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France — Second job is none of the employer's business

02 November 2009

The French High Court (Cour de Cassation) has decided that a part-time worker who wishes to work for another employer during this spare time does not have to ask his current employer for his agreement.

The decision is based on the fundamental principle of the "free execution of a professional activity."


The Court has ruled that a contract clause prohibiting the employee from carrying out an extra professional activity is null and void, except in the case where carrying out such a second activity would be fundamentally against the interests of the employer, the definition of which would have to be decided on a case-by-case basis.

 

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