extreme punishment na alam at narinig ninyo for undeclared work or with 2 jobs at the same time ditto sa Pinas? I`m just thinking about having another job since I`ve been sailing boring na current job ko. Tatanggalin lang ba sa trabaho? Thanks in advance. Employers` reactions to undeclared work are varied: some don`t care, others see it as a dismissal offence. Many employers have no problem with a second job, as long as the employee`s job performance remains strong and as long as nothing the employee does for an outside company interferes with the employer`s business interests. Employers may also require employees who have moonlight to inform the employer that they are doing undeclared work, as well as the type of work they are doing and for whom they are doing it. This gives the employer the opportunity to know if what the employee is doing is actually detrimental to the company. This is a very important topic for employees who are considering starting their own business while working for someone else.
In fact, there are many cases where a start-up was unable to secure funding because there was a legal cloud as to whether the company`s ideas actually belonged to a founder`s former employer. If you are considering undeclared work, it is certainly advisable to check whether what you are planning violates your employer`s written guidelines or your own employment contracts. Even if it doesn`t violate a written policy, undeclared work can still be illegal (and sue you) if it violates a “duty of loyalty” to an employer – for example, if you use an employer`s ideas or clients to start your own business. It`s not uncommon in these tough times for people to take a second job on the side – or even spend time outside of work starting their own business. And, of course, employees can be prohibited from stealing trade secrets or customers. Dun sa dating company ko accent lang nila na wag its same industry or competing company nagtrabaho. Ang pagkatanda ko nun is subject to long termination.
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