Dual employment without prior information/permission (in writing) to both the organization concerned would amount to breach of employment contract.
If one is in employment with two organizations at a time without informing to the concerned organizations it is conceiling of vital information, which may amount to fraud liable to action under the respective service conditions of both organizations as also under laws of general application like Contract Act and Indian Penal Code.
here we need to diffrentiate the word employment and honorary assigments. Giving free service or getting honorary payments/re-imbursement is certainly not an employment.
Regards,
From India, Pune
173If one is in employment with two organizations at a time without informing to the concerned organizations it is conceiling of vital information, which may amount to fraud liable to action under the respective service conditions of both organizations as also under laws of general application like Contract Act and Indian Penal Code.
here we need to diffrentiate the word employment and honorary assigments. Giving free service or getting honorary payments/re-imbursement is certainly not an employment.
Regards,
From India, Pune
I quiet bit confused, most of the people say their was legal boundings, oke fine. what we can do... we can terminate the employee......... nothing else...............but it was not the solution. as HR people we are sittting on the orgnisation for employee's benefits as well as employer's benefits. If this employee gives his 100% during the term of his employment and maintain organisation's all legal perspectives intact, then if he work as consultant, where is the problem exists, we have to understand his needs and feelings, if it was going in wrong way then we have option of termination as per our legal perspectives.
Thanks and Regrds
Dipak Kumar Saha
From India, Bhubaneswar
Thanks and Regrds
Dipak Kumar Saha
From India, Bhubaneswar
No provided you have an explicit policy prohibiting people to take part time jobs.
If it is not conflicting with your business, usually companies don't bother.
You need to take call on what is his business/job outside your office hours, than take action.
Vijay
HR Advisor
If it is not conflicting with your business, usually companies don't bother.
You need to take call on what is his business/job outside your office hours, than take action.
Vijay
HR Advisor
In my opinion, it all depends on whether, whilst performing the job elsewhere, there is or not, a conflict of interest. One has to be careful about releasing confidential information, directly or indirectly, to potentially competitive firms. There must be a policy concerning outside business activities where same does not exist. Otherwise it is also a question of ethical behaviour. I hope this helps. Eddy
From Mauritius
From Mauritius
Sub:can an employee work as consultant any where else
dear all
in my opinion
A full time employee one can not work as consultant any where else. If he does that he is doing justice with his employer. However for a part-time employee there is no bar.
if a full time employee is found working with another orgainsiation he can be chargesheeted and dimised from service on the ground of unprossessional ethis.
regards every body
RL Dhingra ,Advocate
Labour Law consultant
09818309937
From India, Delhi
dear all
in my opinion
A full time employee one can not work as consultant any where else. If he does that he is doing justice with his employer. However for a part-time employee there is no bar.
if a full time employee is found working with another orgainsiation he can be chargesheeted and dimised from service on the ground of unprossessional ethis.
regards every body
RL Dhingra ,Advocate
Labour Law consultant
09818309937
From India, Delhi
Hi hhurmade,
Though most organizations does not allow nor encourage dual employment, there are few as a policy allow such practice. In one of the organizations that I have worked before they did have a provision for dual employment, subject to approval from the process head and the HR.
They review the second job profile and evaluate if that role would have any negative impact on the employees present position. If that comes out clean, they approve the second employment. But I don't think as a law, there is anything that prevents a person working in a private firm to take up a second job, as a consultant or as a full timer. In case the person is working for a government organization, the law strictly prohibits a second employment.
In case the organization is government funded, then depending on the nature of the organization, there may be provisions allowed.
With regards,
John P Vijay
Managing Director
WULFGARDS LEARNING CENTER
From India, Madras
Though most organizations does not allow nor encourage dual employment, there are few as a policy allow such practice. In one of the organizations that I have worked before they did have a provision for dual employment, subject to approval from the process head and the HR.
They review the second job profile and evaluate if that role would have any negative impact on the employees present position. If that comes out clean, they approve the second employment. But I don't think as a law, there is anything that prevents a person working in a private firm to take up a second job, as a consultant or as a full timer. In case the person is working for a government organization, the law strictly prohibits a second employment.
In case the organization is government funded, then depending on the nature of the organization, there may be provisions allowed.
With regards,
John P Vijay
Managing Director
WULFGARDS LEARNING CENTER
From India, Madras
Hi
The issue can not be generalised as this depend upon the language of the Appointment letter specifying the terms and conditions of the work and the service.
It is wrong to contend that the Govt Officials even at the level of secretaries are allowed the work of consultation and paid Honorarium.
A Govt Servant is a 24 hr employee and can not accept any other any type of employment whatsoever. Attending seminars or workshops lectures are not employment and they are sort of Guest Faculties as expert and the authority on the Subject.
If the Standing Orders do not provide or the terms of employment does not any way restrict the part time employment it may be termed as Permissible.
It is seen that certain employee having expertise by virtue of their long experience provide part time consultant but it is done UNOFFICIALLY.
From India, Jaipur
The issue can not be generalised as this depend upon the language of the Appointment letter specifying the terms and conditions of the work and the service.
It is wrong to contend that the Govt Officials even at the level of secretaries are allowed the work of consultation and paid Honorarium.
A Govt Servant is a 24 hr employee and can not accept any other any type of employment whatsoever. Attending seminars or workshops lectures are not employment and they are sort of Guest Faculties as expert and the authority on the Subject.
If the Standing Orders do not provide or the terms of employment does not any way restrict the part time employment it may be termed as Permissible.
It is seen that certain employee having expertise by virtue of their long experience provide part time consultant but it is done UNOFFICIALLY.
From India, Jaipur
:)) Wish it was 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
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
Hi,
I am assuming your company's recruitment policy includes a provision of "Non-Compete". If the same is not breached, it should be ok.
In other words, s/he cannot be consulting for a similar natured business.
Also, there are companies which 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
I am assuming your company's recruitment policy includes a provision of "Non-Compete". If the same is not breached, it should be ok.
In other words, s/he cannot be consulting for a similar natured business.
Also, there are companies which 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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