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.
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.
From India, Hyderabad
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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.
From India, Hyderabad
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There is no such global rule that husband and wife cannot work in the same organisation. Whether you can legally compel company to give him a job is doubtful.
From India, Pune
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3180From India, Pune
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Hi Bhavani,
In most of the IT companies, it's possible that husband and wife can work in the same office and there's no corporate policy against this. I have seen many of them. However, when it comes to employment opportunities for family members, few organizations define the limitations to it. For instance, there shouldn't be a direct reporting hierarchy (wife reporting to husband, vice versa) or any other impact that the business shouldn't face because of employment opportunities for family members. If your company has any such policy, ask for it and refer to the same for clarification. Further, the HOD is responsible for delivery, and HR shouldn't deny the suitable candidate referred by the HOD. If the HOD is keen on getting your husband on-roll, they can approach the management rather than the legal way. As your husband's job is a contract job, they can simply end the employment once the contract period ends.
Regards,
Thiyagu
From India, Bengaluru
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In most of the IT companies, it's possible that husband and wife can work in the same office and there's no corporate policy against this. I have seen many of them. However, when it comes to employment opportunities for family members, few organizations define the limitations to it. For instance, there shouldn't be a direct reporting hierarchy (wife reporting to husband, vice versa) or any other impact that the business shouldn't face because of employment opportunities for family members. If your company has any such policy, ask for it and refer to the same for clarification. Further, the HOD is responsible for delivery, and HR shouldn't deny the suitable candidate referred by the HOD. If the HOD is keen on getting your husband on-roll, they can approach the management rather than the legal way. As your husband's job is a contract job, they can simply end the employment once the contract period ends.
Regards,
Thiyagu
From India, Bengaluru
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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.
From India, Mumbai
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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.
From India, Mumbai
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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
From Pakistan, Karachi
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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
From Pakistan, Karachi
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hi all, thanks for sharing information.we asked to show that ruless.. hr telling i cannot show all rules to you. now how can we approach legally against him. please post your ideas. thanking you.
From India, Hyderabad
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From India, Hyderabad
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You can reach the Manager of your HR or Company Heads, If still you have any problem from them proceed legally as per LO.Labor officer (LO) and explain the situation to him and go further.
From India, Hyderabad
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From India, Hyderabad
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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
From India, Mumbai
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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
From India, Mumbai
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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
From India, Mumbai
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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
From India, Mumbai
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Dear Bhavani,
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 his/her 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 THE BOOK GOVERNING THE RULES OF THE COMPANY. Everything is spelled out clearly in black and white.
Smile, Bhavani.
Regards, Arif ur Rehman.
From Pakistan, Karachi
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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 his/her 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 THE BOOK GOVERNING THE RULES OF THE COMPANY. Everything is spelled out clearly in black and white.
Smile, Bhavani.
Regards, Arif ur Rehman.
From Pakistan, Karachi
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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
From India, Thane
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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
From India, Thane
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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
From India, Mumbai
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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
From India, Mumbai
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Only one aspect which I want to highlight here regarding both spouses working in the same organization. If they happen to work under the same roof, sometimes, colleagues passing comments against any of the spouses within the earshot of the other spouse, or talking ill about the other spouse, or reward/punishment meted out to the other spouse, etc., may sometimes cause inconvenience to either of them. Other than this, I do not foresee any rule or regulation forbidding both of them working together in the same organization.
Best wishes
From India, Bengaluru
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Best wishes
From India, Bengaluru
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Company Car Policy.doc