Is It Legal to Work Two Jobs Without Benefits? Navigating Dual Employment Rules

If one person is working in 2 companies, it's against the law if they are getting all statutory benefits. For example, Mr. X is working in one company and receiving all statutory benefits like PF, ESI, etc. Can the same person work in another company as an intern, contractor, or part-time job without any statutory benefits? If yes, please let me know what criteria should be considered to employ him. If there are any relevant documents, kindly share them with me.

Double employment means holding two jobs

The Factories Act defines "double employment" as working in a factory on the same day on which the worker has already worked in another factory. Section 60 of the Act effectively provides that no adult worker shall be required or allowed to engage in such double employment, except in prescribed circumstances (to be prescribed by each State Government). The language of the section imposes a duty on the employer, or in the case of a factory, the occupier and manager, to ensure that there is no double employment.

The Bombay Shops and Establishments Act, 1948, provides in Section 65 that no employee shall work in any establishment, nor shall any employer permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave as per the Act. (This Act is now amended to read as the Maharashtra Shops and Establishment Act 2017).

What is the position of the employee you are referring to in the context of double employment? Most companies do not accept a full-time employee working in two places simultaneously.

Thank you for the response. With the current employer's notice, if a person is working in another company as an intern, is it fine?

If the current employer only wants the employee to work as an intern in another company, is that fine?