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varun (analyst)     18 December 2011

Own business along with full employment

Hi,

I am working in a Full Time in a Company. I want to start my own Business. My Company does not allow me to have dual employment or own business along with my Job. But i want to stablize in my bisiness before i leave my job. Please advise what legal action can a company take againt me if it found out about my own company.  Also please advise if there are any ways i run a business along with job, without getting into any trouble like registering the company in the name of my family members. Please advise.



Learning

 3 Replies

Kumar Doab (FIN)     18 December 2011

The employer may and may not charge you, but employers usually do not tolerate such acts by their employees.

If your family is not trained/well versed in specialized line of the enterprise which they may start banking and depending upon your expertise, they shall need you now and then and you shall not be able to stay away during your employment hours. You may be noticed transacting your private business during your official hours. Any one can whisper to your employer that you/thru your family is starting your enterprise and this shall be more than sufficient to provoke the employer.

A vindictive and zealous employer offended by the employee can go to any extent to chase and hound you to set an example for you and many others. The burden of proving the charge is on employer and burden of proving the innocence is on the employee.

Your family members are free to exercise to enter into any business but you should not be involved directly or indirectly as stake holder or in day to day operations.

You must not poach the clients of your employer and use the official email, company property to transact for the company of your family.

 It shall be appropriate to enter leave job first and then enter into business full time  to avoid legal complications which your employer can create for you.

varun (analyst)     18 December 2011

 

 


I haver no intentions to poach the clients of my employer and use the official email, company property, etc

My family is NOT at all trained on the field. I would be managing the whole show myself. The advantage with me is that i have the liberty to work from home and since i do not have much work load, i can manage all the work myself. Moreover it will just be for max 6 months, after that i will be resigning either way (provide i see future of my company). Although the chances of my company coming to know about me are very less, but still i want to know what legal actions can the company take against me, if it comes to know about it.

Please advise.


 

kameswarao S (Head HR)     19 December 2011

Mr.Kumar has given an appropriate suggestion. Starting your own business and acting in dual roles  is against the interests of the company.

Without having that type of systems and process it will be difficult for any company hence they may be having their own processes in knowing what their employees are doing hence they may fix you some where by knowing your activities and then it will be difficult for you to come out of legal issues hence as suggested better to move out of the company and start your own.

Regards - kamesh


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