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Amit patel (Programmer)     05 October 2011

Part time business with full time job


I'm a fresher from Mumbai completed my degree this year. Now, i have to join a software company. That company requires me to sign a contract for two years. Since, I'm a fresher, its important for me to get some industrial experience, so i want to join this company.

Apart from that, i have my own online business which is generating good income for me. I don't want to leave my part time business as well.

Now, the problem is that like most of IT companies, in the contract which i have to sign, they say that you can not work on full time or part time basis for any other company or a business.

So, My question is what legal problems i could face if i continue to work on my business along with this full time job???

My business and job both are related to some software work but in different domains. I know i could get fired but what else they could do????

Note: I'm not planning to steal their trade secret. I'll do the job with my full faith & just want to keep doing my business in part time.

Thank you. Please answer this question it's very important for me.


 8 Replies

Shailesh Kr. Shah (Advocate)     06 October 2011

Make request to the company that in contract, they allow you to do part-time business.

1 Like

Isaac Gabriel (Advocate)     06 October 2011

Though the business is partime,you need to sign agreements,contracts and bank transa ctions which involve responsibility and commitments. So,it is not advisable.

1 Like

Amit patel (Programmer)     06 October 2011

Thank you for your reply.

Regarding bank transactions & registration, i will do it on the name of my Father. Then, will i face any issues??

Isaac Gabriel (Advocate)     06 October 2011

Then OK.Take precaution to guard against any controversies.Confidence and forethought will lead you to seccess. The revolution in communications are being taken full advantage by enthusiastic youths like you. All the best.

1 Like

ajay sethi (lawyer)     06 October 2011

under no circumstances do part time business with your job . if you have signed contarct which prhibits you from doing any business with job not only will you be fired but will ruin your name in job market . there will be a blemish on your name in local market .


company may also file criminal case against you for breach of trust etc. read your contact prvoisions carefully

1 Like

Kumar Doab (FIN)     06 October 2011

Learned experts/members have given valuable advice. Kindly follow it.

Company might have included in your appointment letter “directly or indirectly" and the "interpretation by the management shall final and binding" etc.

If any one finds you indulging in your online business during office hours, or in office hours, or by using office equipments, or after office hours and whispers it or complain to company you shall find guys chasing and hounding you.

Private companies and zealous personnel shall not tolerate. Your industry is not unionized.

Employees in different sectors are choosing to augment their income due to rising costs, insecurity in job or to improve their financial health. Some of the employees who see their superiors making money think why can't I? Many senior managers who are deciding authority in recruitment run consultancy in the name of family members.

A thief is not a thief until caught.


1 Like

Amit patel (Programmer)     07 October 2011

Thanks a lot for your valuable comments.

One last question please:

My business is related to IT & if i do it in the name of my father, who don't have any IT background, will i face any issues due to this??? Or Should i do it in the name of my brother who have IT background? (My brother is currently on a job but he don't have such restriction)


Thanks & regards,

Amit Patel


After you sign a contract, you will be violating terms of contract and would attract penal provisions of contract. and conduct & discipline in your employment. When your father does not know abc of s/w, any time you could be caught doing benami business through some of your jealous colleagues. If you find the clauses of contract with the company, you can find stringent conditions in the language of the contract agreement. Moreover, while in job, software engineers have to devote long hours of duty (say 12-14 hours frequently) on the time bound projects. So, your part time business will definitely will get badly hurt keeping your clients dissatisfied while your attention would remain divided on employment and business. So, you would neither be able to devote your attention properly to your official duties, nor to your part time busuness, even if your business goes unnoticed for most of the time.


But, question arises, if you are earning a handsome income through your own business, my advice is to concentrate on your own business rather than joining a job.


However, if you are able to get very attractive job with good career prospects, you should start shedding your part time business by and by.

1 Like

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