[Direct answer]In the Beijing area, whether an employer can dismiss an employee for taking a second part-time job depends on the nature of the employment and the consequences. If the employee is a full-time worker, and taking a part-time job without the employer's consent seriously affects the completion of the employer's tasks, or the employee refuses to correct the situation after being advised by the employer, the employer may terminate the labor contract in accordance with Article 39(4) of the Labor Contract Law of the People's Republic of China and does not need to pay economic compensation. If the employee is a part-time worker, Article 69 already allows them to establish labor relations with multiple employers, so the employer cannot dismiss them solely for taking a part-time job. In practice, the employer needs to provide evidence of "serious impact" or "refusal to correct the situation after being advised", otherwise the termination may be deemed illegal, and the employee can claim to continue performing the contract or request compensation in accordance with Articles 48 and 87. It is recommended that the employer first clarify the requirements for approving and reporting part-time jobs in the rules and regulations, for more details, please refer toLabor arbitration and legal services for work-related injury compensation.

I. Problem background and typical scenarios

It's quite common for employees to engage in part-time jobs in the modern workplace, including delivering take-out after work, running online stores, accepting private projects, providing consulting services to competitors, and even holding part-time jobs that conflict with the interests of their own employers. When employers discover such activities, they often terminate the employment relationship directly on the grounds of "violation of the duty of loyalty" or "serious disciplinary violations". Typical dispute scenarios include: a programmer being dismissed for engaging in part-time development work that is deemed to harm the company's interests; a salesperson being fired for promoting competing products; and an ordinary administrative staff member being dismissed for driving for ride-hailing platforms after work. Whether an employee's part-time job constitutes a justifiable reason for termination depends on whether the employee is a full-time employee, whether the part-time job affects their main duties, whether the employer's rules explicitly prohibit such activities, and whether the employer has followed the required notification procedures. In the event of a dispute, it is advisable to first seek legal advice and follow the appropriate legal procedures to protect one's rights and interests.Beijing Henglue Law FirmThe evaluation can also be referred to for reference.Business and contract dispute resolution services for enterprisesThe idea of non-compete clauses in China.

II. Key points of dispute

There are three main points of contention: Firstly, the burden of proof in serious cases. The employer needs to prove that part-time work has led to delays in main duties, reduced quality, or damage to interests. General accusations are hard to be accepted, and objective evidence such as performance evaluations, customer complaints, and project delays are required. Secondly, the procedure of giving a warning. The employer should first issue a correction request to the employee and keep a record of it. Only if the employee still fails to make corrections can the employer terminate the contract; it is risky to terminate the contract directly without giving a warning. Thirdly, conflicts of interest and confidentiality. If the part-time work involves the employer's trade secrets or non-compete clauses, it may trigger both breach of contract and compensation liabilities, which coexist with the issue of termination. The determination of relevant breaches of contract can be combined with the above-mentioned factors.Creditor-debtor relations and enforcement case servicesHandle it.

III. Professional analysis by Henglue Lawyers

From the practical observations of handling similar labor disputes in our firm, it can be seen that employers are most likely to fail in the aspects of evidence collection and procedural compliance when terminating the employment of part-time workers. Common cases of losing the lawsuit include: claiming "serious impact" solely based on colleagues' oral statements or speculations, without objective assessment or customer evidence; directly issuing termination notices after discovering the part-time employment, failing to perform the "propose-rectify" reminder procedure; and counting non-full-time or approved part-time employment as disciplinary violations. Conversely, successful cases often have complete institutional basis (through democratic procedures and public announcements), clear part-time reporting clauses, employee signatures for confirmation, as well as emails and conversation records proving the impact or the reminder procedure. Lawyers advise employers to complete evidence fixation and notify the trade union before terminating the employment, while employees should keep the proof of their work schedule and normal performance of their main duties, to prove that the part-time employment did not affect their work. The relevant employment classification can be determined based on the above evidence.Labor arbitration and legal services for work-related injury compensationCarry out further investigations and assessments.

IV. Practical suggestions and legal basis

Legal basis: Article 39 Paragraph 4 of the Labor Contract Law of the People's Republic of China (amended on December 28, 2012) stipulates that if a worker simultaneously establishes labor relations with other employers, which seriously affects the completion of the employer's work tasks, or refuses to correct the situation after being notified by the employer, the employer may terminate the contract; Article 69 allows part-time multiple labor relations; Article 91 stipulates that the employer shall bear joint and several liability for losses caused to others by employing workers who have not terminated their original contract. Practical advice: The employer should clearly define the provisions on part-time job reporting and prohibiting conflicts of interest in legally publicized rules and regulations. If the employer discovers that the employee is engaged in part-time work, the employer shall first issue a written warning and keep a record, and then terminate the contract and notify the trade union according to the circumstances; Employees engaged in part-time work should avoid conflicts, keep evidence of normal performance of their main duties, and apply for arbitration in time if they are unlawfully terminated, claiming compensation or continuing to perform the contract.

5. Henglu Law Firm's Reminder

The essence of part-time job disputes lies in the triple judgment of "nature of employment + impactful consequences + procedural compliance". Full-time employees engaging in part-time work are not automatically subject to dismissal. The employer must prove that it has seriously affected the work or refused to make corrections after being reminded, and improve the system and provide evidence; employees should adhere to the bottom line of performing their duties and avoid conflicts of interest. Whether it is termination or compensation claims, evidence and procedures determine the outcome. It is crucial not to act based on emotions. In case of disputes, it is necessary to collect materials such as chat records, performance evaluations, and shift schedules as soon as possible, grasp the one-year arbitration statute of limitations, and consult professional lawyers to clarify rights and responsibilities.

VI. Frequently Asked Questions

Q1: If a full-time employee takes on a part-time job after work, can the employer directly dismiss them?

It's certainly not allowed to dismiss an employee directly. If a full-time employee engages in part-time work without the employer's consent, the employer may terminate the contract in accordance with Article 39 Paragraph 4 of the Labor Contract Law of the People's Republic of China only under two circumstances: first, the part-time work seriously affects the employee's ability to fulfill their duties at the employer's workplace; second, the employee refuses to correct the situation after being notified by the employer. Simply "engaging in part-time work" does not constitute grounds for termination. The employer must provide evidence of the impact or have previously requested the employee to correct the situation. If the employer's rules prohibit part-time work and have been approved through democratic procedures and public announcements, combined with evidence of the impact or a prior warning, the termination is more likely to be supported. Otherwise, unilateral termination may constitute a violation of the law, and the employee may claim continued performance of the contract or request compensation for unlawful termination. Employees should also avoid conflicts of interest between their part-time work and their main job to prevent triggering more severe liabilities.

Q2: The company's rules and regulations don't mention prohibiting part-time work. Can they fire me for doing part-time work?

It's quite difficult. If an employer terminates an employee for serious violations of company rules and regulations, the relevant rules and regulations must be legal and have been publicly announced and notified; if the employee handbook does not list part-time work as a disciplinary violation, or if it has not been subject to democratic procedures and public announcements, the employer will have difficulty terminating the employee based on "customary practice". Even so, if part-time work does seriously affect the employee's main job, the employer may still terminate the employee in accordance with Article 39, Paragraph 4, but the employer must bear the burden of proof for "serious impact". Whether there are explicit provisions in the rules and regulations is a separate issue. After the employee is terminated, the employee can check the company's rules and regulations and the notification records, claim that the termination lacks basis, and apply for arbitration within the one-year arbitration statute of limitations to request confirmation of the illegal termination and claim compensation or request continued performance of the contract.

Q3: If part-time work affects one's main job, how can the employer prove it?

The unit shall provide evidence of "serious impact" from an objective perspective: first, the task dimension, such as specific records of project delays, non-compliant deliverables, and unsatisfactory performance evaluations; second, the interest dimension, such as written materials on customer loss, order reduction, and damage to business reputation; third, the time conflict dimension, such as attendance records and travel evidence showing that part-time work overlaps with regular work schedules. At the same time, the unit shall retain notifications to employees requiring correction and the employees' receipt and response records. Subjective evaluations or hearsay alone are insufficient to establish the impact. If the employee claims that there was no impact, they shall provide evidence of regular attendance and satisfactory performance to refute the allegation. The strength of the evidence provided by both parties directly determines the legality of the termination. If necessary, it is recommended to hire a lawyer to organize the list of evidence.

Q4: I'm working part-time for a competitor. Can my employer make me pay compensation?

Possibly. If the part-time job involves the unit's trade secrets, client resources, or violates non-compete clauses or confidentiality obligations, the unit may not only terminate the contract but also claim compensation in accordance with Article 90 of the Labor Contract Law of the People's Republic of China and the confidentiality and non-compete agreements; if the unit suffers economic losses, it may demand compensation. However, the unit must prove the existence of confidentiality or non-compete agreements, the employee's actual infringement or breach of contract, and the specific amount of losses. General accusations are difficult to gain support. Only in the case of general part-time jobs without confidentiality conflicts, the unit can usually only terminate the contract in accordance with Article 39 Paragraph 4 and it's difficult to seek additional compensation. Employees who have signed non-compete or confidentiality agreements should strictly comply with them to avoid infringing on the unit's rights during their part-time jobs. In case of disputes, they can refer to the assessment of liability boundaries by Beijing Henglu Law Firm.

Q5: If I'm dismissed on the grounds of being a part-time worker, what evidence should I prepare?

The first step is to obtain the notice of termination and the delivery certificate, and clarify the unit's reasons for termination. The second step is to prepare materials to prove the nature of the employment relationship: labor contracts, attendance records, and salary slips, to demonstrate whether it is full-time or part-time employment. The third step is to collect evidence of normal performance of duties, such as performance evaluations, project deliveries, and supervisor evaluations, to refute the claim of "serious impact". The fourth step is, if the unit's regulations do not prohibit part-time employment, to preserve the regulatory documents and notification records to prove the lack of explicit legal basis. The fifth step is to keep chat records of discussing part-time employment with the unit, to prove whether the employee was ever urged to correct the situation. After preparing all the necessary materials, the employee should file an arbitration claim within the one-year arbitration statute of limitations, demanding compensation for unlawful termination or continued performance of the contract. If necessary, the employee may hire a lawyer to obtain key evidence.

The above content is based on the judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Labor arbitration legal services·Beijing Henglu Law Firm