- Can we work as a freelancer over the weekend/after office hours along with full-time employment in India? If yes, do we need to inform the employer regarding the same? Is there a specific term in the employment letter which restricts us from doing so? Please help me understand the legal part of this activity.

Thanks & Regards, Dipesh Prabhakar Team Lead - Talent Acquisition

From Ghana, Kumasi
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GK7
6

Good Morning, Mr. Dipesh,

It's tricky to answer as it involves legal and ethical aspects. I don't think Indian companies or organizations are allowed to work in this format, but I don't know if the same situation will continue in the future. Things may take a different shape in a changing world, especially in the professional domain.

Not informing your full-time employer about your part-time work is not right from an ethical point of view. It also hampers your professional pursuits. Your employer may get offended, fire you, and communicate negatively tomorrow when BCG happens.

If your part-time assignments are on weekly offs or holidays, I don't think they fall within the purview of full-time job commitments.

I suggest you discuss with your employer about the opportunity in terms of knowledge upgradation and better exposure.

All the best.

From India, Hyderabad
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Dear GK7,

I appreciate your prompt reply. I agree with your mentioned points. Being an HR professional, I am always curious to understand both the legal and moral aspects of any work (full-time or part-time) that may affect an individual or their organization. I need further inputs on this, considering the points below. Once these points are clear, I will be able to draft some policies related to this.

- If an employee does freelancing work without using resources provided by their current organization, on weekends or after working hours, should we treat it as unethical?
- What if there is no clause in the offer/joining letter related to this? Is the employee still not permitted to do freelancing?

Thank you for your assistance in clarifying these matters.

Best regards,
[Your Name]

From Ghana, Kumasi
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There certainly is no law on this except in the service rules governing those in public service. The posting also suggests that the employment contract is silent. As such, the employee is not barred from spending his spare time in his best judgment as long as such activities do not entail a conflict of interest with the business objectives of the employer. Additionally, these activities should not adversely affect his devotion to duty and his performance.
From India, Kochi
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GK7
6

Dear Dipesh,

Working in organizations, one needs to follow certain unwritten rules. According to your point, if nothing is written in the appointment letter specifying the above point, legally you are free to work part-time.

But, in India, not everybody allows working part-time. Do you then raise legal aspects with your employer? We cannot. Be pragmatic, brother.

From India, Hyderabad
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