q1: An full-time employee opens a company without his/her employer approval, is it legal? The contract does not have any special clause for this situation.
q2: If approval is required, and employee is not given an approval by the employer, what legal option do the employee have to be able to continue the full-time + work in / own another company.
The employer and employee companies are totally different business..
To answer in general i am un-sure of the answers BUT! I think... if you register your so called company in another country the laws would be different in association/relation as to how you get money and register them etc? I mean according to as if you had a company or not? Lets say your company was registered in USA and you was working another job in DK (Denmark), that would be ok.. or at least i am pretty sure as to one of my friends has done this for quite a while now (about 2-3-4 years now... not sure about the time but i know he earns like a lot!)
However if you wish to register in Denmark and to get Danish benifits i would suggest do the exact oppesed... register in DK but work outside DK? However like i said before, not sure as it has been a while for me to get into this kind of stuff :P
I am actually considering starting my own company in Denmark... while working in DK (which i am un-sure as of yet if possible but if it turns out it is possible i will inform you! :P)
Hope i answered or gave something to think about as to your questions? :)
q2. If you are layed off as a result of opening a business in a non- competing business then your union will undoubtfully sue the employer. Provided of course you are a member of a union.
I question the answers from Lurk in the dark.
Make sure you try to qualify the legal basis for those answers.
Sorry.
And no - I am not myself qualified to answer the questions.
1 that is legal - but make sure there is absolutely nothing in the contract about it - could for many more qualified jobs (higher salary jobs) be that the employee shall use of of his working power on - xxxx. There is actually a rule that deals a bit with it i funktinærloven:
§ 15. En funktionær er berettiget til uden samtykke fra arbejdsgiveren at påtage sig hverv uden for tjenesten, når hvervet kan røgtes uden ulempe for virksomheden. saying that an employee may, without consent from the employer assume duties outside the job, if this can be carried out without disadvantage to the employer
There is of course here an indication, that if the employer can claim, that having your own business takes away you focus - or affects your work, then this is not accepted. My advise is in general to get consent first, as having your own business could be seen as something which removes focus from your job. If you a sitting as a cashier in Netto scannings peoples shoppings, the risk is much smaller than if you are head of sales in some organisation
2 is answered in 1 I think
br John Hannover
6 stærke Ivæksætterbøger - e-bøger/paperbacks - letlæste I LINK HER Intro til regnskab - og Fradrag - e-bøger letlæste I LINK HER
May I ask if employer finds out that the side job is affecting the full time work OR employer does not approve to open up a company but one still registers, then what is the maximum impact could be from employer? I am thinking the max they can do is just fire you...
No exact answer exist. If they can prove a bigger loss than what can be covered by just firering you, then that could in a civil case be the result
I still fail to understand quite why you are not open about this to your employer - and if the employer says no - does not consider a slow start and then stop being employed and start your own. Openness and honesty often pays off
br John Hannover
6 stærke Ivæksætterbøger - e-bøger/paperbacks - letlæste I LINK HER Intro til regnskab - og Fradrag - e-bøger letlæste I LINK HER
When one has to feed a family (4 kids) and no savings, wife is unemployed, rented apartment, then need to think about these available options. But at the end I agree with you and would like to have an approval from the employer.
It is actually quite simple: If you have a signed agreement in which your employer forbids you to undertake any other duties other than your full time job - then you are not allowed to open your own business.
Usually, if you fail to comply with this, you will be fired.
If you do not have a signed agreement in which you are forbidden to start your own business - then please by all means do so. There is no way that the employer can penalize you, but if he/she is not too happy about it, he/she can just fire you on grounds related to difficult behavior or structural changes in the workplace.
Approach your employer and get the approval. It will make your life much easier.
I had actually found out that I must first get approval from the employer. I have started working on that. I am not hopeful to get the approval anyways. Because, I realise that I need to take at least one day off per week from the full time work to work on the side project.
I will have to see the options my employer come up with.
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