Can my employer ban me from freelancing on the side?

Contract bans any second job or freelance work? See what 'exclusive services' really covers and a clause that allows non-competing work with disclosure.

The risky clause

The Employee shall devote full time to the Company and shall not engage in any other employment, consultancy or business activity, paid or unpaid.

Why it is dangerous

A total ban covers hobbies and unpaid projects. A fairer clause bans conflicts of interest and work for competitors, and lets you do unrelated side work outside office hours with disclosure. Breaching a ban can lead to termination, so get permission in writing. This is general information, not legal advice.

Safer clause to propose

The Employee may undertake outside work that does not compete with the Company, does not use Company resources, and does not affect performance, after written disclosure to the Company.

Message to send

Hi [HR Name],

Could the exclusivity clause allow non-competing work outside office hours after I disclose it to the Company? I would like to make sure the rules are clear. Thank you, [Your Name]

Frequently asked questions

Is a second job allowed in India?

It depends on your contract and policy. Many employers prohibit it or require permission.

Can I do unpaid or hobby projects?

A very broad clause may cover them too. Ask to carve out personal and non-commercial projects.

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