Status of dual employment in India

Dual employment is also referred to as moonlighting, it is an act of doing an extra job without telling your employer. In order to constitute double employment a person should be a hundred percent employee in one organisation and extend his service in another establishment. It may affect the efficiency of the employee as the jobs may interfere with each other. Apart from that he is also snatching opportunities from other person’s employement . Sometimes when people wants to change their current job this is the only option left with them. In India there is no specific provision that talks about legality of dual employment under labour laws expect article 60 of the factories act, 1948 but then the provision applies to those who are working in factories. Dual employment means when an employee who holds a full time staff position in a department of a company and simultaneously also holds a position as a part- time employee in any department in another company.

There is no legal limit on the number of salaried jobs you hold. In India sometimes the company’s directors hold many jobs. There is no need of telling about your second job to the first job’s employer because there might be clause in agreement stating that you are not allowed to work with any other company simultaneously and at sometimes there are hundreds of termination letters on account of dual employment. Actually there is no such law it is mainly to do with the contractual agreement that we sign at the time of joining any company.  But it is legal unless you signed an agreement that says otherwise.

However there are few companies that allow you to carry in with your family business simultaneously unless there is non-competent nature of businesses. But the unacceptable of dual employment is for the employee’s benefit. There are people who are involved in freelancing online as well as offline usually they do not have any such clauses. That is the reason why they can pick up multiple freelancing activities. A normal human should work 8hours in a day or 48 hours in a week if he is exceeding the limit he may face some serious health related danger. It is generally held by the court that 24 hours in a man’s life is divided into three parts of 8 hours each 8 hours for work, 8 hours for personal activities and 8 hours for sleep. In a leading case a bus driver died due to heart attack he had no history of cardiac disorder, he died during the course of employment that is while he was seating on the driver’s seat (a driver’s job is stressful too), claim for compensation by his legal  heirs was upheld by the high court and the employee was liable to pay the compensation. Another research, published by University College London, reveals that the  risk of cardiac stroke rises by 33% in employees working for more than 55 hours a week as compared with working a standard 35 to 40 hour week. 

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs

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