Greetings to the Community Members!
I have been working as an HR & Admin Manager for a company since April 2015. In August 2016, they started a new company (sister concern to the first company, since they both have the same parent company—Directors are also the same, and both companies operate out of the same premises). Since then, I have been working as an HR & Admin Manager for both companies, even though no appointment letter or any other document has been issued to me stating that I will be handling both responsibilities.
Since then, I have been signing employee letters and addressing employees as their HR Manager. Are the documents signed by me valid? What kind of letter should be issued to me to make my position a valid one? I have not received any extra pay for handling the new responsibilities, nor have I been given a hike in the original position.
Your valuable advice is requested in this matter.
Thanks and regards
From India, Bengaluru
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I have been working as an HR & Admin Manager for a company since April 2015. In August 2016, they started a new company (sister concern to the first company, since they both have the same parent company—Directors are also the same, and both companies operate out of the same premises). Since then, I have been working as an HR & Admin Manager for both companies, even though no appointment letter or any other document has been issued to me stating that I will be handling both responsibilities.
Since then, I have been signing employee letters and addressing employees as their HR Manager. Are the documents signed by me valid? What kind of letter should be issued to me to make my position a valid one? I have not received any extra pay for handling the new responsibilities, nor have I been given a hike in the original position.
Your valuable advice is requested in this matter.
Thanks and regards
From India, Bengaluru
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Legal Implications of Dual Employment
From a legal standpoint, these two establishments are separate if they are not located on the same premises, with due licenses or certificates of registration, and maintain two separate muster rolls. If that is the case, your employer/occupier/manager is liable for violating the law prohibiting or forbidding double employment at a time. Your name is on one muster roll while you work at two separate workplaces on a workday.
Laws require compliance without asking for consent. It’s not a choice of whether to comply but rather how to comply.
Regards, Team Kritarth HRM IR Advisors
Email: [Email Removed For Privacy Reasons]
Website: Home | Kritarth Consulting Private Limited
29.6.17
From India, Delhi
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206From a legal standpoint, these two establishments are separate if they are not located on the same premises, with due licenses or certificates of registration, and maintain two separate muster rolls. If that is the case, your employer/occupier/manager is liable for violating the law prohibiting or forbidding double employment at a time. Your name is on one muster roll while you work at two separate workplaces on a workday.
Laws require compliance without asking for consent. It’s not a choice of whether to comply but rather how to comply.
Regards, Team Kritarth HRM IR Advisors
Email: [Email Removed For Privacy Reasons]
Website: Home | Kritarth Consulting Private Limited
29.6.17
From India, Delhi
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Respected Prashant B Ingawale,
Respected Team Kritarth,
Thank you for your valuable opinions! In your opinion, what is the legal validity of the documents I have signed? If an employee goes to court in the future on any issue, will these documents hold good?
Thanks and regards,
B Varma
From India, Bengaluru
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Respected Team Kritarth,
Thank you for your valuable opinions! In your opinion, what is the legal validity of the documents I have signed? If an employee goes to court in the future on any issue, will these documents hold good?
Thanks and regards,
B Varma
From India, Bengaluru
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf
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