employment european-union labor-law
Can company&#39;s code of conduct influence what employees are doing outside of working hours if it doesn&#39;t create a conflict of interest?
<p>In many companies nowadays we can find the following paragraph in their code of conduct:</p>
<blockquote>
<p>Employees must, however, avoid acquiring any business interest or participating in any other activity outside the Organization that would, or would appear to:</p>
<ul>
<li>Create an excessive demand upon their time and attention, thus depriving the Organization of their best efforts on the job.</li>
</ul>
</blockquote>
<p>At first sight it doesn't look that bad. The company wants to make sure that an employee is doing their best and offering their talents and full focus in exchange for the compensation.</p>
<p>However with all recent initiatives for the work/life balance and with the entire Right to Disconnect movement being discussed in Europe should this be widely accepted? Example scenarios which would to some extent violate this statement:</p>
<ul>
<li>having a child,</li>
<li>having a hobby which can potentially impact employee's well being/physical state at work (martial arts, long distance travel, physically demanding sport activities).</li>
</ul>
<p>As long as my performance is accepted by my supervisors should the company be allowed to influence my after-hours life? I think I'm OK with agreeing to that statement but there are people who take such statements extremely seriously and would not engage in activities they'd like because of it.</p>

<blockquote>
<p>Can company's code of conduct influence what employees are doing outside of working hours if it doesn't create a conflict of interest?</p>
</blockquote>
<p>No. You point to good examples that are protected by legislation, and clauses that purport to supersede and replace that legislation are null and void.</p>
<p>The clause is unenforceable also from the standpoint that the risks and effects of pursuing versus refraining from non-work interests are highly debatable. A prohibition (for instance, of pregnancy and parenthood) could frustrate the purpose of the contract insofar as the employee's legitimate, personal interests might be a major incentive for performing well at work.</p>
