Having a "side hustle" is becoming a more common option for workers.
Most individuals who work a second job do so out of need. For some, it's about the chance to master new skills.
Whatever the cause, many critical issues arise:
Is there a potential conflict of interest?
Will having a second job have an adverse influence on performance, engagement, and productivity?
Will they be too weary and endanger their health and safety?
What is the legislation regarding second jobs?
The law does not prohibit anyone from working two jobs.
Employers have a significant difficulty since employees may not be taking the needed rest breaks and may be going past the weekly working hour restriction. This might imply that you are in violation of the Working Time Regulations.
Regulations Regarding Working Hours
Employees are not permitted to work more than 48 hours a week on average, according to the Regulations. The average is calculated over a 17-week period. Time taken as statutory yearly leave or sick leave is not included for calculating average hours. By accepting in writing, the employee may opt out of the working week restriction. In most cases, this is accomplished via a working hours opt-out agreement. A Human Resources Specialist can assist you in writing this.
Workers are entitled to a minimum of 20 minutes of uninterrupted relaxation for each working day that exceeds six hours. They are also entitled to 11 hours of uninterrupted rest every 24 hours and 24 hours of uninterrupted relaxation every week. It is up to you whether you want to organize weekly rest times so that employees have two uninterrupted 24 hour rest periods or one unbroken 48 hour rest period every two weeks.
These working time restrictions are important not only for employee comfort, but also to safeguard their health and well-being, prevent excessive exhaustion, and avoid accidents.
So, what can businesses do?
Both employers must guarantee that the employee's total working hours in both occupations do not exceed 48 hours. If the employee has elected to opt out, this does not apply.
If you suspect one of your workers has another employment, you should inquire about it. Whether they have a second job and their working hours surpass the weekly working time restriction, you should ask them if they are willing to sign an opt out agreement. If they refuse to opt out, you must look at measures to guarantee they do not over the 48-hour weekly restriction.
You should also consider if they are working so many hours that there is a danger to their health and safety, and what reasonable efforts are required to eliminate these risks.
Many employers include a provision stating that they should not engage in any business activity that interferes with the employee's ability to devote their full attention to their role or attention during working hours, or that conflicts with business interests without prior consent from the employer. The employee should provide you with all pertinent facts, enabling you to analyze how it impacts both the individual and your company. It also assists you in meeting your duties under the Working Time Regulations.