The situation I would like advice from you is about the possibility of Dual Employment. I work for a BPO company and recently was offered another position in another company. I find that I can work in both companies as the hours of employment do not coincide. I have a lot of familial debt obligations that force me to attempt this. Would this be legally acceptable to my present company and suitor company?
My appointment letter from my present company mentions:
While employed by the company you:
1.Will not engage in any external activities of a commercial nature.
2. Will not engage in activity of a non commercial nature without prior written approval of the company
Is employment regarded as activity of commercial nature? I check the definition of commercial nature and found the definition to be:
Relations of commercial nature include, but are not limited to the following transactions: any trade transaction for the supply or exchange of goods or services; distribution agreement; commercial representation or agency, factoring, leasing; construction of works; consulting; engineering; licensing; investment; financing; banking; insurance; explitation agreement or concession; joint venture and other forms of industrial or business operation; carriage of goods or passenfers by air, sea, rail or road.
However as the relationship between employer and employee is defined as principal-agent, is this covered by the term "commercial representation or agency" in the definition?
In the suitor company, there is a clause but it limits itself to competitors, which is not the case here as they are in different sectors.
I would really appreciate your advice in this matter.
