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Pragati Jain (Intern)     13 February 2015

Law versus policy

Greetings All,

In case there is a contradiction between the Company Policy and Labour law regarding dual Employment . eg Law Prohibits Dual employment whereas Company policy may allow dual employment subject to Management Approval. What shall prevail? the LAw or the Company policy ? Thanks in anticipation of a response



Learning

 2 Replies

Jayashree Hariharan (Advocate)     13 February 2015

Obviously the law madam, since company policy is framed on the guidelines of law. 

Kumar Doab (FIN)     13 February 2015

The employer can always provide superior benefits as prescribed in enactments applicable to employer/establishment................but not inferior benefits.............

 

The employer can allow its employees vide standing orders, service conditions narrated in appointment order/service rules and regulations/HR policy/Employee handbook or even extent approval granted on application/request by employee...................and in such case there is no ambiguity...

 

The enactments applicable to the establishment  may differ depending upon what is the establishment e.g. Govt/private........................Industrial/Commercial.........

thus Factory Act 1948, (Name of the state) Shops and Commercial Establishments Act may be looked into.....................

 

Factory Act 1948:

https://pblabour.gov.in/pdf/acts_rules/factories_act_1948.pdf

 

60. Restriction on double employment. No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.

99.: Penalty for permitting double employment of child: ………..another factory, the parent or guardian of the child or the person having custody of or control over him or obtaining any direct benefit  

 

 (Name of the state) Shops and Commercial Establishments Act was enacted to govern the service conditions of the employee working in such establishments......... 

 

Delhi Shops and Establishments Act, 1954

 

 

https://www.lawzonline.com/bareacts/delhi-shops-and-establishments-act/Section9-delhi-shops-and-establishments-act.html

 

9. Restriction on double employment.- No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act.

 

 

 

 

 

 

Once the approval by employer is granted..............the employee can work on two or more establishments.....  

 

 

 


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