Dual employment

Pragati Jain (Querist) 13 February 2015 This query is : Resolved
Greetings Seniors,

I want to know if an Employee working full time in an Organisation, can also work part time on weekends as per Indian labour laws? It is to be noted that the employee is not on payrolls of the Organisation where he is working part time but only on the payrolls of the organisation where he is working Full time. which section of Factories Act or any other Act of labour law governs the same? Any light on the same would be of great help. Thanks in anticipation of a response.

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Jayashree Hariharan (Expert) 13 February 2015
if it is a private company, then no probs. But please go through the company policy, whether it says anything about such activities.

ajay sethi (Expert) 13 February 2015
you cannot work officially in 2 organisations at one time. you cannot ride 2 horses at same time . in case your employer comes to know that you are working in another organisation your services would be terminated

Pragati Jain (Querist) 13 February 2015
Thanks for the response. The Company's policy restricts the dual employment but it the Employee is not on the payroll of other Company. So does she have a legal protection in this case? ANd which Act can I refer to for the same?

Rajendra K Goyal (Expert) 13 February 2015
If proof exist, Company can start disciplinary proceedings against the person enjoying dual employment.

Kumar Doab (Expert) 13 February 2015
Repeated Query:

http://www.lawyersclubindia.com/forum/Law-versus-policy-116624.asp#.VN4Inmiqqko

The onus is on the employer to prove.
The rumor,hearsay,gossip is not a Proof.

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