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chanchal   14 February 2015

Need suggestion

I am working as Software Engineer in reputed IT company in Bangalore.I just want to know can i work as LIC AGENT as part time along with my current job. Will it create any problem for my job if my company come to know by any chance. For me my job is first priority but LIC i am taking it as extra income.

Point to be noted is, if i work as LIG Agent then my PAN number will show all details.In future while doing background check will there be any problem? Kindly suggest...



Learning

 7 Replies

saravanan s (legal advisor)     14 February 2015

You read the terms and conditions in your appointment Order and decide

kavksatyanarayana (subregistrar/supdt.(retired))     15 February 2015

WHAT ARE THE CONDITIONS IN THE AGREEMENT OF YOUR JOB.  HOWEVER OBTAIN PERMISSION FROM YOUR EMPLOYER OF THE I.T. COMPANY 

Manish Kumar (Asst. Manager - Marketing )     16 February 2015

Dear Sir,

I have Joined 1 Company in 7th Sep 2009.

Transferred to other Area (Delhi to Bangalore) from 1st April 2013. 

Resinged on 15th Aug 2014. 

Company made my Settlement on 18th Aug 2014, Give me 1 Statement for my salary after all deductions & told to deposite all the amount in salary Day. 

I was releaved by company after all formalities. 

Till date I have not got my full amount as per my Statement. (Statement for 18 Days, Recd amount for 10 Days) While PF Deposited by company for 18 Days. 

When I asked my amount + Incentive Company blame me vide different - different issues & not clearing my Dues.

But Mean while My PF got Cleared. 

Please suggest How Can I Do ? 

Shall I eligible for Gratuity Also, How Can I apply for that ? 

 

I am based at Ghaziabad - Delhi NCR 

Company is in Bangalore - Karnataka 

 

Thanks,

Manish Kumar

9560771040

 

 

 

Sudhir Kumar, Advocate (Advocate)     16 February 2015

Originally posted by : chanchal

I am working as Software Engineer in reputed IT company in Bangalore.I just want to know can i work as LIC AGENT as part time along with my current job. Will it create any problem for my job if my company come to know by any chance. For me my job is first priority but LIC i am taking it as extra income.

Point to be noted is, if i work as LIG Agent then my PAN number will show all details.In future while doing background check will there be any problem? Kindly suggest...


Yours is not a legal query.

Kumar Doab (FIN)     17 February 2015

@ Chanchal,

I shall be discussing only the legal part for which you should preferably check with your own lawyer and elders in the family, competent and experienced well wishers, IT Employees unions leaders, now there are female IT employee’s unions too, Trade Union leaders too…….

You should discuss it with Inspector appointed under Karnataka Shops and Commercial Establishments Act …………….

The Dept. of Labor of Karnataka maintains well nourished website and contact details of all officials, Employee’s Unions/Trade Unions Leaders are available on website…..

 

As far as matter in your query is concerned……………………….All depends upon the clauses/statements on dual employment in enactments applicable to the establishment/employee.....

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 ( that was enacted to govern the service conditions of employees working in such establishments) may be looked into.....................

 

This has been discussed in following threads too:

https://www.lawyersclubindia.com/forum/Law-versus-policy-116624.asp#.VOMeQ4Kqqkp

 

https://www.lawyersclubindia.com/experts/Dual-employment-523226.asp#.VOMc44Kqqko

 

The IT companies in Karnataka are governed by Karnataka Shops and Commercial Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by this Act……

The Karnataka Shops and Commercial Establishments Act does not distinguish between a ‘Workman’ and ‘Non Workman’ and thus covers all employees working in establishment covered by it. There is no clause on dual employment/gainful employment in this Act. This Act lays down the work hours and time during which employee shall be at the exclusive disposal of employer………………….After the work hours set by this ACT (including permitted OT……………..mind it there is a capping on OT)…………..the employee is free for everything…..

Of course from Pan No. the details of income can be obtained, however employer or no body is having any right to poke their nose……………and the right vests with law enforcement agencies and courts of law.

You should keep proof of full attendance (date wise) and time spent on any other activity.

 

 

T. Kalaiselvan, Advocate (Advocate)     18 February 2015

@Chanchal:  Your query itself states that you are uncertain about the steps to be adopted when your employer decides to initiate action against you in the event of coming to know about your dual employment, however, you may  have the terms and conditions in the employment offer letter in your possession and approach a local service law practicing lawyer for further issues on your query.

T. Kalaiselvan, Advocate (Advocate)     18 February 2015

@Manish Kumar:  First of all if you like to get your problem clarified, you should post your queries in a separate thread of your own and not to use others thread to post your query.

Now to your query:  You may issue a legal notice to the company through your lawyer demanding your pending dues, wait for their reply and then if necessary, you may move appropriate authority for getting the relief. Consult a local labor law practicing lawyer and get yourissue solved.


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