Hello Everyone, I have a question regarding dual employment. I did go through old threads but still seek some clarification.
A few months back I joined a new company, company-2 as an Independent Contractor. They did not want me to serve notice to my old company company-1 and were asking to just leave company-1 the next day without serving any notice period.
I did not feel doing this was good on my part and it was then company-2 offered me to join as a contractor and work as an independent consultant for them while I serve notice period in company-1. They suggested this and were OK with me working for both companies at the same time and promised to convert me to full-time once I get relieved from company-1.
My doubt is if I decide to leave company-2 now, and join company-3, Can Company-3 come to know about this dual employment I did in past? Moreover, Can they fire me on this mistake I did in past?
From India, Hyderabad
A few months back I joined a new company, company-2 as an Independent Contractor. They did not want me to serve notice to my old company company-1 and were asking to just leave company-1 the next day without serving any notice period.
I did not feel doing this was good on my part and it was then company-2 offered me to join as a contractor and work as an independent consultant for them while I serve notice period in company-1. They suggested this and were OK with me working for both companies at the same time and promised to convert me to full-time once I get relieved from company-1.
My doubt is if I decide to leave company-2 now, and join company-3, Can Company-3 come to know about this dual employment I did in past? Moreover, Can they fire me on this mistake I did in past?
From India, Hyderabad
Dear Member, Dual employment on the face of it not allowed .But your case up to company 2 looks to be an acceptable arrangement by them. Issue would only arise that when you claim your experience with both companies , there will be a overlapping period. You may have to reflect your experience of Company 2 only date after the formal exit form Company 1.
It is made out from your narration that you are a Independent consultant/Contractor in Company 2 and therefore it not of case of employment rather engagement as consultant. So I apparently find no issue as such except for time line.
# Kindly note that advice rendered is purely academic and not to be used for any legal reference.
From India, Lucknow
6It is made out from your narration that you are a Independent consultant/Contractor in Company 2 and therefore it not of case of employment rather engagement as consultant. So I apparently find no issue as such except for time line.
# Kindly note that advice rendered is purely academic and not to be used for any legal reference.
From India, Lucknow
In my opinion based on the concept of dual employment in India, the offer given by the Company-II does not seem to be indicative of good HR practice, though it is an intelligent way of circumventing the negative aspect of dual employment by a regular employee of an organization.
Regular employment implies the wholesome disposal of the employee in the services of the employer. If the professional or technical expertise of such an employee is so great that it can well be utilised by all the needy belonging to the same/similar industry, why can't he get the approval of his current employer or resign forthwith complying with the rules of exit one way or other?
Whatever be the justification offered in this regard, it is totally unethical on the part of the employee and unfair on the part of any employer who proposes such an ' engagement' for his self-centred immediate requirement.
People's perceptions differ from time to time and situation to situation and so do are that of employers'. In India, dual employment is not relished/permitted by employers and so do are the service regulations of employees in general.
I think that the poster should think twice before leap in his own employability in future elsewhere.
From India, Salem
Regular employment implies the wholesome disposal of the employee in the services of the employer. If the professional or technical expertise of such an employee is so great that it can well be utilised by all the needy belonging to the same/similar industry, why can't he get the approval of his current employer or resign forthwith complying with the rules of exit one way or other?
Whatever be the justification offered in this regard, it is totally unethical on the part of the employee and unfair on the part of any employer who proposes such an ' engagement' for his self-centred immediate requirement.
People's perceptions differ from time to time and situation to situation and so do are that of employers'. In India, dual employment is not relished/permitted by employers and so do are the service regulations of employees in general.
I think that the poster should think twice before leap in his own employability in future elsewhere.
From India, Salem
Dear member,
I have again reviewed the opinion rendered on the query regarding dual employment and I quote the provision of Factory Act 1948 as under( as reference on dual employment) :
Section 60 in The Factories Act, 1948
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. tc "60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed."
I also agree to opinion expressed by Ld. Additional Labour Commissioner (RTD) regarding the ethical prospective of dual employment.
Since occurrence has already occurred and therefore more can not be changed in the situation and so you have to take a call on yourself by looking into the entirety of the situation.
From India, Lucknow
I have again reviewed the opinion rendered on the query regarding dual employment and I quote the provision of Factory Act 1948 as under( as reference on dual employment) :
Section 60 in The Factories Act, 1948
60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed. tc "60. Restriction on double employment.—No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed."
I also agree to opinion expressed by Ld. Additional Labour Commissioner (RTD) regarding the ethical prospective of dual employment.
Since occurrence has already occurred and therefore more can not be changed in the situation and so you have to take a call on yourself by looking into the entirety of the situation.
From India, Lucknow
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Enforcement of negative covenants in employment terms.pdf