Work and employment
Consent to an employee’s secondary employment
An employer may need to assess an employee’s additional job, external assignment or business activity. Our lawyers help employers and employees determine which rules apply and prepare clear written consent.
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What is secondary employment?
Secondary employment is work or another professional activity carried out alongside an employee’s main position.
An additional activity is not automatically prohibited.
Whether it is permitted depends on the employment contract, any applicable collective agreement, workplace policies, the employee’s duty of loyalty and the nature of the activity.
A consent to secondary employment may include:
- employment with another employer
- freelance or consulting assignments
- running a business
- serving as a board member
- other paid or professional engagements.
When can secondary employment be restricted?
An employer may have grounds to object when the additional activity:
- competes with the employer
- prevents the employee from performing their work properly
- creates a conflict of interest
- involves the use of the employer’s information or resources
- breaches the employment contract or an applicable collective agreement.
The assessment should be based on the actual activity and its effect on the employment. A restriction should not be broader than the circumstances justify.
What should written consent cover?
Written consent identifies the activity the employer has considered and the conditions under which the employee may carry it out. It may address:
- the nature and scope of the activity
- when the activity may be performed
- confidentiality and the use of company resources
- competition and conflicts of interest
- the employee’s duty to report changes
- when the consent may be reviewed or withdrawn.
If the activity changes substantially, the employer may need to conduct a new assessment.
Special rules for public sector employees
Public sector employees are subject to additional statutory requirements. An activity may be prohibited if it risks undermining confidence in the employee’s impartiality or damaging the reputation of the public authority.
An employer’s consent cannot override mandatory legislation, an applicable collective agreement or other binding restrictions.
How we can help you
We tailor our assistance to the employment, the proposed activity and the rules applying to the workplace.
Assessing the proposed activity
We assess potential competition, conflicts of interest, effects on work performance and other relevant risks.
Reviewing employment terms
We review the employment contract, collective agreement and workplace policies to determine whether notification or approval is required.
Drafting written consent
We prepare clear written consent describing the approved activity and the conditions that apply.
Changes and withdrawal
We advise on changes to the activity and whether the employer may review, amend or withdraw its consent.
Obtain clear written consent
Schedule a 15-minute meeting with a lawyer to review and discuss your situation.
If you need further assistance, we’ll explain your options, how we can assist you, and what it would cost. If you hire us for your case, the cost of the first 15 minutes will be deducted from your final bill.
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Get help from our lawyers
Our lawyers help employers and employees understand the applicable rules, assess potential risks and document the agreed conditions. We can also assist if a disagreement has arisen.
Matilda Selander Persson
Lawyer
Matilda primarily works with employment law, business law, contract law, family law, and migration law. She speaks Swedish and English.
Florita Telhaj
Lawyer
Florita specializes in migration law, business law, contract law, and employment law. In addition to Swedish and English, Florita is also fluent in Albanian and Greek.
Farid Laghrissi
Lawyer
Farid assists individuals and businesses with employment law, tenancy law, financial family law, contracts, disputes, and other business and corporate law matters. Farid speaks Swedish, English, Arabic, Darija, and French.
Dlovan Kassab
Consulting lawyer
Dlovan primarily advises employers and employees who need support and guidance on employment law and workplace health and safety matters. He is fluent in Swedish, English, Arabic, and Kurdish.
Mirella Nunes Siqueira
Consulting lawyer
Mirella specializes in business law, financial family law, employment law, and consumer law. She speaks Swedish, English, Portuguese, and Spanish.
Ari Arash GN Shali
Consulting lawyer
Ari primarily works with business and civil law matters, contract law, real estate law, construction law, tenancy law, and employment law. Ari speaks Swedish, English, and Persian.
FAQ
Frequently asked questions about consent to secondary employment
No. The requirement depends on the employment contract, collective agreement, workplace policies and the nature of the activity. The employee may still have a duty to notify or consult the employer.
An employer may have grounds to object if the other job prevents the employee from performing properly, competes with the employer or otherwise risks causing harm. The circumstances must be assessed individually.
Yes. Consent may be limited to a particular activity or scope and may contain conditions concerning working time, confidentiality, competition and company resources.
That depends on the terms of the consent and the reason for withdrawing it. A review may be appropriate if the activity changes or begins to affect the employment.
Let a lawyer contact you
Tell us briefly about your situation, and we’ll get back to you within one business day to schedule a video consultation.