Short term contracting while employed Permanent

[gainvidya]

I am really confused about my situation. I am employed with my current employer as permanent employee. I have a short term (3 months) contract role with another company. I could take a unpaid leave from my current company work for 3 month in this contract work and get back to my current employer after that. The issue is how do I cover this up legally I mean can I show that I am working on a personal project etc...

Although the current employer contract says I cannot work for another company.

Any idea or help will be appreciated.

[kenfrapin]

Dont think you can ask anyone for an alternate or illegal means of getting past this

And since your current contract says you cannot work for any other company while fully employed, which any sane company does, then you cannot do so while you are employed with them

If you take a sabbatical, or unpaid leave, their first question is why - and if you give any other reason other than the contract, you are lying and opening a can of worms. Unpaid leave/sabbatical still means your are employed by the company and its at your request they are allowing you to do so.

My advice - Be ethical and dont cheat. For additional money from contract, you are doing something wrong and thats only in play because your permanent employee has that in your contract. If they agree to let you go for a while and take you back again in 3 months, then thats the best!!!

KP

[Wanderer]

To be honest, I don't think any clause barring you from working for another company is either legal or enforceable.

Restraint of trade.....

[kenfrapin]

Not true Wanderer - if you are employed full time by a company and it states that working days are Mon to Fri from 9am to 5pm, then this means they are paying you for your services during those times.
Working for any other company must be outside these hours and if not, then it is clearly a breach of contract - in simpler terms, you cannot work for 2 masters at the same time

KP

[gainvidya]

Dont think you can ask anyone for an alternate or illegal means of getting past this

And since your current contract says you cannot work for any other company while fully employed, which any sane company does, then you cannot do so while you are employed with them

If you take a sabbatical, or unpaid leave, their first question is why - and if you give any other reason other than the contract, you are lying and opening a can of worms. Unpaid leave/sabbatical still means your are employed by the company and its at your request they are allowing you to do so.

My advice - Be ethical and dont cheat. For additional money from contract, you are doing something wrong and thats only in play because your permanent employee has that in your contract. If they agree to let you go for a while and take you back again in 3 months, then thats the best!!!

KP

Since its an unpaid holiday I think I can spend my holiday the way I like. If the company controls my life i.e. what I can and I cannot do in my holidays then I feel like a slave rather than an employee. And I have seen many employee having unpaid leave for 3 to 6 month to complete outstanding personal 'task'.

[kenfrapin]

I totally agree with you!!!
Companies do treat us all like slaves and I would like nothing more than to be free to do what I want on my own spare time. So, if they give a 3 month unpaid holiday then you can do whatever you want.

I was only being neutral and stating it from a Company's viewpoint, though I dont support it. It was more on what the risks are if you go ahead. If I run the Company and one of my guys wants 3 months unpaid leave for something personal then sure, I will let them go and come back.
However, if I later find out the real reason why this 3 month break was taken, I would be pi$$ed off and make sure I give that person a whacking. This is because, if one person starts doing this, then it sets a precedent for others to do the same. This is why they state you cannot work for another employer while being permanent with them. If you worked only 4 hours a day then there would be no legal grounds to cause issues.

The only legal issue thats there is you are not being fired, made redundant or quitting. Your job is still there for you waiting after your back in 3 months time. The only issue that you employer can make is if these 3 months were used to make money elsewhere and not for a genuine personal reason and all the time still being a perm with them. As long as they do not find out, you can go ahead. If they do, the you have your work cut out so you should be aware of that. Forget what others do, when its your neck on the line, you will be alone fighting for it as well.
You cannot say everyone else does it and so did I, thats all.

All the best
KP

[LearningCurve]

Although the current employer contract says I cannot work for another company.

Read this *contract* carefully. There are companies which make you sign an NDA, which says while you work for them , you cannot work for any competitor. For eg., if you worked for Nike, then you cannot use this 3 month break to go and work for Reebok. This would be illegal if you did sign such an NDA or contract.

To be honest, I don't think any clause barring you from working for another company is either legal or enforceable.

If the law states employer cannot enforce any such rule on employee, then you can contest your contract. Again, this is if you do decide to take up the contract and then get picked and questioned by your employer. The law will supersede a company policy any day.

[gainvidya]

Thanks kenfrapin(u were to the point) and Wanderer.

If I decide to go ahead (because this contract is out of UK) what are the paper I need to submit to the contracting co. Basically just trying to understand what is the chances my current 'Permanent' company would find out that I was contracting for those 3 month 'Unpaid' leave.

[Wanderer]

Not true Wanderer - if you are employed full time by a company and it states that working days are Mon to Fri from 9am to 5pm, then this means they are paying you for your services during those times.
Working for any other company must be outside these hours and if not, then it is clearly a breach of contract - in simpler terms, you cannot work for 2 masters at the same time :)

KP

Agreed, yet again I didn't read the OP's post properly.....

Senior moment...