Can You Legally Attend Job Interviews While Working for Another Company in India?

Is there any law in India prohibiting attending interviews while you are on duty in other organizations?

Legal Implications of Attending Interviews While Employed
As an HR professional, it's important to be aware of the legal implications surrounding attending interviews while being employed by another organization. In India, there may be specific regulations or company policies that address this situation. It's advisable to consult legal experts or refer to employment laws to ensure compliance and avoid any potential conflicts of interest.

Dear Om Chinmay,

Employees are paid for the duties they perform during working hours. They are expected to discharge their duties faithfully and diligently while at work and to spend their time in the interest of the company. Attending an interview while on duty does not serve the interests of the company; therefore, it is an act of impropriety.

How to Determine if an Employee Attended an Interview While on Duty

However, how does someone come to know if an employee attended an interview while on duty? Is there material evidence to support this? Upon discovering that an employee attended an interview, was the employee asked to provide a written statement? If so, did the employee admit to attending the interview? Material evidence is necessary to initiate disciplinary action; actions cannot be based solely on hearsay.

Initiating Disciplinary Action

When it comes to initiating disciplinary action, you must have approved and certified standing orders that clearly define what constitutes misconduct. If acts of impropriety are not defined in the list of misconduct, disciplinary action cannot be taken as per the standing orders.

If standing orders do not cover this, consider the contents of the appointment letter. Does the appointment letter include a code of conduct that outlines expectations such as "working in the interest of the company," "working faithfully," or "breach of trust"? If so, disciplinary action can be taken based on the clauses in the appointment letter.

Procedure for Disciplinary Action

If there is material evidence of misconduct, issue a show-cause notice to the employee and provide an opportunity for them to explain their actions. If the explanation is unsatisfactory or no response is received, your company has the right to initiate disciplinary action, which may result in the employee being asked to resign. When communicating this decision, ensure that the conversation is not recorded, and it should appear as a standard separation from the company.

Thank you,
Dinesh Divekar

While at work, attending interviews is a plainly unethical practice. If you are being paid for an 8-hour workday, wasting time and not focusing on the job at hand is considered unethical. Imagine for a moment that you are running a company. One of your employees informs his Team Lead that he is visiting a prospective customer in another part of town. However, he ends up in your competitor's office to attend an interview. You come to know of it the next day through another person or an employee. What will be your reaction at that moment? Just think it over!

Best wishes

Attending an interview at another company during the normal working hours of your current employer is unethical and can create disciplinary problems for the employee. An employee can take leave and then attend an interview; there is nothing wrong with that. While on duty, you are expected to work for the company that pays you. Attending an interview during work hours is morally and ethically wrong.

Hi,

There are altogether different practices in the public sector and private sector regarding attending interviews in other companies while on duty. In the government/public sector, clear guidelines exist where employees must apply through the proper channel for outside employment. Their release upon final selection is determined by the terms of their employment. If the application is not routed through the proper channel or if prior permission is not obtained, or if permission is denied for outside employment, such actions by the employee are considered misconduct under Conduct, Discipline & Appeal Rules. Appropriate action may be taken as per the rules.

In the private sector, some companies have their own rules/guidelines to regulate the forwarding of applications for outside employment. However, the majority of private companies do not encourage their employees to seek employment elsewhere. Consequently, employees often apply directly for outside employment without the knowledge or consent of their employer. Upon selection, they simply tender their resignation by providing the prescribed notice period as per their terms of employment.

Returning to the issue of attending interviews while on duty, employees typically take a day off for various reasons without disclosing the true purpose of attending the interview to avoid any potential embarrassment or conflict of interest.

JSM

No such law exists to prohibit one from attending or facing an interview. However, one cannot attend an interview while on duty. It is misconduct if one does so while on duty, and for this act, the employee can be liable for punishment as per the laid-down policy of the establishment.

You can take leave to attend the interview.

No such law exists to prohibit someone from attending or facing an interview. However, one cannot attend an interview while on duty and clocking in attendance. Doing so would be considered misconduct during duty hours, and the employee may be subject to punishment as per the establishment's policy.

If an individual desires to attend an interview, they can take leave to do so.

No one can restrict you from attending an interview, and there is no law in India that can prohibit you from attending an interview.

A law or act would not state this clearly. However, these actions are unethical and will undoubtedly be viewed as misconduct. If management has the necessary evidence to prove the misconduct, they have the power to take disciplinary action.

There is no specific law in India that prohibits attending job interviews while working for another organization. However, the actions of an employee while on duty can impact their current employer, and some employers may have policies or contracts that prohibit employees from engaging in job searches or interviews during work hours.

It is always advisable to review your employment contract or company policy to determine if there are any restrictions on attending job interviews while on the job. Additionally, it's important to consider whether attending a job interview during work hours may negatively impact your performance or responsibilities at your current job. In general, it is best to be transparent with your current employer about your job search and to seek permission before taking time off for a job interview, if possible.