Reported sick... but working three full-time jobs: what are your rights as an employer?

Imagine: an employee falls ill, you continue to pay her salary as usual, but it turns out that she also has two full-time jobs and occasional work elsewhere. Formally, that amounts to around 120 hours per week. This happened to an employer in a recent ruling by the Amsterdam District Court.

In this case, the employee already had a full-time job (40 hours) and took on two additional full-time jobs with other employers, plus occasional work for a university. Shortly thereafter, she reported sick to her first employer and later to the other two as well. She received wages during her illness and sickness benefits from all of those employers.

The employer attempted to offset the wages paid against that other income via the rules on continued payment of wages in the event of illness, but the subdistrict court did not agree. The additional income already existed before the sick leave was reported and was therefore not covered by that offset arrangement.

That was not the end of the matter. The subdistrict court judge classified the concealment of the side jobs (and later providing incorrect information) as a serious breach of good employment practices. Freedom of choice in employment is all well and good, but three full-time jobs at the same time exceed the limits of the Working Hours Act and reasonableness. The judge ultimately awarded the employer damages of € 73.285,20, based on the additional income and sickness benefits that the employee had received in addition to her continued salary.

Why is this relevant?

It is not only contractual provisions that count; general standards such as “good employment practices” can also provide guidance when employees conceal secondary employment and you suffer financial loss as a result.

Practical tips:

• Stipulate in employment contracts and/or staff handbooks that secondary employment must always be reported in writing in advance, including the number of hours worked.
• When employees report sick, actively and explicitly ask about other jobs and record the answers in the file.
• Involve the company doctor in questions about work capacity if you suspect that someone is working elsewhere during illness.

Do you have doubts about an employee with multiple jobs or a difficult sick report? Please contact Dennis Oud, Tessa Sipkema, or Elke Hofman.

You can read the ruling here.