canada workplace ontario
Does this devotion clause mean I cannot work on personal commercial projects (or a registered business)?
<p>As an engineer, I would like to make sure that I can work on side projects, and have the right to commercialize it; that is publishing on the app store as a paid app, or hosting on the web with a subscription fee. Of course, this wouldn't be in competition with the COMPANY.</p>
<p>With that in mind, I have an offer of employment from a company I really like, and this was one of the clauses that stood out to me. Based on this, do I need to ask for explicit permission to work on such projects?</p>
<blockquote>
<p>The Employee shall devote his/her whole working time and attention to
the employment during the time thereof, and shall not, without the
consent in writing of COMPANY_NAME, engage in, or become
a director, manager, employee, or agent, of any other company, firm, or
individual which competes with or conducts similar business to
COMPANY_NAME, during the term of the employment, nor shall the
Employee engage in any other business or occupation whatsoever.</p>
</blockquote>

<p>Yes, your clause specifically limits you to only working for COMPANY, even in your off time.</p>
<p>Canada does not have a law protecting your right to work secondary jobs (moonlighting) in your off-duty hours. This means that any contract clause specifically limiting you to work with the employer only is valid, and breaking it is cause for justified dismissal.</p>
<blockquote>
<p>Based on this, do I need to ask for explicit permission to work on such projects?</p>
</blockquote>
<p>Yes, you will need to disclose any potential &quot;business or occupation whatsoever&quot;. You could play contract games by saying &quot;it's only a hobby&quot; or &quot;it doesn't make any money&quot;, but you will be opening yourself up to issues. The best thing to do is to disclose your project to your employer and get <strong>in writing</strong> their permission to work on it with specific terms that you will not be using company time or resources in any way.</p>
<p>See:</p>
<p><a href="https://www.canlii.org/en/bc/bcpc/doc/2011/2011bcpc120/2011bcpc120.html" rel="nofollow noreferrer">Patterson V. Bank of Nova Scotia</a></p>
