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Vir   11 June 2018

Dual employment india

Hello Experts,

If current company doesn't have issue in you working with another company in the same industry in parallel and if you do so, it that labor code or any legal violation?



 19 Replies

R.Ramachandran (Advocate)     11 June 2018

The question is whether both the Companies know that you are working for 2 companies simultaneously?

1 Like

Vir   11 June 2018

Its actually from past. Person has left both of those companies already but is thinking to get a document from both companies in writing now. I spotted this group while surfing so posted comment here.

R.Ramachandran (Advocate)     11 June 2018

Still you have not answered the query.

Whether both the Companies were aware that the person was working for 2 companies simultaneously? 

Vir   11 June 2018

Yes they both know, just confirmed.

R.Ramachandran (Advocate)     11 June 2018

Then what is the issue now?

Vir   11 June 2018


In future if some future employer asks about 2 jobs in parallel, is that going to be an issue legally.Can future company see it as an illegal activity on the employees part?

Thanks for responses!!



R.Ramachandran (Advocate)     11 June 2018

But when you say that both the companies know such dual employment, you will definitely have documents to support it. If that be the case, then why worry, even if future employer asks questions?

Vir   11 June 2018

Valid point.. She doesnt have explicit document stating that on paper...So  wondering even if that is needed as she is not working for both employers anymore. She will ask if there is any legal rule in labor law that may create problem for her.

Kumar Doab (FIN)     11 June 2018

Check if the concerned person (she) as per your last posts is working with Govt, PSU, private establishment  and relate with applicable enactments, narration in appointment letter, service rules/conditions, Conduct and Discipline Rules, standing orders…

And relate what is prescribed, enforceable and relate with what has happened…




60. Restriction on double employment.

The Bombay Shops and Establishments Act, 1948;

65. Restriction on double employment on a holiday or during leave




Model Standing Orders on additional items applicable to all industries;


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.]

Kumar Doab (FIN)     11 June 2018



Citations and facts;

Punjab-Haryana High Court

Gulbahar vs Presiding Officer Industrial ... on 21 March, 2016


In case person has drawn salary from both establishments ( parallel employment) and has been issued with appointment letter, salary slips, Form16, PF, ESIC numbers, service certificate, relieving letter then IT is matter of record…

If both employers have not objected despite knowledge then why to invite objection now!

If both establishments are willing to affirm in writing iwth favorable response then Get IT ASAP!

Vir   11 June 2018

Thanks Sir. I agree about why to invite objection. Its more of precaution so that future companies hiring her do not take it otherwise.

Vir   11 June 2018

Thanks Sir. I agree about why to invite objection. Its more of precaution so that future companies hiring her do not take it otherwise.

Kumar Doab (FIN)     11 June 2018

If you understand then act ASAP.

The citation is simple to understand, short and clear.

Vir   11 June 2018

Thanks I will pass the message. Just to be clear she is no longer working for any of the employers anymore.

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