Is it illegal to work as a part-time freelancer?

[uysimty]

My wife work as a full-time software developer. The company is about to close development department since number of projects declined. She has joined me as a part-time freelancer on Upwork. If we sum up her profile, it even less than 1 hour on average per day.

So her company has inform us that they might go to lawyer for they saw her profile on Upwork. But the problem can be resolved if we keep maintain their last project in the company for free after they pay our last salary for 2 months.

What is the legal right for us?
Is it illegal to work as part-time freelancer?

[petra_r]

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Uysim T wrote:

Is it illegal to work as part-time freelancer?

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That depends on your jurisdiction and the employment contract you have with your employer. 

You need to ask a local lawyer who specializes in employment law.

[tta192 · Accepted solution]

Freelancing is not illegal but check the contract for any weird clauses. These would be difficult to enforce even if present.

Anyhow, the part about them using threat for her maintaining the project for free is very illegal in all countries.

[martina_plaschka]

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Uysim T wrote:

My wife work as a full-time software developer. The company is about to close development department since number of projects declined. She has joined me as a part-time freelancer on Upwork. If we sum up her profile, it even less than 1 hour on average per day.

So her company has inform us that they might go to lawyer for they saw her profile on Upwork. But the problem can be resolved if we keep maintain their last project in the company for free after they pay our last salary for 2 months.

What is the legal right for us?
Is it illegal to work as part-time freelancer?

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Many companies don't allow their employees to work outside their full-time employment contract, or at the very least, require their employees to request permission if they want to pursue other kinds of income. 

[jr-translation]

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Martina P wrote:

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Uysim T wrote:

My wife work as a full-time software developer. The company is about to close development department since number of projects declined. She has joined me as a part-time freelancer on Upwork. If we sum up her profile, it even less than 1 hour on average per day.

So her company has inform us that they might go to lawyer for they saw her profile on Upwork. But the problem can be resolved if we keep maintain their last project in the company for free after they pay our last salary for 2 months.

What is the legal right for us?
Is it illegal to work as part-time freelancer?

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Many companies don't allow their employees to work outside their full-time employment contract, or at the very least, require their employees to request permission if they want to pursue other kinds of income. 

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Especially if it could be direct competition to the company. It really depends on the details in the contract with the company.

[lysis10]

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[madison-russell]

It depends on the employment contract. If the contract has a non-compete clause, then it is technically possible for there to be legal repercussions for doing freelance work, but I'm not sure any lawyer or judge would actually take that case, since freelance work isn't based on an employment contract, but rather a project contract.