KK!HRIs this a caselet, you are required to answer. It looks totally improbable that one works at two places on full time basis. The 60% payoff is ridiculous and definitely is an illegal gratification and is a corrupt practice,
From India, Mumbai
PRABHAT RANJAN MOHANTYDear Friend,
This practice of double employment is termed as "Moonlighting, which means, have a second job in addition to one's regular employment.
The employment agreement is the sole instrument to restrict double employment or to restrain employee from engaging in additional employment or profession till they're under their current employer's services.
The Section 60 of Factories Act,1948 is the only provision that restricts double employment, which is only applicable to factories. In our country the labour regulations broadly regulate the aspects of employment relating to; Working conditions, Industrial relations, Wage, Welfare, and Social security. Thus the Indian employment laws provide no specific provisions dealing with the legality of dual employment.
Still the management can take action against employee for such activity.
From India, Mumbai
Both of them are doing act which is " unethical" and against Law like Factories Act 1948 which bars " Double employment" The reason is one can not stretch his mental / physical abilities beyond a point which will hamper his own health in the short run. In case of fatigue that will lead to accident or error on his job. This itself is unethical.
On the side of the Manager, he exploits this and gains for his personal benefits. This act is more and more unethical which the organization has to curb by establishing systems like " Ethics Help lines" which operates anonymous but takes serious not of such acts. If this type of work place habits continues, then it will affect the morale of other employees also and take the organization to a derailed path. If your organization culture allows and your job will not be at stake, then this can be informed to the top most genuine / reliable person in the organization. If your organization is not conducive and if it is predicted that your job will be at stake in the event of disclosing such matters, then wait for some time for a good time to come and then this will come automatically to the light as " natural law" which is powerful will always work at the right time.
All the Best God Bless,
Doctor Siva Global HR
From India, Chennai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.