PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Labour Law & Hr Consultant
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I think you have clubbed two issues in one query.
While the first one pertains to dual employment, the second one relates to an employee's union activities.
The basic difference between paid employment and self employment is the disposal of the time of the individual concerned. In paid employment , a contract is created between the employer and the employee whereby the employee is at the disposal of the employer for a predetermined period of time, apart from other conditions stipulated. If one of the conditions is that the employee should not be employed elsewhere or involve himself any business activities, certainly he cannot have any business in his name. But running a meat stall or a small grocery shop to supplement his earnings by spending his leisure time cannot be taken seriously by the employer unless the employee is not regular in his attendance or such an activity creates clash of some business interests.
Joining an employees' union is a fundamental right of an employee and becoming an office bearer thereof is also within his union activities. As employer, you don't have the locus standi to question this
From India, Salem
KK!HRI endorse the valuable opinion of Learned Umakanthan Sir.
In HR circles, this is referred as Moonlighting, i.e. the act of working at an extra job, especially without telling your main employer, this is definitely an unhealthy practice and has to be dealt strongly, as per the rules. If engaging in private trade or business is a misconduct, then the employee can be booked under that. Otherwise there may be a general clause that the employee is expected to devote full time and energy for the employer's business. If there is none, act fast and introduce one such rule. If the employee still persists in his second job, then action is to be taken.
Factories Act specifically prohibits a second job. Section 60 of The Factories Act, 1948. puts it as follows. "Restriction on double employment. —No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed."
A second job robs an employee of his vigour and enthusiasm as is required and double botheration means the employee is unable to put in the required effort which one is capable of. Riding on two boats is always dangerous, as the saying goes.
Right to form trade union or become a member or an office bearer is a fundamental right guaranteed under Article 19(1)(c) of the Constitution and hence it cannot be taken away.
From India, Mumbai