Can I do odd jobs during working hours? Is this provided for in labor legislation? Is it punishable?
How do I proceed if I have two jobs? Understand the possible scenarios on the subject.
What we’ll see in this article
What are nozzles?
But what are nozzles? What are popularly known as “odd jobs” are those activities that are characterized by extra work, i.e. not a solid or continuous career.
In general, odd jobs are best done when a person is unemployed, in debt or has a specific goal to save money.
Another situation is when a hobby, such as photography, gradually becomes a side hustle (and in the future may even become your main professional activity).
In general, there is an understanding that a “bico” is a temporary activity, carried out in parallel to the main professional function. Let’s look at some specific scenarios to understand when this situation is appropriate or not.
Can I do odd jobs during working hours?
Doing “odd jobs” during working hours is inadvisable and can have very bad consequences, believe me.
In this case, you will be violating company policies and compromising the quality of the core work. It’s important to respect the obligations and responsibilities of your current job, separating secondary activities for outside office hours.
Most common examples of odd jobs during working hours
These are some of the most common examples of odd jobs during working hours. Not that it’s right, but it’s just something that has been informally common in the job market.
- Selling perfumes by catalog, like Avon
- Selling sweets or snacks to colleagues during lunch break
- Repairing colleagues’ computers or cell phones
- Doing consultancy work for other private clients
- Delivering products
- Maintenance repairs
- Work on freelance websites, offering services such as writing, graphic design, translation or programming.
Can I do odd jobs in my field for clients who are competitors of the company I work for?
Imagine that a specific employee is a computer technician and works for a technical assistance company. If he starts offering his private services to the same clients that your company serves, this is unethical conduct.
This situation, which is embarrassing to say the least, could be punishable by dismissal for just cause, as provided for in article 482 of the CLT.
The article states that one of the situations that allow just cause for termination of the employment contract is negotiating on one’s own account, without the employer’s permission, when it is detrimental to the service or constitutes an act of competition with the company for which one works.
In other words, it is not possible for a person to perform the same job as they do under an employment contract, even if it is through “odd jobs”.
Is “bico” the new intermittent work?
The labor reform that has taken place in recent years has brought a new concept to the fore: intermittent work. Before the reform, this modality was not provided for by law, so it only occurred informally.
Since then, it has been possible to carry out what used to be understood as “odd jobs” under the category of intermittent work. In this case, the worker must have a written employment contract and be registered on their work card.
Examples of intermittent work
In the area of services and customer service, this modality is more widespread. Let’s imagine an individual who works as a waiter, but only at certain events held by companies in the industry.
If the workload is compatible, they can have two intermittent work contracts and only work when they are called to events.
However, their hourly rate cannot be lower than the day/hour rate set by the minimum wage, nor can they be paid less than other people hired to do the same job.
This example can be extended to other areas and functions. Nowadays, with specific legislation on this modality, it is necessary to comply with all the rules laid down.
So the new legislation allows a person to have a job and a side hustle?
That’s not exactly the case, since a person who works 8 hours a day is unlikely to be able to meet the requirements for another job.
However, since these changes, it is possible to formalize the odd job or even accumulate two formal intermittent work records.
Can you sign your work permit at the same time for two different companies?
Yes, and this was already foreseen even before the labor reform because no article of the CLT prohibits a private sector employee from having two jobs.
However, as mentioned above, this situation is more difficult in the case of 8-hour shifts and 44-hour weeks. The most common cases of double shifts are six-hour shifts.
Can my employer prevent me from taking another job?
Yes! Before signing a new employment contract, you need to check that there is no exclusivity clause in the first contract. If this happens, it won’t be possible to have two jobs.
The exclusivity clause is a contractual imposition and can be made by companies, especially those that need to take precautions on matters of secrecy and industrial secrets.
Can I do odd jobs during my vacation?
It depends. For employees who are CLT and are on vacation, it is not permitted to work during the period, unless the worker in question already has another employment contract. In other words, you already work a double shift.
You can work as a freelancer during your vacation, informally, without being punished by the company. It all depends on the context and the nature of the work.
Can I work as a freelancer and keep my formal job?
Nowadays, especially among younger people, it’s not uncommon to combine a regular job (via a CLT or PJ contract) with freelance services. It would be a modernization of the old nozzle.
This is not irregular, especially if the work is in a different field. For example, someone works as a waitress on a salaried basis and provides freelance translation services.
However, it is more common for this to happen with workers who are on PJ contracts than with CLT people.
Can I do entrepreneurship as a way of earning extra income?
Yes, and this choice is increasingly common for many Brazilians, and is even a worldwide trend.
Especially since it’s not easy to start your own business. So it’s absolutely normal for people to take their first steps in entrepreneurship while holding down a formal job.
In any case, common sense is needed. You will use your time outside of work to look after your business and do the tasks necessary for it to function.
Under no circumstances should you use your working hours to resolve issues or carry out tasks for your business. This characterizes negligence in relation to work.
This understanding is applicable to almost all contexts in which people do odd jobs. The most important thing is that these parallel or extra activities are never carried out concurrently with the regular work that the person does through an employment contract.