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It would be much appreciated if you could help me out on the consultancy over the Employer rules. Is it possible to work in two organization at the same time on full time. The scenarios for working in two organization: • Scenario 1: Both companies are in India • Scenario 2: One company is in India and another is in Outside of India • Scenario 3: Take 6 months of unpaid leave from one company and work for another company. Kindly let me know your inputs so that I could get know the corporate policies.

No, it is not possible to work in two organisations on empolyment basis as employee be it part time or full time. However, this rule does not apply on consultants.

Same employee in two organization is not possible sir. The only basic principle they follow us , the employer will always have that fear that his business strategy s will come out into the market which will effect his entire process (what ever industry it might be )

Both the Factories Act and Shops and Establishment laws can be applied to prevent employees from taking up double jobs. Section 8 under Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946 states that a workman cannot work against the interest of an industrial establishment by taking dual employment in addition to their existing job. Different Indian courts have also held that termination of employment rules in India which states that termination of an employee who has taken up double employment, is valid as having dual jobs affects efficiency and productivity of the employee, who fails to provide 100% efforts to their job. The punishment for dual employment in India has not been specifically stated in the dual employment of Indian law. Through the various judicial pronouncements, it can be concluded that consequences of dual employment in India is termination of the employee having dual jobs.

This depends on the company's policy. You can always take your company's permission. However, many companies have strict clauses in their contracts with their employees that the latter will not work with a competitor.

There is no law that deals with issue. When you become an employee of any company you are bound by the terms of the employment agreement and offer letter. If you are prohibited to work in another company as an employee (regardless of whether it is in India or abroad), it will amount to a breach of the employment agreement and the company will be entitled to take legal action against you (breach of contract). Employment policies vary from organisation to organisation and it is important to review the terms first. Can assist if you need legal advice in this regard.

There is no legal bar to working in two companies full time. The only limitation is the one imposed by the contracts you will be signing to work for the companies. Most companies have a non-compete clause barring you from working at a competing company/ firm/ office during the course of your employment. If the companies are not competing with each other, there is no bar.

It would completely depend on the way your Employment Agreement is structured, but normally no employment agreement allows it, hence it will be extremely dangerous to take up two full time employments at any given time. No neither scenario would be legal, but again everything depends upon how the Employment Agreement is designed and what terms and conditions are stipulated under leave policy and other conditions.

Hello Mr Sharma, If you are working in any public company then its not possible in any scenario. But if you are working with some private company then it differs from company to company but in any scenario you have to inform and take permission from you company to work some where else. There is no legal bar on you but as per most of the employment agreements or policies of companies they restricts you to work for any other company. So you must take permission from your employer.

Parthesh
Advocate Parthesh
09 Jun 2021 12:29 AM

Yes u can but timnings of both job didnt collapse with each other

While joining any company anywhere in the world does have their on Code of Conducts laid down agreed by you at the time of joining and it is deemed that a joined will avoid dual employment. Companies lay down these policies of not allowing dual employment to safeguard their company assets such as no illegal usage of their vital and confidential information or trade secrets in the market or the Competitors. In certain Countries, dual employment may be allowed but with condition that two full-time employments shall no go simultaneously but may be done in different shifts. Doing the acts as mentioned in your query will result in Breach of Contract or Breach of Trust and the same is prosecutable under the Law.

Arun V S
Advocate Arun V S
15 May 2021 07:42 AM

Please note that the answer to your query shall depend on majorly (i) the employment agreement between you and the employer. (ii) nature and type of work / service provided by you. It would be very difficult to advise anything without knowing the type of employment, nature / field of service. Please take note that often companies have specific clauses under their employment agreement that the employees cannot undertake any other gainful employment whilst they are engaged with the former company. Also in any case, this also gives the company the right to move against you for breach of company policy as you are legally and contractually bound by the employment agreement. for further clarity feel free to touch base with me.

Hi, As far as Indian Employment laws are concerned (including labour laws, employment laws), no provision in the enacted laws restricts you from getting associated with more than one organization at same time, reason being one might not be getting enough income from one organization or his/her interest might vary. However, one thing to be kept in consideration is that if you are employed at one organization and their policy specifically restricts you from getting associated with other organization, then you cannot get associated with any other organization. There might be a scenario, in some organization where one need to take consent of such organization, if he/she want to be employed at other organization as well.

Hello M Sharma, We would definitely like to give our inputs on your query however same is chargeable amounting to Rs. 1500 for the consultation. You can book an appointment with us and we shall get in touch. Thank you.

In all the three scenarios it depends on the policy of the companies as far as Indian companies are concerned they don't allow their employees to work in other company at the same time. And it's a punishable offence.