Dual employment india

The question is whether both the Companies know that you are working for 2 companies simultaneously?

Its actually from past. Person has left both of those companies already but is thinking to get a document from both companies in writing now. I spotted this group while surfing so posted comment here.

Still you have not answered the query.

Whether both the Companies were aware that the person was working for 2 companies simultaneously? 

Yes they both know, just confirmed.

Then what is the issue now?

Hi,

In future if some future employer asks about 2 jobs in parallel, is that going to be an issue legally.Can future company see it as an illegal activity on the employees part?

Thanks for responses!!

Valid point.. She doesnt have explicit document stating that on paper...So  wondering even if that is needed as she is not working for both employers anymore. She will ask if there is any legal rule in labor law that may create problem for her.

Check if the concerned person (she) as per your last posts is working with Govt, PSU, private establishment  and relate with applicable enactments, narration in appointment letter, service rules/conditions, Conduct and Discipline Rules, standing orders…

And relate what is prescribed, enforceable and relate with what has happened…

e.g;

THE FACTORIES ACT, 1948

60. Restriction on double employment.

https://labour.gov.in/sites/default/files/TheFactoriesAct1948.pdf

The Bombay Shops and Establishments Act, 1948;

65. Restriction on double employment on a holiday or during leave

https://mahakamgar.maharashtra.gov.in/images/lc/pdf/the-bombay-shops-establishments-act.pdf

MINISTRY OF LABOUR AND EMPLOYMENT Government of India

 INDUSTRIAL EMPLOYMENT (STANDING ORDERS) CENTRAL RULES, 1946

23[SCHEDULE I-B

Model Standing Orders on additional items applicable to all industries;

(8) EXCLUSIVE SERVICE

A workman shall not at any time work against the interest of the industrial establishment in which he is employed

and shall not take any employment in addition to his job in the establishment, which may adversely affect the interest

of his employer.]

https://labour.gov.in/sites/default/files/INDUSTRIALEMPLOYMENT(STANDINGORDERS)1CENTRALRULES1946.pdf

Citations and facts;

Punjab-Haryana High Court

Gulbahar vs Presiding Officer Industrial ... on 21 March, 2016

https://indiankanoon.org/doc/91544323/

In case person has drawn salary from both establishments ( parallel employment) and has been issued with appointment letter, salary slips, Form16, PF, ESIC numbers, service certificate, relieving letter then IT is matter of record…

If both employers have not objected despite knowledge then why to invite objection now!

If both establishments are willing to affirm in writing iwth favorable response then Get IT ASAP!

If you understand then act ASAP.

The citation is simple to understand, short and clear.