Balancing a Business and Factory Job: Can You Join the Union Executive Committee?

If a person has their own business (meat stall, grocery store, etc.) and holds a second job at a factory, can they join the union there and become an executive, or are there restrictions?

Dear Kattabomman,

I think you have combined two issues in one query. While the first one pertains to dual employment, the second one relates to an employee's union activities.

Difference between paid employment and self-employment

The basic difference between paid employment and self-employment is the disposal of the individual's time. 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, apart from other stipulated conditions. If one of the conditions is that the employee should not be employed elsewhere or involve themselves in any business activities, then certainly they cannot have any business in their name. However, running a meat stall or a small grocery shop to supplement earnings by spending leisure time cannot be taken seriously by the employer unless the employee is not regular in attendance or such an activity creates a clash of business interests.

Union activities and employee rights

Joining an employees' union is a fundamental right of an employee, and becoming an office bearer thereof is also within their union activities. As an employer, you don't have the locus standi to question this.

I endorse the valuable opinion of Learned Umakanthan Sir. In HR circles, this is referred to 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 with strongly, as per the rules. If engaging in private trade or business is 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 to 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 and Second Jobs

The Factories Act specifically prohibits a second job. Section 60 of The Factories Act, 1948, states: "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 vigor 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 Unions

The right to form a 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.