Dual Employment with Different Time Slot and Nature of job same can someone do? Dual Employment with Different Time Slot and Nature of job same can someone do?

1 year ago

Someone working in Company A which is based in India as a full timer (Job timing 10 AM to 7 PM) and planning to join company B where it is mentioned Freelancer in their Agreement but based out of India (Job timing 5 PM to 2 AM as per IST) on a contract basis. Both companies mentioned clause in the Agreement before the consent employee cannot involved in any sort of agreement with other business or companies. Indian company deduct PF but other company which is based out of India going to credit salary directly in account inclusive taxes. Can someone get into this kind of dual employment as PF is not getting deducted in one of the company? And how to pay tax to the government in this case from other company’s salary where to mention while filing tax or declaring investment? Nature of job or role is same in both the companies but responsibilities are not bound to domestic only when we Indian company responsibilities bound to domestic only. Business model / Domain for both the companies are different so leakage of confidential information is not there.

Anik

Responded 1 year ago

View All Answers
A.Dear Client,

You must go through the employment agreement and figure out if it is illegal in any one of the company and if anyone is going to tell on you regarding this.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 year ago

View All Answers
A.Dear Sir,
Please check whether it is banned under service rules of both the companies. If there is any such bar then either you or somebody else or a stranger can lodge a complaint with both the companies about such dual employment and such employee will face the music.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconTermination without notice
Dear Client, Dear Client, Termination without notice amounts to illegal termination and is defined as an industrial dispute under Section 2A of the Industrial Dispute Act, 1947 which also violated the...
question iconRe deployment pool - force resign by company
Dear Client, A dispute between an employer and an employee is tried/adjudicated before the Industrial Tribunal/Labour Courts or other quasi-judicial authorities. As stated in your query, the action of...
question iconEmployment Overlapping
Dear Client, The Factories Act, 1948 and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. Further, rules related to dual employment hav...
question iconLayoff of employee with workplace injury health issue
Dear Client, Section 2(oo) of the Industrial Dispute Act, 1947 states that “retrenchment means the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as...
question iconConsultancy - I went for a job abroad interview
Dear Client, From the contents of the query it appears that you encountered a fraudster job agency and that unfortunately happened abroad. In the absence of any confirmation from the side of your pros...