Hello all,
I am working with an ITES company and main work is data conversion. We have certain employees who are also working as freelancers for doing Data conversion . I want to know whether Dual employment is valid since out of the four locations/offices the company has, such practice is prevelant only at one of the offices.
Also would like to know what rate of TAX needs to be deducted on freelancers income as well as Salary income for the same employee since as of now we are deducting 10% u/s 194 J for Freelancer income and for salary income as per income tax slab .
Kindly share your expert and legal opinion on the above matter.
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I couldn't understand why Dual Employment is acceptable . Is your employer not paying those employees well ?
They are free lancing beyond working hours. Are they working for the same client ?
I couldn't understand how you can deduct taxes for what they are earning beyond the job.
Please help me understand .
Hi (Cite Contribution),

Even I have pointed out this to our management regarding Dual Employment is not acceptable but still the same is going on.

The company is deducting taxes for what they are earning beyond their job is due to Professional services they are providing as Freelancers and raising an invoice on the company for which company need to deduct tax under section 194J as professional fees payment is being made.

Employees working as freelancers are getting paid as per their grades and qualification. Some employees are earning around Rs 40,000.00 + due to their grade and they also raise an invoice for Data conversion as freelancers.

I want to present the management the consequences of DUAL employment and the penalty or other legal action which can be taken against the company/management.

Also it is very difficult to say that they are freelancing beyond working hours. It is quite possible that they might be doing the freelancing work within working hours only with the help of some senior manager which was not know till now. I have blown whistle for the same.

Rs 3660 ( freelancing income )



21586.00 Salary for May

Rs 1900 freelancing income



25646.00 Salary for May

Rs 4580 freelancing income



40870.00 Salary for May

Rs 2940 freelancing income



37014.00 Salary for May

Rs 1880 freelancing income



13315.00 Salary for May

Rs 1860 freelancing income



10908.00 Salary for May

Rs 1492 freelancing income



42473.00 Salary for May

The above are just few examples

Please switch to the anonymous mode. This data looks sensitive . I ave edited the names from your post, to ensure privacy. Thankyou for considering my request .
Hi (Cite Contribution),
I generally use the references received in my personal email form cite HR. I am just using this for the first time hence I do not know how to switch to Anonymous mode.
Hi (Cite Contribution),
Will it possible for you or some other senior member to have word directly with me in this regard since one of my senior has asked me to know what consequences company may face if the TOP management comes to know the Dual employment since our parent company is in US and they are very strict regarding Dual employment.
We want to close this chapter silently and legally.
Hi (Cite Contribution), Awaiting your revert on the previous thread. Could you kindly guide on the same. Regards Hemal.
I have been talking to many legal experts about this. Can you drop me an email at my name.surname@gmail ?
I need to connect you to someone really senior , but cannot share its whom .
Will take it ahead in our emails.
Thankyou !
Hi (Cite Contribution), I will mail you from my personal id on your email id regarding the above mentioned issue. Regards
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