GO thru:
Who is Entitled to Free Legal Services;
(f) An industrial workman;
https://nalsa.gov.in/content/who-entitled-free-legal-service
Check at DLSA that is usually within LOCAL courts Complex…or IT might be at ADR center..
The employee must understand Dual Employment and differentiate from Gainful Employment in statues/instrument of law/enactments that applies to establishment/employer/employee;
And then narration in contract of employment/appointment letter………
The mention/narration/descripttion in these might be different
e.g;
GO thru; THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946
And
MODEL STANDING ORDERS
4. Publication of working time
13. Termination of employment.
(2) No temporary workman whether monthly-rated, weekly-rated or piece-rated and no probationer or badli shall be entitled to any notice or pay in lieu thereof if his services are terminated ,but the services of a temporary workman shall not be terminated as a punishment unless he has been given an opportunity of explaining the charges of misconduct alleged against him in the manner prescribed in Paragraph 14.
14. Disciplinary action for misconduct.--(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely:
(1) A workman may be fined up to two per cent of his wages in a month for the following acts and omissions, namely: .............................................................................................................................................................................................. .............................................................................................................................................................................................. Note.--Specify the acts and omissions which the employer may notify with the previous approval of the ......................Government or of the prescribed authority in pursuance of section 8 of the Payment of Wages Act, 1936.
15[(b-a) In the enquiry, the workman shall be entitled to appear in person or to be represented by an office-bearer of a trade union of which he is a member.
16(5) In awarding punishment under this standing order, the 17[authority imposing the punishment]shall take into account any gravity of the misconduct, the previous record, if any, of the workman and any other extenuating or aggravating circumstances, that may exist. A copy of the order passed by the 17[authority imposing the punishment] shall be supplied to the workman concerned.
16. Certificate on termination of service.--Every permanent workman shall be entitled to a service certificate at the time of his dismissal, discharge or retirement from service.
23[SCHEDULE I-B Model Standing Orders on additional items applicable to all industries (1) SERVICE RECORD Matters relating to service card, token tickets, certification of service, change of residential address of workers and record of age. (i) Service Card.- Every industrial establishment shall maintain a service card in respect of each workman in the form appended to these orders, wherein particulars of that workman shall be recorded with the knowledge of that workman and duly attested by an officer authorised in this behalf together with date. (ii) Certification of service.- (a) Every workman shall be entitled to a service certificate, pacifying the nature of work (designation) and the period of employment (indicating the days, months, years), at the time of discharge, termination, retirement or resignation from service;
(7) SECRECY No workman shall take any papers, books, drawings, photographs, instruments, apparatus, documents or any other property of an industrial establishment out of the work premises except with the written permission of his immediate superior, nor shall he in any way pass or cause to be passed or disclose or cause to be disclosed any information or matter concerning the manufacturing process, trade secrets and confidential documents of the establishment to any unautthorised person, company or corporation without the written permission of the employer.
(8) EXCLUSIVE SERVICE A workman shall not at any time work against the interest of the industrial establishment in which he is employed and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest of his employer.]
https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf
https://mahakamgar.maharashtra.gov.in/acts-rules.htm
https://mahakamgar.maharashtra.gov.in/images/pdf/industrial-employment-standing-orders-act-1946.pdf
The Bombay Shops and Establishments Act, 1948
65. Restriction on double employment on a holiday or during leave.-
No employee shall work in any establishment, nor shall any employer knowingly permit an employee to work in any establishment, on a day on which the employee is given a holiday or is on leave in accordance with the provisions of this Act.
https://mahakamgar.maharashtra.gov.in/images/lc/pdf/the-bombay-shops-establishments-act.pdf
THE FACTORIES ACT, 1948
60. Restriction on double employment. No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.
https://labour.gov.in/sites/default/files/TheFactoriesAct1948.pdf
GO thru the applicable enactments at website of dept. of labor of your state……..
