Secondary jobs
The term secondary job refers to any work in addition to your main employment. This may include other employment, voluntary work or running your own business. Secondary jobs can be paid or unpaid. Within the higher education sector, many forms of secondary work are permitted and, in some cases, even encouraged as part of the higher education institution’s engagement with the wider community. As a result, there is a specific provision in the Higher Education Act that entitles university teachers to engage in certain forms of secondary work.
Rules on secondary jobs are governed by legislation, ordinances and collective agreements
If you are employed in the state sector, secondary jobs are regulated by the Public Employment Act (LOA), the Higher Education Act (HL), the Higher Education Ordinance (HF), the Villkorsavtal-T central collective agreement on terms and conditions of employment, and any local collective agreements, as well as rules set by individual employers.
Prohibited secondary work
A secondary job may be prohibited if it is deemed to undermine confidence in the employer, interfere with the individual’s primary work or compete with the employer’s operations.
- Secondary work that undermines confidence in the employer
An employee may not take any employment, undertake any assignment or carry out any activity that may harm the reputation of the state authority or undermine confidence in the impartiality of the authority’s employees (Section 7 of the Public Employment Act).
- Secondary work that interferes with primary employment
If a secondary job takes up so much time that the employee is unable to carry out the normal duties in their primary employment, the employer may require the employee to give up the secondary work in part or entirely, (Chapter 13, Section 10 of the Villkorsavtal-T central collective agreement on terms and conditions of employment).
- Competing secondary work
Employees of state authorities engaged in commercial or contract-based activities may not have employment or undertake assignments with companies operating within the scope of the authority’s activities, (Chapter 13, Section 11 of the Villkorsavtal-T central collective agreement on terms and conditions of employment). Similarly, they may not run a business that competes with the primary employer’s commercial activities or competes with the employer’s operations.
Right to secondary work for university teachers
In accordance with Chapter 3, Section 7 of the Higher Education Act, university teachers have a specific right to hold employment, undertake assignments or engage in activities relating to research or development work within the subject area of their post. However, this is on condition that the teacher does not in their secondary role undermine public confidence in the higher education institution. The secondary work must also be kept clearly separate from the teacher’s work within their employment at the higher education institution. Please note that purely teaching assignments are not covered by this provision.
There may also be other provisions in local agreements at the higher education institution regarding secondary work for university teachers. You should therefore contact your local trade union association or the human resources department at your higher education institution for further information.
Obligation to inform your employer about secondary work
As an employee of the state, you have a duty under Section 7b of the Public Employment Act to provide information to your employer so that they can assess your secondary work if so requested. Under Chapter 4, Section 15 of the Higher Education Ordinance, university teachers also have an obligation to keep the higher education institution informed about secondary work that is related to the subject area of their employment. The employer has a corresponding obligation to inform employees whether their secondary job is permitted or not.
The employer’s obligation to provide specific information
Under Section 7a of the Public Employment Act, state sector employers must inform employees of the criteria which may prohibit secondary jobs. In the higher education sector, Chapter 4, Section 14 of the Higher Education Ordinance also applies. This stipulates that the employer must inform teaching staff of what types of secondary work are incompatible with Chapter 3, Section 7 of the Higher Education Act.
Decisions on unauthorised secondary work and appeals
Under Section 7c of the Public Employment Act, the employer is obliged to make decisions that employees who engage in secondary work that undermines public confidence must end such assignments or, where applicable, must not take up such secondary jobs. All such decisions must be issued in writing, with the reasons stated. The employer may also require employees to cease, in part or entirely, secondary work that interferes with their primary employment.
Such decisions may be reviewed by a court of general jurisdiction.