Legally working , Two remote jobs at same time

Question

I’m currently working with a software company remotely and the work load is very light. So I received a new offer from another Software company and was planned to accept it and keep my current job as well, keep in mind both companies aren’t competitors they work in two different categories. But my new contract has this section:

And not sure if legally I have to leave my current job or I can keep it as long as I work for my first job outside the working hours of the second.

DUTY OF LOYALTY

You agree that while you are employed by the Company, (a) you have an undivided duty of loyalty and fair dealing to the Company and will work for the best interests of the Company and not take over any of the Company's business opportunities or prospective business opportunities for your personal gain and/or to the detriment of the Company; (b) you will not engage in any other employment or business activity without written permission from executive management; and (c) you will not engage in any other activities that conflict with your obligations to the Company.

Also worth mentioning my current job doesn’t have in the contract Duty of loyalty or any other similar rules.

Answer 1

You cannot hold both jobs and be in compliance with the new contract, unless written permission is obtained from the new employer.

The contract provision:

(b) you will not engage in any other employment or business activity without written permission from executive management;

makes this quite clear.

Unless you are able to negotiate a modified contract, or obtain the specified permission, holding both jobs would be a violation of this agreement.

If a person continued to hold two jobs under such an agreement, without obtaining written permission, and the second employer discovers this, the employer might well fire the worker. The employer might even sue for breach of contract, but to win such a suit would need to show significant damages..

Even if it is possible to perform both jobs at full proficiency, foing do without permission would violate the terms of the new agreement. Holding both jobs is not "illegal" in the sense that it is any sort of crime, but it is a violation of the terms of the agreement.

Answer 2

You need written permission from the second employer

That’s a condition that the second employer (but not the first) has imposed on you. It’s not a complicated interpretation.

Answer 3

not sure if legally I have to leave my current job

Item (b) is an exclusivity clause. By default, it precludes you from retaining your current job. Since it that seems you have not signed the new contract, you might want to require the new employer to remove item (b). Once you sign a contract with clause (b) it will be much harder to persuade the new employer to amend the contract.

As long as the new employer's interests are not affected, violating item (b) would not be a material breach. However, it is in your best interest to preempt the possibility of disputes that may arise from the pointless constraint that (b) entails.

or I can keep it as long as I work for my first job outside the working hours of the second.

No. With or without item (b), it is a given that doing any other job would have to be "outside the working hours of the second". The contrary would render item (a) somewhat meaningless.