this post was submitted on 08 Nov 2023
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Not really. If they're fulfilling their contractual obligations to their employer(s), then who the hell cares?
It's long past time that we stop treating employees like they're chattel of the company that they work for. You hire someone to do a job, which they either do to your satisfaction or not, but you don't own them and you shouldn't get to control the parameters of their life.
They aren’t fulfilling their contractual obligations if they aren’t allowed to have a second job and are doing it anyway, so this notion is nonsense to begin with. If you get paid hourly you can’t be working for someone else while getting paid by the first company for the same time. For salaried, typically there are expectations of how long you’ll be working or even your availability.
The company I work for has more than three decades of experience with WFH, and it’s almost always clear when someone is trying to double dip. It’s impossible to keep it hidden for long. Eventually you will have conflicting schedules, and excuses start piling up. Even if the work is good, very few jobs are done in a vacuum where you never need to talk to anyone or work things through. Most situations like that are handled by subcontractors who have all the freedoms you’re talking about. In fact the only situation I can even think of that would fit the mold of how work is being framed here is through contractors.
But that right there is the issue. Why should a company be allowed to prohibit employees from having a second job if it doesn't conflict with the first one? And if a company does have that right, does it apply to all jobs? What is the difference in that case between working two jobs in the same industry in different market sectors vs working two retail jobs?
Another POV: if I incorporated myself tomorrow and offered what I do for a living as a professional service, then I become the company and the companies that hire me for my services become the client. Do clients have the right to say I can't take on other clients? (FWIW I have seen some clients try that and get shut down immediately, and I've also never heard of any company agreeing to those terms with a client.)
Different Topic IMO. If someone wants to work 9-5 at an office job, then go work at Target from 6-10 in theory that's fine. I don't support it as someone that's read the studies about productivity of the 40 hour work week being poor, I know that doing so is not sustainable and it's not a good idea. Should a company be able to stop you from doing it? I don't know. I'm open to the idea. It's a far more nuanced topic though. Along the same lines are how to treat outside of work drug use. I see no reason a person can't smoke Pot off the clock, but I don't want to extend that to hard drugs.
That's been my argument since the start. Working two jobs during the same hours is conflicting. The stories I've read of high paid tech workers double-dipping during Covid were working both jobs during the same hours. Every time they ignore something from Job 1 because they are working on Job 2, it's conflicting. Same could be said for WFH users who treat it like they are home on a weekend doing chores, supervising children etc. It's not the same thing.
Usually a high level of proprietary or non-public information to start. But you wouldn't be working at Target and Walmart from 5-10 tonight walking back and forth between the two stores. So just at a base level they aren't comparable.
Absolutely allowed, but not likely. You are entering into a private contract with a company and agreeing between you on what you are do to be doing. Your contract is going to be far more specific than an employment agreement, and it's up to you to cover all the things they would have covered including: Health Insurance, Payroll taxes, Retirement, Liability Insurance, etc. Keep in mind creating your own LLC or Corp is different than being a 1099 subcontractor. There are certain IRS rules that you have to make sure are followed (well the employer side mostly) else they can get hit with penalties for misclassifying workers as non-employees.
We have some subcontractors on staff, but afaik they sign agreements on availability and are more or less treated like employees when it comes to work output. They may have specific clauses they've negotiated on availability or things like that, but that's also true of some employees too.