Is It Corruption When Your Boss Demands Part of Your Salary for Allowing Dual Employment?

Avinash is the manager, and Krishan works under him in the same department. Krishan is already engaged in dual employment on a full-time basis, and Avinash is aware of this arrangement. Avinash requests 60% of Krishan Sharma's salary every month, and Krishan Sharma has evidence of the fund transfer.

What would this practice be termed as? Please share your valuable suggestions.

Is this a caselet?

You are required to answer. It seems highly improbable that someone works at two places on a full-time basis. The 60% payoff is ridiculous and definitely an illegal gratification and a corrupt practice.

Dear Friend,

This practice of double employment is termed "moonlighting," which means having a second job in addition to one's regular employment.

Employment agreement and double employment

The employment agreement is the sole instrument to restrict double employment or to restrain employees from engaging in additional employment or a profession until they are under their current employer's services.

Legal provisions regarding double employment

Section 60 of the Factories Act, 1948, is the only provision that restricts double employment, and it is only applicable to factories. In our country, labor regulations broadly regulate aspects of employment related to working conditions, industrial relations, wages, welfare, and social security. Thus, Indian employment laws provide no specific provisions dealing with the legality of dual employment.

However, the management can take action against an employee for such activity.

Dear Colleague,

Both of them are engaging in acts that are "unethical" and against the law, such as the Factories Act of 1948, which prohibits "double employment." The reason is that one cannot stretch their mental/physical abilities beyond a point that would jeopardize their own health in the short run. Fatigue can lead to accidents or errors on the job, making this behavior unethical.

On the side of the manager, they exploit this situation for personal gain. This action is increasingly unethical, and the organization must address it by implementing systems like "Ethics Helplines" that operate anonymously but take serious note of such behavior. If these workplace habits persist, they will also affect the morale of other employees and lead the organization astray. If your organization's culture permits and your job is not at risk, you can report this to the most trustworthy person in the organization. However, if your organization is not supportive and revealing such matters could jeopardize your job, it may be best to wait for a more opportune moment. Eventually, the truth will come to light as per the powerful "natural law" at the right time.

All the Best, God Bless,

Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu