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vinodmahadik111
hi,
Generally companies doesn't allow to run business which are in conflict of companies business. We should take action at proper time. If you have already doubt then why you wait till he resigns.
So it's better to relieve such employees.
You can take action but I think it's too late.
Regards,
Vinod

From India, Kolhapur
Harshada B.
Dear Kaye,
You can not hold the resigned employees dues until it is in the brackets of law / company policy / appointment contract.
Further if you had the information of he running a business, you should have taken a preventive steps of atleast issuing him a warning in writing.
Now that you have experienced this situation, the best you can do is to avoid such incidences again.
something like including below clause in appointment contract would help
"You will not while in the services of the Company undertake or concern yourself directly or indirectly with any other duties or outside work or Business either part-time or full-time, without the express written permission of the Management". If you are found doing so without written permission, Your services will be liable to be terminated immediately without notice for breach of the above conditions.

From India, Mumbai
jawed.raz
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From India, Bangalore
Gunjan Vankar
1

If he is able to complete his work in organization and the performance has not come down, then you should not take action. If in case the performance of the employee repeatedly come down with the reason of his personal business, which affect in organization work then only you should take action.
From India, Jetpur
M.J.SUBRAMANYAM
24

Hi Pradeep,
I personally agree with Mr.Madhu who has suggested something, in the interest of all. If you carefully read, Mr. K.Ravi's remarks appears to be a little sarcastic and not a solution to the question. Any one can contribute to this forum, but we should be careful of our language. One need not be sarcastic, hurtful, jealous, etc. Mr.Madhu has suggested in good spirit and let us not make it polluted and attribute meaning to it. My sincere appeal to you is not to support such postings which indirectly hurt or create ill-will against one another. If possible, let us all add to one another's knowledge. Let us share good things.
I do hope you will take my suggestions in good spirit.
M.J. SUBRAMANYAM, BANGALORE

From India, Bangalore
gitu_k
I deem everyone has freedom to do legal work and if employee runs his own business which is not alike of business of his employer for whom he is providing his services so that should be acceptable. But it seems bad if his remuneration is not paid. First employee does work then gets paid, But he is not paid before working, So the services which he has already given then his salary must be payable.
Thanks
Gitesh

From India, New Delhi
skjohri1
84

Dear,
I do not agree to allow a person to do his own business as he is paid for only eight hours by the present employer. Model Standing Orders provide a clause of misconduct if the employee is engaged in some other avocation or business. As a matter of fact an employee is paid by the employer for the tenure he has been engaged by him. Over looking or allowing an employee may look to be a progressive outlook but is not in the interest of work , discipline and dedication of the organisation he is working for.
In the present case, you have little choice but to release the FF payment to be safe.
Regards
S.K.Johri

From India, Delhi
M.J.SUBRAMANYAM
24

Hi Kaye,
If the employee's business interferes with his work at office, then this is certainly a serious matter and has to be dealt with seriously.He cannot take salary from the company and so some other personal work in office.
But beyond office hours it is a different matter. The action you would like take depends on the terms of employees' contract. If the terms prohibits doing business of personal nature even after office hours, this has to be handled carefully after confirming the fact and collecting sufficient evidence and giving the an opportunity to mend his ways. . Otherwise one will be at the receiving end,because the employees do business which is normally in the name of his wife or son/daughter. He will say that he is not doing business but for a day he is assisting his wife who is not well!!
M.J. SUBRAMANYAM, BANGALORE

From India, Bangalore
skjohri1
84

Dear Kaye,
It is not the matter of right that an employee carries out the business in the name of either his wife or any other relative, for doing so, as per extant rules and practice one has to take prior permission of the management, things going unnoticed stand exception.
Regards
S.K.Johri

From India, Delhi
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