2. Injuries caused by doing side jobs shall not be recognized as work-related injuries and labor disputes according to the law firm’s work-related injury determination standards. According to laws and regulations, the following three elements must be met at the same time: working hours, reasons for work, and workplace. In other words, if the worker does not meet any of the requirements, it cannot be considered a work-related injury.
3. If you engage in side business, you may be fired by the employer. If the employer stipulates fishing behavior, then when the behavior reaches a serious level, the employer can terminate the labor contract.
4. The employer’s business secrets/content above the confidentiality level cannot be disclosed. Although many workers know this, it is not that easy to do. Especially under the temptation of profit, in order to control, they will disseminate or sell some customer data and customer information they have at work. If this kind of behavior constitutes a civil infringement, criminal liability will be pursued in serious cases! Such as crimes of job embezzlement, crimes of infringement of business secrets, crimes of selling or illegally providing citizens’ personal information, etc.
5. There are high risks in starting a side job and be careful not to be cheated. The reason why there are so many articles on the Internet is that there are only a handful of reliable articles. The reason is simple, because in the eyes of ordinary workers, some platforms seem to be free, but you need to pay a certain fee and deposit to join the group and find a master. This seemingly reasonable behavior is actually not legal, and some platforms often default on payment or delay delivery, because the behavior of labor workers themselves is in a gray area and relatively lacks legal protection. Once the two parties conflict, It will be difficult to advocate for one's own legitimate rights and interests, and the huge cost of defending labor rights will deter some unscrupulous people. Criminals will take advantage of this mentality to make money.
The law does not prohibit side jobs after get off work, but you should pay attention to the following points.
1. I have been repeatedly warned not to engage in work related to my main business.
2. Civil servants are not allowed to engage in part-time jobs. Part-time jobs must be approved and cannot be paid!
3. If there is a stipulation in the labor contract, it must be handled according to the stipulation.
4. If the side job affects the main job, you may still be fired.
Legal basis
"Labor Contract Law of the People's Republic of China"
Article 2 Scope of application When enterprises, individual economic organizations and workers establish labor relations, this regulation shall apply This Law shall apply to enterprises, individual economic organizations, private non-enterprise units or other organizations within the territory of the People's Republic of China that establish labor relations with workers and conclude, perform, modify, terminate or terminate labor contracts.
Article 3 Basic Principles When concluding a labor contract, the principles of legality, fairness, equality, voluntariness, consensus, and good faith shall be followed.
A labor contract concluded in accordance with the law is binding, and the employer and the employee shall perform the obligations stipulated in the labor contract.
The conclusion, performance, modification, cancellation or termination of labor contracts between state agencies, institutions, and social groups and workers who have established labor relations shall be handled in accordance with the provisions of this Law.
Article 23 Obligations of confidentiality and non-competition restrictions The employer and the employee may agree in the labor contract to keep the employer’s business secrets and confidentiality matters related to intellectual property rights.
The employer and the employee may stipulate in the labor contract or confidentiality agreement a non-competition clause for the employee who has the obligation to keep confidentiality, and agree that when the labor contract is terminated or terminated, the employee shall be given monthly non-competition clauses. Economic compensation within the business restriction period. If an employee violates the non-compete agreement, he shall pay liquidated damages to the employer in accordance with the agreement.
Article 24 Scope and duration of non-competition restrictions The objects of non-competition restrictions are limited to senior managers, senior technical personnel and other personnel with confidentiality obligations of the employer.
The scope, territory and duration of non-competition shall be agreed upon by the employer and the employee, and the agreement on non-competition shall not violate the provisions of laws and regulations.
After rescinding or terminating the labor contract, the personnel specified in the preceding paragraph shall go to other employing units that compete with the unit that produces or operates similar products or engage in similar business, or set up their own business to produce or operate similar products. Or engaged in similar business, the non-competition period shall not exceed two years.