Hi all,
Could you please help me to confirm if I can work for two companies at the same time? I have received offers from two companies; one operates during the daytime, and the other during the nighttime. I am comfortable working for both as, during the lockdown, both companies provide the option to work from home.
Is it legal to work for both simultaneously? Will there be any issues? I am unsure if there will be any problems, as I believe they may use the same UAN number for both positions. Please advise if it is permissible for me to work for both companies at once.
Thank you.
From India, Lucknow
Acknowledge(0)
Amend(0)
Could you please help me to confirm if I can work for two companies at the same time? I have received offers from two companies; one operates during the daytime, and the other during the nighttime. I am comfortable working for both as, during the lockdown, both companies provide the option to work from home.
Is it legal to work for both simultaneously? Will there be any issues? I am unsure if there will be any problems, as I believe they may use the same UAN number for both positions. Please advise if it is permissible for me to work for both companies at once.
Thank you.
From India, Lucknow
Acknowledge(0)Amend(0)
Under the employment law in India, there is no specific provision that talks about the legality of dual employment in India. Section 60 of the Factories Act, 1948 talks about the restriction on double employment in India, on people working in factories. The provision states that no adult worker is allowed to work in a factory when they are already working in another factory.
The law, however, is not applicable to all institutions, as not every organization falls within the meaning of the factory under the Factories Act, 1948. Organizations that are not covered by the Factories Act must specify the stipulation related to double employment by way of the dual employment clause in the appointment letter or employee’s agreement or offer letter. The employment agreement must state what restrictions have been placed on double employment and that the employee is prohibited from engaging in additional employment or profession till they’re under their current employer’s services. That means that an employee can not take up dual jobs.
In addition, the various state-wise Shop and Establishment Acts applicable to establishments not covered by the Factories Act lay down provisions regarding dual employment in India in the same institution. For instance, the Delhi Shops and Establishment Act states that an employee cannot work in an establishment or factory in excess of their lawful employment period.
Double employment meaning under Shops and Establishment employment laws in India differs as they regulate the working of an employee in the same establishment after the working hours. However, both the Factories Act and Shops and Establishment laws can be applied to prevent employees from taking up double jobs.
Section 8 under Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946 states that a workman cannot work against the interest of an industrial establishment by taking dual employment in addition to their existing job. Different Indian courts have also held that termination of employment rules in India which states that termination of an employee who has taken up double employment, is valid as having dual jobs affects efficiency and productivity of the employee, who fails to provide 100% efforts to their job.
The Punjab and Haryana High Court in 2016 held that terminating the employment of a driver who was engaged in double employments was completely valid. Similarly, in 2012, the Madras High Court held termination of a Grade III operator to be valid when he was found to be employed as a director of another company. The courts have to take every aspect of dual employment individually to decide the validity of employee termination policy on such grounds.
The punishment for dual employment in India has not been specifically stated in the dual employment of Indian law. Through the various judicial pronouncements, it can be concluded that the consequences of dual employment in India are the termination of the employee having dual jobs.
From India, Surat
Acknowledge(0)Amend(0)
13The law, however, is not applicable to all institutions, as not every organization falls within the meaning of the factory under the Factories Act, 1948. Organizations that are not covered by the Factories Act must specify the stipulation related to double employment by way of the dual employment clause in the appointment letter or employee’s agreement or offer letter. The employment agreement must state what restrictions have been placed on double employment and that the employee is prohibited from engaging in additional employment or profession till they’re under their current employer’s services. That means that an employee can not take up dual jobs.
In addition, the various state-wise Shop and Establishment Acts applicable to establishments not covered by the Factories Act lay down provisions regarding dual employment in India in the same institution. For instance, the Delhi Shops and Establishment Act states that an employee cannot work in an establishment or factory in excess of their lawful employment period.
Double employment meaning under Shops and Establishment employment laws in India differs as they regulate the working of an employee in the same establishment after the working hours. However, both the Factories Act and Shops and Establishment laws can be applied to prevent employees from taking up double jobs.
Section 8 under Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946 states that a workman cannot work against the interest of an industrial establishment by taking dual employment in addition to their existing job. Different Indian courts have also held that termination of employment rules in India which states that termination of an employee who has taken up double employment, is valid as having dual jobs affects efficiency and productivity of the employee, who fails to provide 100% efforts to their job.
The Punjab and Haryana High Court in 2016 held that terminating the employment of a driver who was engaged in double employments was completely valid. Similarly, in 2012, the Madras High Court held termination of a Grade III operator to be valid when he was found to be employed as a director of another company. The courts have to take every aspect of dual employment individually to decide the validity of employee termination policy on such grounds.
The punishment for dual employment in India has not been specifically stated in the dual employment of Indian law. Through the various judicial pronouncements, it can be concluded that the consequences of dual employment in India are the termination of the employee having dual jobs.
From India, Surat
Acknowledge(0)Amend(0)
yes, definitely you can work on both companies. In US/Uk people are doing 3 shifts of 6hrs each.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Income tax department me 20 Day lagate hai Daily wages ka aur usme contrater bhi kuch nahi batate hai aur income tax officer bhi kuch action nahi lete hai
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Dear Member,
Mr. Mayur has dealt with the issue thoroughly and at length. Nothing more can be added except that, as you have apprehended, there is a concern regarding PF compliance with the same UAN No. from two different employers in the same period. Dual employment was not an expected or envisaged situation by lawmakers, as one would have secured a job with great difficulties. From a productivity standpoint, it is not favorable for employers to allow such cases. Restriction on dual employment has been a commonly accepted norm, even if not explicitly provided for in terms of employment. Therefore, please refrain from pursuing this further.
From India, Lucknow
Acknowledge(0)Amend(0)
Mr. Mayur has dealt with the issue thoroughly and at length. Nothing more can be added except that, as you have apprehended, there is a concern regarding PF compliance with the same UAN No. from two different employers in the same period. Dual employment was not an expected or envisaged situation by lawmakers, as one would have secured a job with great difficulties. From a productivity standpoint, it is not favorable for employers to allow such cases. Restriction on dual employment has been a commonly accepted norm, even if not explicitly provided for in terms of employment. Therefore, please refrain from pursuing this further.
From India, Lucknow
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Supreme Court of India.Employmen t & Reinstatement.d ocx
Labour and Employment Laws of India.pdf