Hi All,
I wanted to check that is it permissible under the Indian Law that on can have dual employment. Even though the appointment letters issued from the company says "
Your position is a whole time employment with the Company and you shall devote yourself exclusively to the business of the Company. You will not take up any other work for remuneration (Part time or otherwise) or work on advisory capacity or be interested directly or indirectly (except as a shareholder or debenture holder) in any other trade or business during the employment with the Company without the written permission of a full time Director of the Company."
Also wanted to know if some one wants to take up an additional employement (may be as consultant) is if permissible if yes what are the conditions to be fullfilled by the said employee. Or what steps should an employer take in such a situation.
Regards,
C J Patel
From India, Bangalore
I wanted to check that is it permissible under the Indian Law that on can have dual employment. Even though the appointment letters issued from the company says "
Your position is a whole time employment with the Company and you shall devote yourself exclusively to the business of the Company. You will not take up any other work for remuneration (Part time or otherwise) or work on advisory capacity or be interested directly or indirectly (except as a shareholder or debenture holder) in any other trade or business during the employment with the Company without the written permission of a full time Director of the Company."
Also wanted to know if some one wants to take up an additional employement (may be as consultant) is if permissible if yes what are the conditions to be fullfilled by the said employee. Or what steps should an employer take in such a situation.
Regards,
C J Patel
From India, Bangalore
Mr.Patel,
There is no law that prevents dual employment, but violation of company policy is eligible for prosecution. Once you sign the offer letter with such condition, you will be bound by the clauses and you shall not breach the employment contract. But if you want to take up any consultancy in your name, you can approach the company you work with and ask for a no objection letter, which the company may consider giving.
From India, Madras
There is no law that prevents dual employment, but violation of company policy is eligible for prosecution. Once you sign the offer letter with such condition, you will be bound by the clauses and you shall not breach the employment contract. But if you want to take up any consultancy in your name, you can approach the company you work with and ask for a no objection letter, which the company may consider giving.
From India, Madras
Dear Patel,
Individual can go for more than one employment at a time but it should not violate the employment contract mention in the employment contracts given by the employers.
For example- If we hire visiting consultant then he/she may seek other employment at the same time but should be mentioned in the employment contract. Confidentiality agreement should be in place. Like professors and doctors.
If an employee is under full time employment and without written permission from the employer he/she seek other employment at same time, then this will be treated as breach of contract. Employer is liable to take legal action which may lead to penalty or even dismissal.
From India, Bhubaneswar
135Individual can go for more than one employment at a time but it should not violate the employment contract mention in the employment contracts given by the employers.
For example- If we hire visiting consultant then he/she may seek other employment at the same time but should be mentioned in the employment contract. Confidentiality agreement should be in place. Like professors and doctors.
If an employee is under full time employment and without written permission from the employer he/she seek other employment at same time, then this will be treated as breach of contract. Employer is liable to take legal action which may lead to penalty or even dismissal.
From India, Bhubaneswar
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