PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Kuldeep Kumar Chauhan
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hr-mayurUnder 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
sam-web-studioyes, definitely you can work on both companies. In US/Uk people are doing 3 shifts of 6hrs each.
From India, New Delhi
ganesh-bhuwadIncome 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
Kuldeep Kumar ChauhanDear Mmeber, Mr. Mayur has dealt the issue really at length and thoroughly. Nothing more can be added except that as your yourself has apprehended about PF compliance eon same UAN No. from tow different employers in the same period. Dual employment was not a an expected/ envisaged situation by law maker as one would have secured one job with lot of difficulties. Also from productivity angle, it is not favoring to employer for allowing such cases. Restriction on dual employment has been a commonly accepted norm even not otherwise provided in terms of employment . So pleas you may not recourse to this.
From India, Lucknow