What is an ancillary employment clause?
An ancillary activities clause is a provision in some employment contracts that prohibits the employee from performing ancillary activities in addition to his or her regular duties without the employer's written consent. This clause prevents conflicts of interest and potential harm to the employer. The ancillary activities clause ensures that the employee can be fully committed to his primary position without distraction or conflict of interest. However, with the advent of the Transparent and Predictable Conditions of Employment Act (Wtva), the main rule since then has been that an ancillary activities clause is, in principle, null and void unless the clause can be "justified on the basis of objective reasons"(Section 7:653a of the Civil Code). Those justifications include health and safety, protection of confidential business information, integrity of public services and avoidance of conflicts of interest. However, the employer must provide sufficient and reasoned justification.
