My co is a pvt. ltd. Co. No hr policy has been created and and circulated till now. Can I terminate someone for dual employment.
From India, Ghaziabad
Manager Hr
Director Hr
Recruitment/talent Acquisition, Career Counselling
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Private Consultant On Labour Laws
+1 Other


Hi Gagan,
As I can understand from your post that there is no policy framed for any thing.
1. Just a query, do you give appointment letter at the time of joining?
2. If yes, then is their any clause mentioned regarding dual employment or confidentiality?
3. If not, then what is process at the time of joining?
after this answers I can better help you out on this situation.

From India, Delhi
No appointment letter is given only offer cum appointment letter given where there is no clause mentioned regarding dual employment
From India, Ghaziabad
Raj Kumar Hansdah

Dear Gagan
On what basis you wish to terminate the services of the employee ?
You do not have any documentation of your Terms and conditions.
Moreover, what do you mean by Dual Employment ??
If an employee is taking tuitions in the evening, does it constitutes dual employment?
What if the employee is sitting at night in the shop of his brother. Does it constitutes dual employment ?
You have to be specific.
You have to mention, what constitutes a dual employment, in your terms and conditions, so that an employee can avoid it.
Your intent seems more on TERMINATING the employee, rather than any performance issues.
How is your relationship as HR with the employee ?
What are thee feedback on him with respect to his performance and behaviour ?

From India, Delhi

Dear Gagan,
At this point of time the best according to me is you to talk to the employee share the concerns of the employee and the company, understand the reason for the employee as to why is he working in a different place apart from working in your company.
After the discussion may be then you can come up with a solution or an alternative.
Also based on the discussion you can also come up with the rewards and the reinforcements to a certain set of employees,
You can try this out and let us know if it worked or not.
Thanks & Regards
Amit Jadhav

From India, Thane

Hello Gagan,
To add to the queries raised by Raj Kumar, it would be better & useful IF you give more details about your Company also--like how many employees, what's the activity, etc.
Even a couple of employees can make a Private Limited company--so that doesn't really mean anything w.r.t. such issues.

From India, Hyderabad

Hi Gagan,
I have gone through the ongoing discussion on the subject with much interest.What it transpires from the discussions of the members that you have no locus standi to terminate his services,when no condition of service is attached to his placement on the job.If your work is not affected by his working somewhere else, it should not be a matter of concern.If the individual's working is affecting your business (performance wise) and your business secrets are divulged outside by him, then of course it is a matter of concern and you can initiate action against him.
BS Kalsi
Member since Aug 2011

From India, Mumbai

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