53.9% of employees are engaged in part-time jobs, is it okay to do a side job after work?

Is it okay to go home from work and do a side hustle?

53.9% of employees are working part-time, and some people have been left out in the cold, and their salaries have been cut or even resigned

□ reporter Zhao Li

□ Intern of this newspaper Wan Peng

A few days ago, during a lunch break, Zhang Fang (pseudonym), a part-time book blogger, was seen by her boss when she used her employer's computer to sort out some affairs on her social media account, and the boss immediately criticized her for not doing her job properly and abusing the company's resources. This made Zhang Fang very aggrieved: "Shouldn't the lunch break be my own time?" ”

Recently, the topic of "whether it is right or wrong to work as a side hustle" has aroused heated discussions in the society. According to the 2022 Employment Relationship Trend Report jointly released by the National School of Development of Peking University and Zhaopin.com, 53.9% of workers are engaged in part-time jobs, and this proportion reaches 00.54% among the "post-5" respondents. The "2022 White-Collar Satisfaction Index Survey Report" released by Zhaopin.com also shows that 2022.59% of white-collar workers are engaged in side jobs in 1, accounting for a significant higher proportion than 2021.32% in 1.

A recent interview with a reporter from the "Rule of Law Daily" found that many young people in the workplace have considered doing a side hustle, many of them are doing a side hustle, some people are profiting and secretly proud, and some people are "gossiping" by leaders or colleagues because of doing side hustles, being snubbed, deducting performance, reducing salaries and even forced to resign. A number of respondents raised the question of how to draw a clear line between the main business and the side business.

The interviewed experts said that it is reasonable and legal to do a side hustle without violating the obligations of the labor contract. If the company finds that the employee is engaged in a side job or part-time job, it cannot immediately terminate the labor contract, unless the side job or part-time job has caused damage to the interests of the company. In the case of an employee engaging in a side job or part-time job, the company should actively communicate and negotiate to resolve the issue, and it is inappropriate to insult or "run" it.

Sideline for side-hustles

It is alleged that the workload is not saturated

Wang Min (pseudonym), a citizen of Dalian, Liaoning Province, works in logistics at a public institution, and in addition to work, he also runs an online store.

"In fact, I can't make much money, and I may sell dozens of orders a month." Wang Min told reporters that her main business has nothing to do with her side business, and she deals with the online store after work or during her lunch break, but since this matter was known by the leader, she has targeted herself everywhere, "The leader often mocks me in front of other colleagues, saying, 'If you do the side business casually, you can earn tens of thousands'."

"Sometimes during the lunch break, when everyone gets together to chat, the leader will come up to me and say, 'How do you feel that your mind and energy are not on work, don't just think about doing a side hustle'." Wang Min said that in the face of such "ridicule", she was helpless, "In fact, her work was not affected by doing a side job at all, and the work she should do was completed on time."

Wu Kai (pseudonym), a citizen of Hangzhou, Zhejiang, had the same experience. His side business is mainly editing videos and writing articles, and his monthly income ranges from tens of thousands of yuan to four or five thousand yuan.

"The previous leaders appreciated me more, and the atmosphere in the same group was also very harmonious, and they told other colleagues that 'because of the pressure of the mortgage, I occasionally do side jobs', and everyone expressed their understanding. But after the department changed its leadership, it 'changed' in an instant. Wu Kai said that after the new leader took office, he began to pay close attention to attendance, and without consulting him, he directly handed over half of the workload of another colleague to him, on the grounds that the colleague was very busy.

In the face of Wu Kai's puzzlement, the leader replied, "I heard that you have been doing a side hustle, it seems that your workload in the company is not saturated, and you still have the energy to look for work outside." After that, Wu Kai's workload increased a lot, and he often worked overtime, and he no longer had the energy to engage in side hustles.

There are also people in the workplace who have been canceled for salary increases or even forced to resign because of side hustles.

Wang Tao (not his real name), who works in Beijing, said that after his boss and colleagues learned that he was doing a side hustle, they targeted him for two years, and finally he had to choose to resign.

It is understood that a side hustle is also known as a dual employment relationship or dual employment relationship, which refers to a part-time or second occupation that people engage in in in their spare time. For example, some of them have a main job as an accountant and a side job as an online car-hailing driver, some have a main job as an office clerk and an online anchor as a side job, and some have a sales and side job as a stall, usually after work.

Their original intention for engaging in a side hustle is either to increase some extra income due to financial pressure; Either they are not satisfied with their job and need to find a new way out; Or they think they have extra time, energy and clear hobbies, and hope to be able to cash in on their skills.

In the eyes of many people, part-time jobs and side hustles are an auxiliary and a positive way of life to reduce family financial pressure. Workers who support side jobs and part-time jobs believe that if there is no room for growth in existing jobs for the time being, and salaries tend to be stable, then the most suitable way to increase income is only side jobs and part-time jobs.

There is also no shortage of opposition. In the interview, 3 leaders who are engaged in middle-level and above leadership positions in different industries agreed that people's energy is limited, and employees are bound to invest corresponding time and energy in side jobs, which is very likely to affect the main business. If the side hustle is related to the main business, it may also have a negative impact on the company's interests.

It cannot affect the main work

The contract may be terminated for breach of contract

"It is illegal to use the equipment of the unit to do a side job or a second job during working hours." Shen Jianfeng, director of the academic committee of the Law School of the China Institute of Labor Relations, believes that whether it is illegal to do a side job during lunch break and meal time needs to be handled in accordance with the rules of part-time work during non-working hours.

According to Zhang Liyun, an associate professor at the China Institute of Labor Relations, a reasonable boundary is that two jobs cannot interfere with each other. If substantial damage is constituted, the employer of the previous job has the right to impose certain disciplinary measures on the worker, including a reduction in wages, a reduction in wages or even termination of the contract.

Sun Peng, a lawyer at Beijing Hairun Tianrui Law Firm, believes that if an employee establishes an employment relationship with one employer, he also establishes an employment relationship with another unit, which constitutes a double labor contract. There is no legal problem with the consent of the original company, but if there is a conflict between the two sides and it has an impact on the work of the original unit, and it is not corrected after the original unit stops it, it may involve a breach of contract, and the unit has the right to terminate the contract.

"Defaults may also be involved in the use of a workplace's resources without consent during working hours, which includes tangible resources such as electronic devices and intangible resources such as the company's influence." Sun Peng said.

Shen Jianfeng believes that a dual employment relationship or dual employment relationship is not illegal, and the labor contract cannot be terminated because of this. The labor contract can only be terminated when the employee has a second job or a part-time job, which has caused damage to the employer, or the employer refuses to make corrections.

"It is not advisable to 'wear small shoes' to employees because of a side hustle, or to take various internal measures to target workers. If the final evaluation result of the employee is qualified or competent, the employer cannot discipline the employee. If the side hustle does affect the main job, the employee should re-evaluate the meaning and choice of the job, and the employer also has the right to communicate and warn him. Zhang Liyun said.

Professional ethics should be observed

Full fulfillment of contractual obligations

If you are fired by the company because you do a side job in your spare time, is the law on the side of the company or the employee?

In Sun Peng's view, in the context of flexible employment, sideline hustles are common in today's society, which not only increases the economic rights and interests of workers, but also brings challenges to the employment management of some enterprises. For example, some workers occupy the time of their main business to engage in side jobs "incidentally", and some workers use their spare time to engage in side jobs, but enterprises often have a misunderstanding of this, that is, as long as the workers "devote themselves to two purposes" and do other "business" outside of work, they can immediately terminate the labor relationship, which has also led to many labor disputes.

"In practice, someone is fired by the company because of a side hustle, and the basis is the company's rules and regulations. For example, some companies have very strict rules that prohibit employees from engaging in side hustles, whether they are during working hours or not. Sun Peng said that if it belongs to professional technicians or special industries, this requirement is legal and compliant; If it is only an ordinary worker, it depends on whether there is a clear agreement in the labor contract, and if the labor contract has been agreed and agreed by both parties, it will have legal effect.

Zhang Liyun believes that if there is a conflict between the two occupations, it means that there is a conflict between the two employment contracts, which will harm the interests of one employer. As a good faith performer of an employment contract, the employee must make adjustments and amendments. "In this case, it is best for the employer and employee to communicate in good faith and facilitate a solution to the problem. If it cannot be resolved, then the parties may face the problem of terminating the contract, and the employee can choose to resign or give up a second job. ”

Shen Jianfeng believes that it is necessary to fulfill labor obligations completely and effectively. For an employer, the simplest and most direct way is to stipulate in the employment contract that it is forbidden to work part-time or do side jobs, and to clarify the legal consequences of illegal part-time jobs in the employer's regulations.

"When there is a conflict between the worker's main job and the side job, the employer has the right to stop the worker from continuing to engage in part-time or second employment, but the way and method must be reasonable and lawful." Shen Jianfeng said that when a labor contract involving a side job is violated, the employer can require him to bear the corresponding responsibility. However, if the employer uses insults or even "runs" to persecute workers, it is against the law.

In Shen Jianfeng's view, it is not an exaggeration for workers to have spare energy and time to work part-time or a second job, but they should abide by professional ethics and fully fulfill their obligations under the labor contract.