Hi, I am confused, please help. Can a person being into a profession e.g doctor or HR or engineer or any other have the same profession’s business? Is this legal or illegal? Deepali
From India, Chandigarh
13From India, Chandigarh
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Sorry Deepali but I just don’t understand what you mean - please specify. Kind regards, Randi
From India, Delhi
From India, Delhi
Hi Deepali,
When an employee, whether a doctor, engineer, or any other professional, is hired, it is clearly mentioned in his appointment letter that "You will not work elsewhere, with or without remuneration unless the management gives you in writing that the employee can work elsewhere." However, the management never provides in writing that you can work elsewhere during your free hours, i.e., after working hours, etc., so it is ILLEGAL.
Hope the above answer satisfies you. If you have a different opinion, please let me know.
Santosh Iyer
Email: santosh_iyer79@rediffmail.com
From India, Pune
When an employee, whether a doctor, engineer, or any other professional, is hired, it is clearly mentioned in his appointment letter that "You will not work elsewhere, with or without remuneration unless the management gives you in writing that the employee can work elsewhere." However, the management never provides in writing that you can work elsewhere during your free hours, i.e., after working hours, etc., so it is ILLEGAL.
Hope the above answer satisfies you. If you have a different opinion, please let me know.
Santosh Iyer
Email: santosh_iyer79@rediffmail.com
From India, Pune
Hi Santosh, I agree with you. But what action can be taken against a perosn who is doing so? Isn’t he/she is setting a wrong example for other professionals. Deepali
From India, Chandigarh
From India, Chandigarh
Hi,
You can, of course, take him to court, but my experience with the Indian legal system is not that positive. I would, in your case, make a warning letter and call the employee for a meeting where you discuss the situation. If the employee decides to keep on having another job, you could decide to let him go. There is, of course, also the possibility that you allow him to have another job in his free time.
From India, Delhi
You can, of course, take him to court, but my experience with the Indian legal system is not that positive. I would, in your case, make a warning letter and call the employee for a meeting where you discuss the situation. If the employee decides to keep on having another job, you could decide to let him go. There is, of course, also the possibility that you allow him to have another job in his free time.
From India, Delhi
Hi Randi,
If he/she is senior to me and a major participant in office politics, if he has good political connections as well, what should we do in that case? Should we just sit and observe what is going on? If he bluntly says, "Yes, I do," then what should be our course of action?
Deepali
From India, Chandigarh
If he/she is senior to me and a major participant in office politics, if he has good political connections as well, what should we do in that case? Should we just sit and observe what is going on? If he bluntly says, "Yes, I do," then what should be our course of action?
Deepali
From India, Chandigarh
CiteHR.AI
(Fact Checked)-[response] (1 Acknowledge point)
Hi Deepali,
If he is senior and you feel intimidated, you could escalate the matter up the hierarchy. Inform the upper management, and if you fear he might discover it was you and react negatively, ensure you inform management anonymously.
I can see you are in a dilemma. I would say that if I were in your position, I wouldn't mind as long as the person is performing their job. However, as both you and I are part of HR, it's challenging for you to possess this knowledge. I would suggest letting the individual know that such actions go against company policy and that it is your responsibility to report such incidents to management. Provide him with the benefit of the doubt and present three options:
1. Stop engaging in another job.
2. Stop disclosing this information to me.
3. Or I will escalate the issue to upper management.
From India, Delhi
If he is senior and you feel intimidated, you could escalate the matter up the hierarchy. Inform the upper management, and if you fear he might discover it was you and react negatively, ensure you inform management anonymously.
I can see you are in a dilemma. I would say that if I were in your position, I wouldn't mind as long as the person is performing their job. However, as both you and I are part of HR, it's challenging for you to possess this knowledge. I would suggest letting the individual know that such actions go against company policy and that it is your responsibility to report such incidents to management. Provide him with the benefit of the doubt and present three options:
1. Stop engaging in another job.
2. Stop disclosing this information to me.
3. Or I will escalate the issue to upper management.
From India, Delhi
Hi!
There was a case before the Supreme Court; I don't remember the citation. But in that case, the S.C held that one cannot pursue two professions simultaneously. In the given case, one doctor was practicing law (apart from running a clinic). He was debarred from the bar practice. The doctor approached the courts. The S.C held he can't practice two professions at a time. If he wants to practice as a lawyer (with a law degree), he has to give up the doctor's profession. Moreover, he can't do justice to both professions.
Some professionals won't practice or be in their respective fields. It is individual discretion. If a lawyer doesn't want to practice and pursue some other salaried job, he has to give up his membership of the Bar.
There are certain rules that are to be followed by professionals framed by respective professional bodies.
Thanking You
Yours
Kumar
malkangiri_r@hotmail.com
From India, Hyderabad
There was a case before the Supreme Court; I don't remember the citation. But in that case, the S.C held that one cannot pursue two professions simultaneously. In the given case, one doctor was practicing law (apart from running a clinic). He was debarred from the bar practice. The doctor approached the courts. The S.C held he can't practice two professions at a time. If he wants to practice as a lawyer (with a law degree), he has to give up the doctor's profession. Moreover, he can't do justice to both professions.
Some professionals won't practice or be in their respective fields. It is individual discretion. If a lawyer doesn't want to practice and pursue some other salaried job, he has to give up his membership of the Bar.
There are certain rules that are to be followed by professionals framed by respective professional bodies.
Thanking You
Yours
Kumar
malkangiri_r@hotmail.com
From India, Hyderabad
Life is not ifs and buts.
Do the majority of doctors employed in government hospitals also practice in their own hospitals? The answer is YES. They do.
Do all our film stars, politicians, and sports persons work in more than one profession? The answer is YES. They do.
Do we nominate business tycoons, movie actors, and players in our Parliament? The answer is YES. We do.
What is the profession of Naveen Jindal, an MP from Haryana? He is a businessman and also in politics.
Apart from being a cricketer, Anil Kumble is also a sports and IT consultant.
The list is long.
It is not wrong. It is not illegal.
Yes, if you are using your professional corporate contacts for your personal benefits, if you are using the clients of your company for the benefits of your own business, then it is unethical but not illegal.
Think about it.
Regards,
Sanjeev Sharma
From India, Mumbai
Do the majority of doctors employed in government hospitals also practice in their own hospitals? The answer is YES. They do.
Do all our film stars, politicians, and sports persons work in more than one profession? The answer is YES. They do.
Do we nominate business tycoons, movie actors, and players in our Parliament? The answer is YES. We do.
What is the profession of Naveen Jindal, an MP from Haryana? He is a businessman and also in politics.
Apart from being a cricketer, Anil Kumble is also a sports and IT consultant.
The list is long.
It is not wrong. It is not illegal.
Yes, if you are using your professional corporate contacts for your personal benefits, if you are using the clients of your company for the benefits of your own business, then it is unethical but not illegal.
Think about it.
Regards,
Sanjeev Sharma
From India, Mumbai
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Legal Compliance Plan.xls
CiteHR.AI
(Fact Checked)-The user reply needs clarification. Deepali is asking if someone in a profession, like a doctor or HR, can have a business in the same field. This can be legal or illegal based on specific laws and regulations. (1 Acknowledge point)