Industrial Relations
Administration & Liaisoning Head
Ministry Of Labour And Employment. Government
Ir, Recruitment, Statuatory
+1 Other

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Can a person be a employee and a independent contractor at the same time in same company what is legal issues come for offering to do contract jobs with manpower our what i do
From India, Hyderabad
if he is workmen, then as per factories Act, there is restriction of double employment. As far as employee is concerned, it depends upon the Policy of the organization. Generally, it is clearly stated in the appointment letter that during the tenure with the company, a person cannot taken alternate employment. Again I would say, it differs from company to company.

From India, Mumbai
If a person is employee and comes under the terms of employment cant be a contractor and if he is doing the same or found with another engagement can experience legal complications and Employer can take action again the employee.
From India, Gurgaon
no its not possible , at the same time one person cannot be enrolled in two registers as contractual employee and in other case a permanent employee..
Either he have to be deemed as contractual or permanent employee to the principal employer. nexus of two relation with employer at the same time cannot exist in an engagement of employment..

From India, Calcutta
Dear Mahesh
An employee cannot be an independent contractor in the same company where he works. Because there are chances of doing some mal-practices in day to day company affairs. If the employee concentrates in his contract work then he cannot do his office work.
Further please explain the following questions arose here.
How your company has awarded the contract to an employee?
Is this practice acceptable in your company?
What is the percentage of profit given to him in supplying the manpower?
How many persons he has engaged in your company?
Is there any problem in your company to engage the manpower directly in your rolls?
Have you spoken about this issue in your company?
If so, then what is the management's stand on this?

From India, Kumbakonam
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