90,000+ Legal Questions Answered
Being terminated for doing free lancing job along with full time job in IT
1 year ago
Recently my company got to know about my side job that i do in free time and they are planning to terminate for that reason. Though there has been no conflict of interest or misuse of any information or resources but just because it was not informed they wanted to terminate. Can that be challenged
A.Dear client,
In India, we don’t have a blanket law covering “can an individual works (freelance) while being employed full time with an organization”. There are lots of grey areas when it comes to multiple employment in India.
Most organizations have their own rules n regulations regarding this. While some organizations do not allow this, some allow it under certain conditions like,
The work should not be the same as what you are employed in or your primary skill
- Cannot work for any competitor (direct or indirect)
- Some might put a cap to the time and remuneration
- Some might limit you from working in certain domain or using certain skill you acquired or are using for your primary employer.
So the best thing to take care of the legal aspect is to speak to you manager and HR.
Certain organizations have a binding contract an individual is supposed to sign before starting any freelance / additional job (for both time and self service). In that case, if you have agreed not to work or freelance anywhere else, then they can terminate you by providing a notice period with the valid reason.
In India, we don’t have a blanket law covering “can an individual works (freelance) while being employed full time with an organization”. There are lots of grey areas when it comes to multiple employment in India.
Most organizations have their own rules n regulations regarding this. While some organizations do not allow this, some allow it under certain conditions like,
The work should not be the same as what you are employed in or your primary skill
- Cannot work for any competitor (direct or indirect)
- Some might put a cap to the time and remuneration
- Some might limit you from working in certain domain or using certain skill you acquired or are using for your primary employer.
So the best thing to take care of the legal aspect is to speak to you manager and HR.
Certain organizations have a binding contract an individual is supposed to sign before starting any freelance / additional job (for both time and self service). In that case, if you have agreed not to work or freelance anywhere else, then they can terminate you by providing a notice period with the valid reason.
Helpful
Helpful
Share
Read Related Answers
Variable Pay Components - How to add Variable pay in offer letter and salary slips
Dear Client,
Variable pay or compensation is determined based on two main factors – the employee's performance and the company's overall performance. An employee becomes eligible to get variable pay...
layoff as BU is closing
Dear Client,
Apart from compliance with the statutory formalities required under the Companies Act, 2013 for the closer of the business of a company or part of it, the Company has to comply with the s...
Termination
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 mandatory p...
FnF amount not received
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
