HBO education reporting obligation for secondary activities?

Questioner

Are you required to inform your HBO education employer that you will be working one day a week = your day off, elsewhere in a different position at another university of applied sciences, looking at the CAO HBO education? See quote below. https://www.vereniginghogescholen.nl/system/knowledge_base/attachments/files/000/001/305/original/085_021_CAO_2022_DEF.pdf?1657280570 Please note that this is completely different work for a different university in a different area. If you do not report it, can your employer find out that you work elsewhere, for example through the tax authorities or something? Can your current employer impose a fine on you if you fail to report? Section from collective labor agreement Article E-4 Secondary activities 1 The employee will report the scope and content of secondary activities related to his work and professionalism. He will not perform any activities that demonstrably harm the fulfillment of his function and the interests of the employer. The employee is obliged to pay to the employer any compensation from third parties for work performed by the employee during 29 CAO-HBO 2022-2023 working hours or compensation for awarding work to those third parties, or any other compensation paid by third parties in connection with any relationship with the employment contract with the employer, insofar as the employer has not granted him a written exemption from this obligation.

Lawyer

The basis is since August 1 that secondary activities may not be refused by the employer unless they conflict with, for example, safety. An employer may still oblige you to report secondary activities. In particular also because of the exception in the law. I wonder whether the clause as it is now in the collective labor agreement will survive completely and be accepted as such by a judge. But reporting can certainly be an obligation. Success!