Dual Employment and Potential Deceit in the Philippines

Simplified Question: Can an employee be considered deceitful if they work for another employer during their day off without informing their primary employer?

In the Philippines, the issue of working for another employer during one's day off and not informing the primary employer touches on several aspects of labor law, including employment contracts, loyalty obligations, and potential conflict of interest.

Employment Contracts and Dual Employment

1. Contractual Clauses: The terms of an employment contract play a crucial role in determining whether dual employment is permissible. Some contracts explicitly prohibit employees from engaging in additional employment without prior consent from the primary employer. This is often to prevent conflicts of interest and ensure the employee's full commitment to their primary job.

2. Duty of Loyalty: Under Philippine labor law, employees owe a duty of loyalty to their employer. This duty implies that employees should act in the best interest of their employer and avoid situations where their personal interests might conflict with those of their employer.

Potential Deceit and Conflict of Interest

1. Non-Disclosure: Failing to disclose secondary employment to the primary employer can be perceived as deceitful, particularly if the employment contract or company policy requires such disclosure. This non-disclosure may lead to disciplinary action, including termination, if it is found to be in violation of the contractual terms.

2. Conflict of Interest: Working for another employer, especially in a similar industry, can create a conflict of interest. The primary employer may be concerned about the misuse of confidential information, divided loyalty, or reduced productivity. This is why many employers include clauses in employment contracts that restrict or regulate outside employment.

Legal Implications

1. Breach of Contract: If the employment contract specifically prohibits dual employment or requires disclosure of such activities, failing to comply can be considered a breach of contract. The primary employer may take legal action based on this breach, which can result in disciplinary measures or termination.

2. Labor Code Provisions: The Labor Code of the Philippines does not specifically address the issue of dual employment. However, general principles of good faith and fair dealing apply. An employer may argue that non-disclosure of dual employment constitutes bad faith or dishonesty.

Steps for Employees

1. Review Employment Contract: Employees should carefully review their employment contracts to understand the terms regarding additional employment. If the contract requires disclosure or prohibits dual employment, compliance is crucial to avoid legal issues.

2. Communicate with Employers: It is advisable for employees to communicate with their primary employer if they plan to take on additional employment. Seeking permission or informing the employer can prevent potential conflicts and misunderstandings.

3. Maintain Transparency: Transparency is key to maintaining a good working relationship with the primary employer. Being upfront about secondary employment demonstrates good faith and reduces the risk of being accused of deceit.

Conclusion

In the Philippines, whether dual employment without informing the primary employer constitutes deceit largely depends on the terms of the employment contract and the duty of loyalty owed by the employee. Employees should review their contracts, communicate with their employers, and maintain transparency to avoid legal complications and ensure compliance with their obligations. Employers, on the other hand, should clearly outline their policies regarding dual employment in the employment contracts to prevent potential conflicts and misunderstandings.