Under what conditions can an employee hold multiple jobs?

You can have multiple jobs if you meet all of the following conditions:

• You must respect the maximum legal working time

• You must not work more than 10 hours per day and 48 hours per week (or 44 hours per weekcalculated over a period of 12 consecutive weeks)

• These periods must be respected, regardless of the number of employers and the length of work of each contract

The employer may ask you for a written certificate certifying that you comply with the provisions relating to the hours of work.

If you refuse to provide this information, you may be licensed to gross negligence.

If you have multiple jobs, you must meet a duty called loyalty.

You cannot engage in any other activity that can compete with your employer.

Cumulation may be prohibited by treaty provisions or by a so-called exclusivity clause provided for in the contract of employment.

This is the case when a clause in your employment contract prohibits you from combining your employment with another professional activity (whether employed or not).

It is not possible for the employer to hire a part-time employee and impose an exclusivity clause on him.

However, this condition is possible when the clause fulfills the following 2 conditions:

• The clause is indispensable for the protection of the company's legitimate interests
• The clause is justified by the nature of the duties entrusted to the employee

Failure to comply with the maximum working hours shall be punished by a fine of €1,500 maximum.

In the case of a repeat offense, the fine may be up to €3,000.

In the case of a combination of an activity as an employed person and an activity as a self-employed person, only your activity as an employed person is included in the maximum duration of your working time.

By way of exception, the following activities are not included in the maximum working time:

• Scientific, literary or artistic works and assistance to works of general interest (particularly teaching, education or charitable)
• Work carried out on his own account or free of charge in the form of voluntary mutual assistance
• Minor household work performed by individuals for their personal needs
• Extreme emergency work, the immediate execution of which is necessary to prevent imminent accidents or to organize rescue measures

It is not possible for the employer to hire a part-time employee and impose an exclusivity clause on him.

However, this condition is possible when the clause fulfills the following 2 conditions:

• The clause is indispensable for the protection of the company's legitimate interests
• The clause is justified by the nature of the duties entrusted to the employee

If there is an exclusivity clause in the employment contract, you must work exclusively for your employer.

However, the exclusivity clause can be temporarily lifted if you wish create or resume a company.

Your employer may refuse to apply a temporary waiver of the clause if you are a door-to-door seller.

The lifting of the exclusivity clause shall be valid for 1 year from:

• Either the date of registration in the Trade and businesses Register (TBR) or in the Trades Register
• Either the declaration of commencement of agricultural or self-employed professional activity

In case of extension of your leave for the creation or resumption of company, the exclusivity clause shall apply for a maximum of two years.

At the end of the provisional lifting period, the exclusivity clause shall become applicable again.

You must then give up your creation or take-over of company or break your employment contract.

If you do not comply with the exclusivity clause, you may be licensed for gross negligence.

It is not possible for the employer to hire a part-time employee and impose an exclusivity clause on him.

However, this condition is possible when the clause fulfills the following 2 conditions:

• The clause is indispensable for the protection of the company's legitimate interests
• The clause is justified by the nature of the duties entrusted to the employee