Dual employment without prior information/permission (in writing) to both the organization concerned would amount to a breach of the employment contract. If one is employed by two organizations simultaneously without informing the concerned parties, it constitutes concealing vital information, which may be considered fraud and could lead to action under the respective service conditions of both organizations, as well as under general laws like the Contract Act and the Indian Penal Code.
It is important to differentiate between the terms "employment" and "honorary assignments." Providing free services or receiving honorary payments/reimbursements does not constitute employment.
Regards,
From India, Pune
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177It is important to differentiate between the terms "employment" and "honorary assignments." Providing free services or receiving honorary payments/reimbursements does not constitute employment.
Regards,
From India, Pune
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I am quite a bit confused. Most people say there were legal bindings, okay, fine. What can we do? We can terminate the employee. Nothing else. But that was not the solution. As HR professionals, we are sitting in the organization for employees' benefits as well as employers' benefits. If this employee gives his 100% during the term of his employment and maintains the organization's legal perspectives intact, then if he works as a consultant, where is the problem? We have to understand his needs and feelings. If it is going in the wrong way, then we have the option of termination as per our legal perspectives.
Thanks and Regards,
Dipak Kumar Saha
From India, Bhubaneswar
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Thanks and Regards,
Dipak Kumar Saha
From India, Bhubaneswar
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No, provided you have an explicit policy prohibiting people from taking part-time jobs. If it is not conflicting with your business, usually companies don't bother. You need to make a call on what his business/job is outside your office hours, then take action.
Vijay
HR Advisor
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Vijay
HR Advisor
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Subject: Can an Employee Work as a Consultant Anywhere Else
Dear all,
In my opinion, a full-time employee cannot work as a consultant anywhere else. If they do so, they are not being fair to their employer. However, for a part-time employee, there are no restrictions.
If a full-time employee is found working with another organization, they can be charged and dismissed from service on the grounds of unprofessional ethics.
Regards to everybody,
RL Dhingra, Advocate Labor Law Consultant 09818309937
From India, Delhi
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Dear all,
In my opinion, a full-time employee cannot work as a consultant anywhere else. If they do so, they are not being fair to their employer. However, for a part-time employee, there are no restrictions.
If a full-time employee is found working with another organization, they can be charged and dismissed from service on the grounds of unprofessional ethics.
Regards to everybody,
RL Dhingra, Advocate Labor Law Consultant 09818309937
From India, Delhi
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Hi hhurmade,
Though most organizations do not allow nor encourage dual employment, there are a few that have policies allowing such practice. In one of the organizations where I have worked before, they did have a provision for dual employment, subject to approval from the department head and the HR.
They review the second job profile and evaluate if that role would have any negative impact on the employee's current position. If everything checks out, they approve the second employment. However, I don't think there is any law that prevents a person from working in a private firm and taking up a second job, whether as a consultant or a full-timer. If the individual is employed by a government organization, the law strictly prohibits a second job.
In the case of government-funded organizations, depending on the nature of the entity, there may be provisions allowed.
With regards,
John P Vijay
Managing Director
WULFGARDS LEARNING CENTER
From India, Madras
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Though most organizations do not allow nor encourage dual employment, there are a few that have policies allowing such practice. In one of the organizations where I have worked before, they did have a provision for dual employment, subject to approval from the department head and the HR.
They review the second job profile and evaluate if that role would have any negative impact on the employee's current position. If everything checks out, they approve the second employment. However, I don't think there is any law that prevents a person from working in a private firm and taking up a second job, whether as a consultant or a full-timer. If the individual is employed by a government organization, the law strictly prohibits a second job.
In the case of government-funded organizations, depending on the nature of the entity, there may be provisions allowed.
With regards,
John P Vijay
Managing Director
WULFGARDS LEARNING CENTER
From India, Madras
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Hi,
The issue cannot be generalized as this depends upon the language of the appointment letter specifying the terms and conditions of the work and the service. It is wrong to contend that government officials, even at the level of secretaries, are allowed to work as consultants and receive paid honorarium. A government servant is a 24-hour employee and cannot accept any other type of employment whatsoever. Attending seminars, workshops, or giving lectures is not considered employment; these activities classify individuals as guest faculties who are experts and authorities on the subject. If the standing orders do not provide or the terms of employment do not in any way restrict part-time employment, it may be deemed permissible. It is observed that certain employees, possessing expertise due to their extensive experience, provide part-time consultancy unofficially.
From India, Jaipur
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The issue cannot be generalized as this depends upon the language of the appointment letter specifying the terms and conditions of the work and the service. It is wrong to contend that government officials, even at the level of secretaries, are allowed to work as consultants and receive paid honorarium. A government servant is a 24-hour employee and cannot accept any other type of employment whatsoever. Attending seminars, workshops, or giving lectures is not considered employment; these activities classify individuals as guest faculties who are experts and authorities on the subject. If the standing orders do not provide or the terms of employment do not in any way restrict part-time employment, it may be deemed permissible. It is observed that certain employees, possessing expertise due to their extensive experience, provide part-time consultancy unofficially.
From India, Jaipur
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:) Wish it were possible.
Yes, I do agree that if a person is employed on the rolls of the company, then he is bound to work for that company only.
But, what if he is working in a company and working as a consultant from his residence, but not related to any company? Meaning that the work is being outsourced, and he works as a consultant.
From India, Bangalore
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Yes, I do agree that if a person is employed on the rolls of the company, then he is bound to work for that company only.
But, what if he is working in a company and working as a consultant from his residence, but not related to any company? Meaning that the work is being outsourced, and he works as a consultant.
From India, Bangalore
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Hi,
I am assuming your company's recruitment policy includes a provision of "Non-Compete." If the same is not breached, it should be okay. In other words, he or she cannot be consulting for a similar natured business.
There are companies that cover all companies (either competing or not) under their non-compete provision. If so, then working anywhere else under any arrangement is not permissible.
Thanks
From Nepal, Kathmandu
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I am assuming your company's recruitment policy includes a provision of "Non-Compete." If the same is not breached, it should be okay. In other words, he or she cannot be consulting for a similar natured business.
There are companies that cover all companies (either competing or not) under their non-compete provision. If so, then working anywhere else under any arrangement is not permissible.
Thanks
From Nepal, Kathmandu
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