Is It Legal to Have Dual Employment in India? Understanding the Rules and Conditions

Hi all, I wanted to check if it is permissible under Indian law to have dual employment. Even though the appointment letters issued by the company state:

"Full-Time Employment Clause

Your position is a full-time employment with the company, and you shall devote yourself exclusively to the business of the company. You will not take up any other work for remuneration (part-time or otherwise) or work in an advisory capacity or be interested directly or indirectly (except as a shareholder or debenture holder) in any other trade or business during your employment with the company without the written permission of a full-time director of the company."

I also wanted to know if someone wants to take up additional employment (maybe as a consultant), is it permissible? If yes, what are the conditions to be fulfilled by the employee in such a situation? Or what steps should an employer take in such a scenario?

Regards, C J Patel [Email Removed For Privacy Reasons]

There is no law that prevents dual employment, but violation of company policy is eligible for prosecution. Once you sign the offer letter with such a condition, you will be bound by the clauses, and you shall not breach the employment contract. If you want to take up any consultancy in your name, you can approach the company you work with and ask for a no objection letter, which the company may consider giving.

Dear Patel,

Individuals can have more than one employment at a time, but it should not violate the employment contract mentioned in the contracts provided by the employers.

Example of Dual Employment

For example, if we hire a visiting consultant, they may seek other employment at the same time, but it should be specified in the employment contract. A confidentiality agreement should be in place, similar to professors and doctors.

Full-Time Employment and Breach of Contract

If an employee is under full-time employment and, without written permission from the employer, seeks other employment at the same time, it will be considered a breach of contract. The employer is liable to take legal action, which may result in penalties or even dismissal.

Regards