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Manik soodan   02 December 2016

Is it illegal to set up a business while working in pvt. lt

Hello i have set up one company with two other directors while working in a Pvt ltd company and became third director  as a investor. I have only invested my money into that business and haven't taken any salary . Moreover i have given my full time to my existing company where i was working . But they have terminated me and now asking me to refund the salary back . Even i have sent my PF form to the company and they have kept it on hold from last 1 month . Even they havenot cleared my dues too . Kindly guide me how to get my EPF money back and my other reimbursments . May i know how it is illegal to  investing our money into some other business .



Learning

 6 Replies

adv.bharat @ PUNE (Lawyer)     02 December 2016

Whether u have started investment in similar kind of business ?

If yes then it is illegal as per provision of company law 2013.

Will u appreciate this answer by giving like on my LCi prrfile?

Kumar Doab (FIN)     02 December 2016

Refer to service rules/conditions.

Usually bar is on gainful employment.

Was any show cause notice issued and opportunity of hearing provided?

Was any reason mentioned in termination order?

Did you sign any acceptance of misconduct/aplogy letter?

Hwever the appointment letter, standing orders, service rules, conduct and discipline rules, termination order may be shown to a very able counsel specializing in Labor/service matters. 

Joininas Director and investing money might be different scenarios.

PF can not be attached.

 

 

Manik soodan   03 December 2016

No i havenot opened the business in the same kind of business line of my company . Moreover i have only invested my money in it as a Investor , then how it is illegeal ? 

Kumar Doab (FIN)     05 December 2016

'i have only invested my money in it as a Investor........................ i have set up one company with two other directors while working in a Pvt ltd company and became third director  as a investor. '

 

The appointment letter, standing orders, service rules, conduct and discipline rules, termination order may be shown to a very able counsel specializing in Labor/service matters. 

 



 

Ritesh Maity (Labour Law Advocate)     05 December 2016

Dual employment is illegal under the Factories Act.Nothing else is mentioned in any other labour laws. However, depending on many judgements, once employed you are not entitled to engage yourself in any other profession for money or otherwise unless you have permission from your employer. 

I (think) being a director of another company will qualify as gainful employment.

 

Kumar Doab (FIN)     06 December 2016

You have not replied to all points, pointwise.

Better consult local counsel specializing in labor/service matters with all dcos on record.

 


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