FPU Romania reviewed the judge’s decision, which noted that the court found the contract clause restricted the pilots’ right to work for another airline during their free time. The contested clause, set out in the individual employment contract, governed by Romanian law, required the employee to obtain express written consent before taking on other work commitments. It also prevented staff or their close relatives from signing contracts related to the employer’s activities.
While such clauses are usually designed to safeguard an employer’s interests, they must also comply with Romanian legislation, which guarantees the right to work for multiple employers. The court declared the clause void, citing its conflict with the Labor Code and broader constitutional protections.
Can your employer restrict you from assuming other contractual activities?
The Romanian Labor Code allows employees to work for multiple employers or have more than one contract with the same employer, as long as their working hours don’t overlap. If a contract clause goes against these rules (or a collective labor agreement), it’s considered null and replaced by the correct legal provisions, and employees may even be entitled to compensation if this happens.
Airline companies might try to add exclusivity or non-compete clauses to protect their interests, trade secrets, and most of all, ensure employees stay focused on the job. Taking on a second job can bring up legitimate concerns, especially in aviation, where schedules are strict due to flight time limitations and rules on accumulated fatigue. It’s equally important for staff to carefully consider how this extra work could impact their performance and safety.
However, these considerations and decisions must be made independently and responsibly by each professional. “Just because it’s in your contract doesn’t mean it’s legal, and no company policy has the power to override your fundamental rights,” says Mircea Constantin, FPU Romania’s Secretary General.
Read also The right to disconnect in aviation
What does this mean for other employees?
Whether you’re working in aviation or in any other industry, if your contract includes a similar clause and you want to take on a side job, you can ask your employer to respect your rights based on this decision. If you’re unsure about anything related to your contract, it would be probably wise to seek legal advice before taking on any side gigs that could jeopardize your current job. Remember that not all contracts are the same, and it’s not always easy for employees to spot these issues.
It’s also worth mentioning that in an ever-evolving aviation industry where atypical employment contracts are increasingly used by airlines, especially by ACMI operators, the situation can become even more complicated. Getting expert advice before signing any contract and making sure it’s legally sound can help you stay out of problems with the tax authorities and ultimately protect you from possible financial losses or legal issues.
Read also Are aviation employment contracts relics of the past?
This article was updated on January 30, 2025, to remove the term ‘final’ and clarify that the airline has, in fact, appealed the decision.
