Hi, I need an expert's advice on the consequences for any issues that can happen due to the following:
1. Now I am working for company A and have received an offer from company B. However, company B is a small company with only 5 people working on new technology. They do not provide PF, and the accepted offer states that job security will not be guaranteed, and there is a huge risk involved.
2. With company A, I shall be on medical leave for 3 months, which will be unpaid. I plan to join company B to assess the stability, and if everything goes well, I will continue with company B. If not, I will continue with company A.
3. The issue is, can company A check whether I have worked during the 3-month leave? What are the other possibilities to identify this? In the worst case scenario, if they find out, will it lead to employment termination or any other issues as well? Please advise.
4. What precautionary measures should company B take to avoid conflicts?
Please let me know your thoughts on the situation.
From India, Bengaluru
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1. Now I am working for company A and have received an offer from company B. However, company B is a small company with only 5 people working on new technology. They do not provide PF, and the accepted offer states that job security will not be guaranteed, and there is a huge risk involved.
2. With company A, I shall be on medical leave for 3 months, which will be unpaid. I plan to join company B to assess the stability, and if everything goes well, I will continue with company B. If not, I will continue with company A.
3. The issue is, can company A check whether I have worked during the 3-month leave? What are the other possibilities to identify this? In the worst case scenario, if they find out, will it lead to employment termination or any other issues as well? Please advise.
4. What precautionary measures should company B take to avoid conflicts?
Please let me know your thoughts on the situation.
From India, Bengaluru
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While working in some company during medical leave, you will be leaving a paper trail.
God forbid some legal issue takes place in this 3 months in new company , you will be in focus
Some employee of your company may notice you going to a new office while you were supposed to be on medical leave.
The concept is flawed ab initio.
You are providing a false excuse using medical condition to take leave, while being fit enough to work.
Ask yourself whether such actions are right?
“Many people pray to be kept out of unexpected problems. but you are inviting problems.
From India, Pune
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3251God forbid some legal issue takes place in this 3 months in new company , you will be in focus
Some employee of your company may notice you going to a new office while you were supposed to be on medical leave.
The concept is flawed ab initio.
You are providing a false excuse using medical condition to take leave, while being fit enough to work.
Ask yourself whether such actions are right?
“Many people pray to be kept out of unexpected problems. but you are inviting problems.
From India, Pune
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In the first place, I think that the pin-pricking moral laxity emanating from his/her own mind of the questioner regarding the very concept of dual employment has prompted this question.
Basically, employment of a person is a continuous process in contrast to the engagement of a person. In the case of paid employment, the process gets cemented by the lasting bond of employer-employee relationship which creates mutual obligations of legal and moral import between them. Therefore, in the realm of employment, dual employment, even if not explicitly proscribed, is not allowed by conventional implication.
The term "leave" in employment parlance means the approval or consent of the employer to permit the employee to be away from his work/place of work for a certain period on account of some personal reasons. Therefore, there is no severance in their employment relationship during such a leave of absence period notwithstanding the employee's entitlement to salary or otherwise for such a period. As such, the subsisting contract between the employer and employee automatically prohibits his simultaneous contract with another employer during his leave period even on a trial basis.
In view of the position thus explained already, I think that the last two questions deserve no answers.
From India, Salem
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Basically, employment of a person is a continuous process in contrast to the engagement of a person. In the case of paid employment, the process gets cemented by the lasting bond of employer-employee relationship which creates mutual obligations of legal and moral import between them. Therefore, in the realm of employment, dual employment, even if not explicitly proscribed, is not allowed by conventional implication.
The term "leave" in employment parlance means the approval or consent of the employer to permit the employee to be away from his work/place of work for a certain period on account of some personal reasons. Therefore, there is no severance in their employment relationship during such a leave of absence period notwithstanding the employee's entitlement to salary or otherwise for such a period. As such, the subsisting contract between the employer and employee automatically prohibits his simultaneous contract with another employer during his leave period even on a trial basis.
In view of the position thus explained already, I think that the last two questions deserve no answers.
From India, Salem
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Hi,
With the current company, I have some components that I will get if I continue in the service for 3 months. Otherwise, I will lose those components. With the new company I am joining, it is relatively new and I am not sure about the job security. In this context, I want to have a backup without any financial implications, which I am currently undergoing.
From India, Bengaluru
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With the current company, I have some components that I will get if I continue in the service for 3 months. Otherwise, I will lose those components. With the new company I am joining, it is relatively new and I am not sure about the job security. In this context, I want to have a backup without any financial implications, which I am currently undergoing.
From India, Bengaluru
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Dear colleague,
You are knowingly flouting the legal and moral obligations towards your present employer by choosing to join another company, albeit on a trial basis, under false medical pretext. You are chasing two rabbits, which can cost you your present job if they come to know of it, as double employment is usually not permitted, and many appointment letters carry a specific clause to that effect. The choice is yours.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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You are knowingly flouting the legal and moral obligations towards your present employer by choosing to join another company, albeit on a trial basis, under false medical pretext. You are chasing two rabbits, which can cost you your present job if they come to know of it, as double employment is usually not permitted, and many appointment letters carry a specific clause to that effect. The choice is yours.
Regards, Vinayak Nagarkar HR Consultant
From India, Mumbai
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As fellow members in the forum, we cannot advice how to do a wrong thing i.e double employment.
From India, Pune
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From India, Pune
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If you know that the company is new and doesn't have any statutory and compliance-related things in place, then why do you want to join? If you really want to join, then go ahead and join there. Tell your company A that you would like to have the option to return if company B does not work out. This way, you can rejoin after 3 months or so. In company B, you should focus on your job for at least 6 months and then start looking for another job, updating your resume with the experience gained at company B.
From India, Hyderabad
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From India, Hyderabad
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Dear Collegues,
There is nothing clarity in law about "Double Employment". Yes, there are reference regarding double employment' in Factories Act and Shops & Establishment Act but are contradictory.
The ‘double employment’ means holding two jobs at onetime. Many companies issued appointment letter bearing clause of double employment also kept provision under Standing Order to combat double employment,in order of violation to clause seized the job.
Some people do it in otherways after their office time and operating from own house holding a firm on name of the keen.
To make it clear just citing an example to be followed: What I rembered we terminated service a group consisting of 5 workmen, those who were working for other company either taking leave or on off hour. The dismissal case fought at all levels(labour office, tribunal, High court & finally at the Apex Court. In that case all the laws prevailing were reffered & supplemented ins spite of provision in certified standing orders. That case was won by us under the pretext of "Intelectual Property Right".
Though there is no specific law but double employment is an offense under moral torpitude.
From India, Mumbai
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There is nothing clarity in law about "Double Employment". Yes, there are reference regarding double employment' in Factories Act and Shops & Establishment Act but are contradictory.
The ‘double employment’ means holding two jobs at onetime. Many companies issued appointment letter bearing clause of double employment also kept provision under Standing Order to combat double employment,in order of violation to clause seized the job.
Some people do it in otherways after their office time and operating from own house holding a firm on name of the keen.
To make it clear just citing an example to be followed: What I rembered we terminated service a group consisting of 5 workmen, those who were working for other company either taking leave or on off hour. The dismissal case fought at all levels(labour office, tribunal, High court & finally at the Apex Court. In that case all the laws prevailing were reffered & supplemented ins spite of provision in certified standing orders. That case was won by us under the pretext of "Intelectual Property Right".
Though there is no specific law but double employment is an offense under moral torpitude.
From India, Mumbai
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Dear Prabhat,
My views on Double employment
In common terms, the term ‘double employment’ is holding two jobs. But, in terms of our labour laws, the Factories Act and the Shops and Establishments Acts of each State, govern ‘double employment’, and indicate the meanings io the term. However, funnily, the meaning of ‘double employment’ in the Factories Act differs from that contained in the Shops and Establishments Acts.
The Bombay Shops & Establishments Act: provides in section 65 that no employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave as per the Act.(old act)
Industrial Employment (standing Orders) Central Rules: Schedule I-B section 8 of central rules “A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer”.
One of the reasons behind restriction of double employment is --Man is not a machine, and working for 8 hours or more in a day cannot be continued indefinitely without health consequences.
It really is not an act of moral turpitude.
The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community.
In a poor country like ours, many workers try to do double duty to earn more.Many Guards in housing societies do double duty on same day.
It is economic deprivation which drives people to do this, rather than turpitude of mind.
From India, Pune
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My views on Double employment
In common terms, the term ‘double employment’ is holding two jobs. But, in terms of our labour laws, the Factories Act and the Shops and Establishments Acts of each State, govern ‘double employment’, and indicate the meanings io the term. However, funnily, the meaning of ‘double employment’ in the Factories Act differs from that contained in the Shops and Establishments Acts.
The Bombay Shops & Establishments Act: provides in section 65 that no employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave as per the Act.(old act)
Industrial Employment (standing Orders) Central Rules: Schedule I-B section 8 of central rules “A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer”.
One of the reasons behind restriction of double employment is --Man is not a machine, and working for 8 hours or more in a day cannot be continued indefinitely without health consequences.
It really is not an act of moral turpitude.
The word turpitude is defined as a shameful, vile, or corrupt character or acts. Moral turpitude refers to conduct that shocks the public conscience, or which does not fall within the moral standards held by the community.
In a poor country like ours, many workers try to do double duty to earn more.Many Guards in housing societies do double duty on same day.
It is economic deprivation which drives people to do this, rather than turpitude of mind.
From India, Pune
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Dear professional colleagues,
While I am generally in favor of not allowing double employment on legal, ethical, and health grounds, in certain very exceptional circumstances, such as meeting huge hospital expenses, education abroad, and marriage expenses, double employment with the consent of the current employer may be permitted. The exceptional circumstances cannot be precisely defined and must be left to the discretion of the deciding authority.
This thought is mainly prompted by observing the predicament of the poverty-stricken workers who struggle to make ends meet every day. If someone genuinely wishes to earn additional money to handle contingencies through double employment, I believe it calls for a humane approach, setting aside the legal aspects.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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While I am generally in favor of not allowing double employment on legal, ethical, and health grounds, in certain very exceptional circumstances, such as meeting huge hospital expenses, education abroad, and marriage expenses, double employment with the consent of the current employer may be permitted. The exceptional circumstances cannot be precisely defined and must be left to the discretion of the deciding authority.
This thought is mainly prompted by observing the predicament of the poverty-stricken workers who struggle to make ends meet every day. If someone genuinely wishes to earn additional money to handle contingencies through double employment, I believe it calls for a humane approach, setting aside the legal aspects.
Regards,
Vinayak Nagarkar
HR Consultant
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf