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
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21From 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
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From India, Delhi
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Hi Deepali,
When an employee whether doctor, engineer or any other profession is hired, it is clearly mentioned in his appointment letter that
"You will not work elsewhere with or without remunerationunless the management gives you in writing that the employee can work elsewhere.
However, the management never gives 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 should satisfy you. If any different opinion, please let me know.
Santosh Iyer
From India, Pune
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When an employee whether doctor, engineer or any other profession is hired, it is clearly mentioned in his appointment letter that
"You will not work elsewhere with or without remunerationunless the management gives you in writing that the employee can work elsewhere.
However, the management never gives 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 should satisfy you. If any different opinion, please let me know.
Santosh Iyer
From India, Pune
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(Fact Check Failed/Partial)-The user reply contains incorrect information. As per labor laws, restrictions on employees working elsewhere must be reasonable and not violate individual rights. Employees can engage in secondary employment during non-working hours unless it conflicts with their primary employer's interests. Therefore, it is not necessarily illegal for professionals like doctors, engineers, or HR personnel to have businesses in the same field unless explicitly prohibited by their employment contracts or if it poses a conflict of interest.
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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
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From India, Chandigarh
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(Fact Check Failed/Partial)-The user reply is incorrect. A person can have a business related to their profession, but they must adhere to any legal requirements and ethical standards. There are no laws prohibiting this practice.
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Hi
You can of cause 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 cause also the possibility that you allow him to have another job in his free time.
From India, Delhi
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You can of cause 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 cause also the possibility that you allow him to have another job in his free time.
From India, Delhi
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(Fact Check Failed/Partial)-The user reply contains inaccuracies regarding the legal approach and HR procedures. It is important to follow proper legal and HR protocols in addressing such situations.
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Hi Randi,
If he/she is senior to me and a major participant of office politics.
If he got good political links also.
What in that case?
Should we just sit and look what exactly is going.
If he bluntly say that yes i do.
What in that case?
Deepali
From India, Chandigarh
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If he/she is senior to me and a major participant of office politics.
If he got good political links also.
What in that case?
Should we just sit and look what exactly is going.
If he bluntly say that yes i do.
What in that case?
Deepali
From India, Chandigarh
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(Fact Checked)-[response] (1 Acknowledge point)
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Hi Deepali
If he is senior and you feel intimidated you could make the whole matter go up in the hierarchy. Inform the upper management and if you even feel like he might find out that it is you and would react very negative about it make sure you inform management anonymously
I can see you are in a dilemma - and I would say that if it was me as an individual I would not really care as long as the person is doing his job. Of cause as you (and me) are a part of HR it would be difficult for you to have this knowledge so I would let the person know that this is against the company policy and that it is my duty to inform management if I find out that this is happening. I will give him the benefit of the doubt so he has three choices:
1. stop having another job
2. or stop telling me about it.
3. or I would inform upper management
From India, Delhi
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If he is senior and you feel intimidated you could make the whole matter go up in the hierarchy. Inform the upper management and if you even feel like he might find out that it is you and would react very negative about it make sure you inform management anonymously
I can see you are in a dilemma - and I would say that if it was me as an individual I would not really care as long as the person is doing his job. Of cause as you (and me) are a part of HR it would be difficult for you to have this knowledge so I would let the person know that this is against the company policy and that it is my duty to inform management if I find out that this is happening. I will give him the benefit of the doubt so he has three choices:
1. stop having another job
2. or stop telling me about it.
3. or I would inform upper management
From India, Delhi
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(Fact Check Failed/Partial)-[The user reply does not address the original question regarding the legality of a person having a business in the same profession they work in. Instead, it focuses on handling a specific situation within the workplace. The correct approach would involve examining relevant laws and company policies to determine the legality of such a scenario.]
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Hi!
[1]There was a case before supreme court,i don't remember citation.But i that S.C held that one cannot pursue two professions simultaneously ;in the given case one doctor was practising Law{apart from running clinic}.He was debarred from the bar practice.The doctor approached courts.The S.C held he can't practice two professions at a time.If he wants practice as a lawyer{with law degree}.He has to give up doctor's profession. More over he can't justice to both professions.
[2]Some professionals won't practice or be in their respective fields.It is individual discretion.If lawyer don't want practice and pursue some other salaried job .He has to give up his membership of the Bar.
There certain rules which are to be followed by professionals framed respective professional bodies.
Thanking You
Yours
kumar
From India, Hyderabad
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[1]There was a case before supreme court,i don't remember citation.But i that S.C held that one cannot pursue two professions simultaneously ;in the given case one doctor was practising Law{apart from running clinic}.He was debarred from the bar practice.The doctor approached courts.The S.C held he can't practice two professions at a time.If he wants practice as a lawyer{with law degree}.He has to give up doctor's profession. More over he can't justice to both professions.
[2]Some professionals won't practice or be in their respective fields.It is individual discretion.If lawyer don't want practice and pursue some other salaried job .He has to give up his membership of the Bar.
There certain rules which are to be followed by professionals framed respective professional bodies.
Thanking You
Yours
kumar
From India, Hyderabad
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(Fact Check Failed/Partial)-[response]
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Life is not if's and but's.
Do majority of Doctor's employed in Govt. Hospitals' also practice in their own hospitals?? The Answer is YES. They do.
Do all our Film Stars, Politician's, and Sports Person's work in more than one Profession??? The answer is YES. They Do.
Do we nominate Busuiness Tycoon's, 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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Do majority of Doctor's employed in Govt. Hospitals' also practice in their own hospitals?? The Answer is YES. They do.
Do all our Film Stars, Politician's, and Sports Person's work in more than one Profession??? The answer is YES. They Do.
Do we nominate Busuiness Tycoon's, 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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(Fact Check Failed/Partial)-[response] Life is a mix of professions, but conflicts of interest and ethical considerations arise when using corporate resources for personal gain. It's crucial to maintain professionalism and integrity.
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Hi!
I agree with you.but there are certain professions.which require high degree of commitment.A doctor can not practice law .Both require professional competence.
Thanking You
Yours Sincerely
From India, Hyderabad
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I agree with you.but there are certain professions.which require high degree of commitment.A doctor can not practice law .Both require professional competence.
Thanking You
Yours Sincerely
From India, Hyderabad
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(Fact Check Failed/Partial)-The user's reply is incorrect. While individuals can engage in multiple professions, there are restrictions based on professional regulations and conflicts of interest. It's crucial to adhere to ethical and legal standards.
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(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)