Dinesh Divekar
Business Mentor, Consultant And Trainer
+1 Other

Hello Everyone,
I am looking for a policy document:
Allowing to do freelance while doing a full time job in any private sector with certain terms and conditions.
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Dear friend,
Your query is incomplete. Please confirm what is your background, your designation, nature of your industry. Secondly, you have not written whether the query is from the employer point of view or employee point of view. Thirdly, what kind of job freelancer wanted to do? Will freelancer take up completely different job or he/she might work for even competitor also?
Most of the companies impose ban on employees to take up any job, whether regular or as freelancer, beyond their employment. Clause to this effect is inserted in the appointment letter. Your query is contrary to this clause. Please confirm why you felt need to do so.
Dinesh Divekar
Hello Dinesh,
Thank you for the reply.
I am working as HR ((complete) in IT Services(start-up) company.
I am looking for this document from employer point of view.
The freelancing work includes coding related work i.e. complete technical work.
I am aware that some companies don't allow their employees to do freelancing because of some security issues. But if any company wants to allow, what would be the complete terms and conditions which need to get it signed by the employer. Please let me know if you need any more clarification regarding the question.
Dear friend,
If your company is accommodative of the freelancing by the employees, then you may insert a clause to this effect in the appointment letter. Nevertheless, permission to take up work out of working hours cannot be absolute and it will have some limitation. The limitations could be on account of disclosure of work-related information and impingement of the primary job arising out of freelancing. Secondly, employee concerned must declare where will work or could work, what type of job he/she will do. Your company should reserve the right to grant the permission.
Dinesh Divekar
How will the company supervise the off time work of employees?
It introduces a complexity in work which is avoidable.
Proving that an employee used or did not use expertise gained by working on products/coding of company was used in free lancing are aspects which need deep consideration.
What is the back ground for allowing freelancing by employees?
If employee is going to be busy during non working hours also working,what will the impact on his health and company work?
Company has to think twice before getting into this policy however well designed.
The idea of allowing the employees to take up additional jobs as freelancers is good, giving them extra edge of financial empowerment. However, as expressed the above limitations , I have few points that you may consider while drafting the Policy;
- category of jobs to be taken up as freelancers
- disclosure of the jobs to be undertaken with the duration and amount
- what to be called anti-breach of office information with examples and its legal implications
- New idea: some % of freelancing income to be donated to some list of NGOs authorised by you/office in the form of cheque
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