Is There Really a Rule Against Spouses Working Together? Seeking Legal Guidance on Our Situation

We are working at an automotive company in Hyderabad. Both my husband and I work in the same company. I am a company staff member, and he is in a contract role in different departments. My husband's Head of Department wants to transition him to a company role, but my company's HR department does not allow him to join as a company staff. They mention a global rule that prohibits both spouses from working in the same organization. They insist that there is no possibility of hiring him as a company staff member. Additionally, they are subjecting us to symbolic work pressure and suggesting that one of us resign soon.

Inquiry on Spousal Employment Rules

Please advise if there is indeed a global or government rule that prevents spouses from working in the same organization. If such a rule exists, kindly share the relevant details. If not, how should we proceed legally in this situation? Your prompt guidance would be greatly appreciated.

There is no such global rule that a husband and wife cannot work in the same organization. Whether you can legally compel the company to give him a job is doubtful.

In most IT companies, it's possible for a husband and wife to work in the same office, and there's no corporate policy against this. I have seen many such cases. However, when it comes to employment opportunities for family members, some organizations define limitations. For instance, there shouldn't be a direct reporting hierarchy (e.g., wife reporting to husband, or vice versa) or any other impact on the business due to employment opportunities for family members. If your company has any such policy, ask for it and refer to it for clarification.

Further, the Head of Department (HOD) is responsible for delivery, and HR shouldn't deny a suitable candidate referred by the HOD. If the HOD is keen on getting your husband on the payroll, they can approach the management rather than taking a legal route. As your husband's job is a contract job, they can simply end the employment once the contract period ends.

Regards,
Thiyagu

Dear Bhavani,

There is no such rule; rather, this is a mindset created by your HR. You should ask your HR to show which rules in our country prevent the employment of husbands and wives in the same organization. You need to check whether your establishment has any such policy in place. Furthermore, we are not governed by any global rule but by the Acts and rules of this country.

Dear Bhavani Behan, there is no corporate or business law anywhere across the globe that disallows a husband and wife to work together. There can be intimate companions (a man and a woman) though not legally married, living together—would any law bar them from working in the same organization? What we need to remember is that at work, their roles would be professional, 'nuptial intimacy or congress' would be out, and they would be performing their job roles to the limits of their expertise and commitment. Like any other members in the group, they would be colleagues. Smile Bhavani, your husband can continue working in the same company.

Regards, Arif ur Rehman

Hi all,

Thank you for sharing information. We have asked to see the rules, but HR is telling us that they cannot show all the rules to us. Now, how can we legally approach this issue against them? Please post your ideas.

Thank you.

You can reach the Manager of your HR or Company Heads. If you still have any problems with them, proceed legally as per the Labor Officer (LO). Explain the situation to him and go further.

Valid inputs from seniors: There is no law or standing order prohibiting spouses from working in the same organization. However, there may be a corporate policy that both should not work in the same section, report to each other, or report to the same authority, as Thiagua mentioned, for reasons of confidentiality or fairness in performance evaluations, etc.

Secondly, referring to a global rule is a vague response, and no such rule is enforceable in India unless permitted by Indian laws.

B. Saikumar Navi Mumbai

Dear colleague,

If one spouse is permitted to work on a contract basis in the same company where the other partner is also employed, then why not as a permanent employee on the company's payroll? It does not seem logical in the absence of a global ban or law.

Regards,
Vinayak Nagarkar
HR Consultant

Access to Organizational Statutes

Access to the organizational statutes—the laws governing the company—that include all elements concerning your job vis-a-vis the organization is your legal right. A copy of this document must be provided to each employee at the time of their appointment. It also includes terms and conditions for situations like your present issue.

As an employee, Bhavani, you must have a copy of the statute. The HR or management cannot refuse to provide you with the book governing the rules of the company. Everything is spelled out clearly in black and white.

Smile, Bhavani.

Regards, Arif ur Rehman.

Dear Friend,

Your question has been answered above; I am just adding my inputs and observations:

1. Husband and wife do not work in the same department.
2. They should not report to the same supervisor.
3. The wife shall not report to the husband, or vice versa.

Warm Regards,
Bharat Gera
HR Consultant
9322404765

Dear colleagues,

So far, nobody has quoted actual provisions of law in India that prevent the employment of a husband and wife in the same company. I am not aware of one. What is being discussed is practice in this regard. Bhavana should insist in writing on having a copy of the rule from HR, and if it is still refused, then escalate the matter to higher decision-making authority.

Regards, Vinayak Nagarkar HR Consultant

Considerations for Spouses Working in the Same Organization

One aspect I want to highlight regarding both spouses working in the same organization is the potential for inconvenience. If they happen to work under the same roof, sometimes colleagues may pass comments against one of the spouses within earshot of the other, talk negatively about them, or there may be issues related to rewards or punishments meted out to one spouse. These situations can cause discomfort to either of them. Other than this, I do not foresee any rule or regulation forbidding both of them from working together in the same organization.

Best wishes