Prohibitly Working for a Second Employer

It is certainly not in your interest as an employer when an employee regularly turns up to work overtired, no longer performs at full capacity, and at best only does the bare minimum – especially if they were previously a reliable and diligent team member. In such cases, and also when frequent dubious medical certificates occur, there is a justified suspicion that the employee may be working an unauthorised second job.

 

Our experienced commercial investigators in Switzerland provide clarity: +41 44 5522 264.

Two Employment Relationships = Double the Burden

There is nothing fundamentally wrong with a secondary occupation, provided the obligations set out in the Swiss Code of Obligations (CO) are met. Article 321a, paragraphs 1 and 3 CO, regulate to what extent and under which conditions a second job is permissible. But what if an employee takes on an explicitly prohibited or at least non-approved secondary occupation? They know full well that the extra workload will reduce their performance in the main job and therefore conceal the side job. Example: Your employee works in accounting for your business, but in the evenings and at weekends they work in gastronomy until late at night. Naturally, they are constantly exhausted and struggle to concentrate. Their declining performance places additional burden on their colleagues, who soon become overwhelmed and unable to perform at full capacity themselves. Mistakes increase, business partners and clients start noticing a growing unreliability within your company, and if the problems persist, they will turn away from your services.

 

In addition to financial losses, you risk reputational and image damage – consequences which are extremely difficult to reverse. Therefore, you should not hesitate to clarify why your employee’s performance is regressing. In such cases, our skilled detectives in Zurich and throughout Switzerland are your reliable points of contact. Our long-standing experience in employee surveillance enables us to deliver fast and comprehensive results. We are happy to advise you on a case-by-case basis and without obligation. Please use our contact form for your inquiry or call us.

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Team meeting: sleeping instead of contributing constructive ideas – a nuisance for colleagues and supervisors, potentially rooted in a concealed second job. Our Zurich corporate investigation team handles employee reviews.

Secondary Employment with a Direct Competitor – Employee as an Information Leak?

Matters become even more precarious when an employee secretly works a second job for a competitor. They may mean no harm and simply use their professional expertise where it is most in demand – but this poses the risk that they may knowingly or unknowingly disclose internal company information. Technical know-how, sensitive data such as delivery terms, customer contacts, and many other details may end up in the hands of your competitor, who certainly will not complain. They can effortlessly adopt your ideas, anticipate your market activities, position themselves accordingly, or even sabotage your company.

 

By taking on secondary employment with a competitor, your employee may commit several offences, including:

 

  • Violation of the Code of Obligations (Art. 321a, para. 1 and 3 CO)
  • Intentional or negligent unlawful disclosure of sensitive data
  • Possible violation of Art. 10 BSGA, if the secondary work is undeclared (illegal employment)

 

If you wish to determine whether your employee is passing on knowledge gained within your company to a competitor, surveillance by our Swiss detective agency is also advisable in this scenario. Our Zurich investigators possess the necessary expertise and obtain legally admissible evidence. You are welcome to seek non-binding advice – either by phone or via email at kontakt@kurtz-detektei-schweiz.ch.