Can I take a second job during my paid vacation?

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NO, says the law (in general)

“There are two absolute principles in English law. First of all a duty of loyalty to his employer, but also an obligation to rest after a certain number of days of actual work. “Very far from Eric Rocheblave the idea of ​​encouraging an employee to work during his holidays. But it is for the good cause also: the health of the employee, even his job, are at stake. “Paid holidays are made to rest, recalls this lawyer specializing in labor law in Montpellier. And beyond that, the employee is exposed to sanctions. If his employment contract includes an exclusivity clause, for example, he risks dismissal if his employer finds out. And even if he has no clause in his contract, he risks, with the combination of two contracts, exceeding the maximum working time provided for by law. “In the end, he commits an offense punishable by the fine prescribed for contraventions of the 5e class (ie 1,500 €) and likely to result in his dismissal. It is rare but possible. “

“”Special feature of English law: all employees can be hired through a harvest contract. It constitutes a derogation because it is low paid and limited to one month.”

YES, if the second job already existed before

Loïc Héron also discourages candidates for summer accumulation. If this lawyer sees an exception, it is more due to pre-existing situations. “Employees who already have a second employer can find themselves in this situation,” explains this lawyer associated with MGG Legal and specialized in social law. That is to say that for organizational reasons of one of the two employers, they may find themselves on leave from one employer and not from the other. An employee can in fact combine two jobs on condition that he respects a weekly working time of 48 hours and inform his employers. For the rest, this expert recommends the utmost vigilance. “There is an absolute ban linked to English law since the law on paid holidays of 1936, and reiterated even more recently in community law. In the eyes of the law, it is a right that must be taken in kind. The employer must give the employee the possibility of taking his leave and the employee must also actually take them. He also cites another unrecognized risk. “There is also, in theory, another responsibility that nobody ever talks about with regard to Unemployment Insurance. It is rare but a prefect or a mayor can sue an employee before a civil judge by arguing that he would have deprived an unemployed person of a potential contract instead of taking his leave. “

YES, if he does volunteer work … or the harvest

There are therefore few possibilities to combine two activities. “There is always the possibility of indulging in a voluntary activity, observes Éric Rocheblave. An employee can participate in a restoration project or give courses in an association, for example. “But not enough to satisfy employees wanting to earn a little extra money. “Or they can do the harvest,” adds Loïc Héron. Particularity of English law: all employees, including employees on paid leave and public officials, can be hired through a harvest contract. “The harvest contract constitutes a derogation because it is poorly remunerated and limited to a period of one month. “

YES … if you invoice your service

There remains, however, an ultimate – but real – possibility. “Half of the new auto-entrepreneurs already have a salaried activity elsewhere,” notes Grégoire Leclercq. For the president of the Federation of auto-entrepreneurs, nothing prevents an employee from invoicing a service during the summer. “It's even more and more common. The range of activities is very wide and the procedures for registering for the status are very quick and easy. Despite everything, this expert recommends that candidates take some precautions. “Depending on the planned activity, it is better to reread your employment contract and check that you are not bound by an exclusivity and non-competition clause. And, in general, it is better to warn your employer. Provided that he does not exercise this second activity from his office or with his work tools, he cannot normally oppose it, except for civil servants. »Nothing then prevents an employee from accepting a billed assignment during his holidays. It is a possible parade. “Because this service, fixed, will not be counted in salary nor in working hours. And his payment will also be postponed by a few weeks, well after the end of the holidays … “



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