Hi, is there a conflict of interest between your current employer and oher employments?
From India, Delhi
1From India, Delhi
Dear Ganesh
Some of these extra-curricular activities are useful to the employee and the society in general; apart from instilling an entrepreneurial or creative spirit.
What is deplorable is the attitude of some HR and the management to prosecute employees on flimsy ground, as rightly pointed out by you in your previous response. I am aware of cases where this is happened when the employee had taken-up a few training courses, participated in certain sports activity having prize money, designed or written content for websites, tried to set-up some direct selling distributionship of certain products from home along with his spouse etc etc.
Although, one can not deny that doing 2 regular jobs can not be encouraged or allowed; moreover the law rightly prohibits such employment for WORKMEN in Factories, Mines etc. the rigours of such jobs can kill an employee.
At the same time one needs to relax such considerations for certain assignments which are of purely casual nature or for creative and entrepreneurial pursuit, even if they involve little pecuniary benefits.
Warm regards.
From India, Delhi
Some of these extra-curricular activities are useful to the employee and the society in general; apart from instilling an entrepreneurial or creative spirit.
What is deplorable is the attitude of some HR and the management to prosecute employees on flimsy ground, as rightly pointed out by you in your previous response. I am aware of cases where this is happened when the employee had taken-up a few training courses, participated in certain sports activity having prize money, designed or written content for websites, tried to set-up some direct selling distributionship of certain products from home along with his spouse etc etc.
Although, one can not deny that doing 2 regular jobs can not be encouraged or allowed; moreover the law rightly prohibits such employment for WORKMEN in Factories, Mines etc. the rigours of such jobs can kill an employee.
At the same time one needs to relax such considerations for certain assignments which are of purely casual nature or for creative and entrepreneurial pursuit, even if they involve little pecuniary benefits.
Warm regards.
From India, Delhi
Dual employment means dually employed as an employee. Under Delhi Shops and Establishment Act, dual employment is barred in respect of employee pertaining to working hours. Under Bombay Shops establishment Act, even a member of family of an employer is not included as an employee under section 2(6) of the Act evidently because they are not employed as employees thereof. As an employee he enters into contract of service with employer and then employed with the business of establishment. Under the said Act, an employer is defined as owner of establishment but he is not an employee. Thus an owner or partner of a business will not be employed with the establishment. Thus the concept of dual employment will not be applicable in your case. However if contract is that you will not run any business simultaneously, then it is a different matter.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
In continuation of above, in Kemp and co ltd v workmen commissioner decided by Madras High Court on 19.7.1955, it held that for construing the term " person employed" under section 2(12) of the State Shops and Establishment Act, the common law concept of master and servant, and employer and employee cannot be looked into. It is the statutory definition only to be seen. Thus, for answering the query also, the State Shop and Establishment need to be looked into while understanding the legal position. Say under Delhi Shops and Establishment Act, the term misconduct is used under section 30 for an employee but not for an employer. The list of misconducts under the rules relate to employee and not for employer or its shareholder. The term "employment" is similarly not to be understood in a loose sense but in accordance with statutory terminology. If that be so then "dual employment" is to be understood as dually employed as an employee.
If very wide meaning is attributed then employees of thousands of establishments who have their shares in corporates, will be treated to be running business though as sleeping shareholders and thus would be treated as dually employed. Such a construction will be detrimental to interest of society.
Thanks
Sushil
From India, New Delhi
If very wide meaning is attributed then employees of thousands of establishments who have their shares in corporates, will be treated to be running business though as sleeping shareholders and thus would be treated as dually employed. Such a construction will be detrimental to interest of society.
Thanks
Sushil
From India, New Delhi
Hi,
i have joined company A as contractor but meanwhile i got a permanent position with company B so i have decided to quit from Company A , i had worked two weeks in company A and i tell them that i am unwell and joined company B.
now company A got to know that i have joined some other company so they r threatening me to update my dual employment status and i will be blacklisted from both of the organisation .
when i come to know this i have put my resignation mail but that mail is beyond to joining date of company B.
can you please tell me what should i do . does company A claim a legal dual employment to me and how can i save my job from my current company i.e Company B.
please help me out on this.
Thanks in advance
From India, Bangalore
i have joined company A as contractor but meanwhile i got a permanent position with company B so i have decided to quit from Company A , i had worked two weeks in company A and i tell them that i am unwell and joined company B.
now company A got to know that i have joined some other company so they r threatening me to update my dual employment status and i will be blacklisted from both of the organisation .
when i come to know this i have put my resignation mail but that mail is beyond to joining date of company B.
can you please tell me what should i do . does company A claim a legal dual employment to me and how can i save my job from my current company i.e Company B.
please help me out on this.
Thanks in advance
From India, Bangalore
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Enforcement of negative covenants in employment terms.pdf