What do you mean by Dual Employment?
Dual Employment, sometimes also termed as Double Employment and the term is coined when an employee typically holds two employments simultaneously at the same time. Also, we can understand it by saying that when an employee holds a full-time position and payroll with one employer in one department and takes on an additional employment with another employer in another department or classification. Dual Employment typically occurs when an employee performs the additional work repeatedly, rather than on a one-time or an occasional and irregular basis.
However, Dual Employments are typically not available for staff and academic combinations if they will exceed 100% employment working time.
What law says about Dual Employment?
Dual Employment Law in India
When it comes to the Employment Law in India, NO specific provision is there under the Indian Labour Laws barring and talking about the legitimacy of Dual Employment in anywhere in India. However, only section 60 of the Factories Act, 1948 discourses regarding limitations and restrictions on Dual employment/Double Employment in India on the workers/employees working in factories across India stating that no adult worker is allowed to work in a factory when they are already working in another factory. Hence, Dual Employment is nowhere restricted in India by laws. However, Dual Employment typically reduces the efficiency of an already working employee if he/she is engaged in further dual employment and then because of this he/she is unable to give his/her 100% effort towards his/her employer or organization. And apart from that. He/she is also indulge in snatching in opportunity of someone else’s employment.
Laws Restricting Dual Employment
There are certain applicable laws under the sections in Indian Labour Laws which talks towards the avoidance and restriction of Dual Employment. Some of them are essential to go through and are emphasized below:
1) Factories Act:
Section 60 of Factories Act, 1948 talks about the restriction on dual employment stating “No adult worker shall be required or allowed to be engaged in such double employment, save in prescribed circumstances (to be prescribed by each State Government)”.
2) Shops And Establishment Act:
Regarding those establishments, which do not fall under the category of ‘Factory’ (section 2 (m) of the Factories Act, 1948), however, the provisions mentioned under Shops And Establishment Act would apply:
●The Bombay Shops and Establishment Act and
● The Delhi Shops and Establishment Act.
3) Industrial Employment (Standing Orders) Central Rules:
According to the Schedule I-B section 8 of Central Rules, it states that “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 “.
Dual Employment Process Overview
In the process of Dual Employment, some of the following steps should really be emphasized:
● The very first, the hiring or recruiting unit requesting the dual employment agreement evaluates and assesses the necessity and obligation of a dual employment agreement and then ensures that all the eligibilities and criteria are met before proceeding the process further.
●Then the hiring/recruiting unit needs to consult or seek advice or counselling from current supervisor of the employee in order to reach an agreement proceeding with the dual employment.
● Once the said agreement is reached, the requesting unit typically needs to work with their Employee Relations (ER) Analyst to draw and issue the document/letter that sum up the agreement obtaining the signature of the targeted employee, both of his/her supervisors and both of his/her Heads of the Units and then the related documents are needed to be forwarded to Talent Acquisition Team of the organization.
● Then the hiring unit typically puts forward a request for a Limited Non Recruitment (LNR) to hire the requested employee into a Dual Employment appointment.
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