Analysis of dual employment law in india PDF

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Analysis Of Dual Employment law In India By yash trivedi Overview: The catchphrase or generic terminology “dual employment”is when a worker or a employee works in the A company/factory in full time in and also work in other factory/ company as part time.In simple words we may also express as ‘when a employee holds the full time position and wages/payroll with one employer and takes on an additional employment with other employer.this is called as “dual employment or double employment”. What is dual employment? Dual employment is a terminology use to define that an employee Of factory who is full time and payroll employee works to another Factory too as a part-time.this is know as dual employment. Applicable Related laws: There are certain sections in Indian labour act and Indian employment act.That directs towards avoidance of dual employment. There are some acts that emphasized below: Section 60 of Factories act says that restrictions on dual employment,save in prescribed circumstances(to be prescribed by each state government). Shops and establishment act for establishments,which don't fall into the definition of ‘factory’(section 2(m)of the factories act) Section 65 of Bombay shops and establishments act states that no Employee shall work in any establishment and nor shall any employer Knowingly permit an employee to work in any establishment,on the day on wich the employee Is given holiday or is on leave as per the act. the Delhi Shops and Establishments Act: nobody shall work about the business of an institution or two or more establishments or an institution and a factory in more than the period during which he could also be lawfully employed under this Act. * Similar provision would be provided in the shops and establishment acts of respective states’. Industrial Employment Central Rules: Schedule I-B section 8 of central rules “A workman shall not at any time work against the interest of the economic establishment during which he's employed and shall not take any employment additionally to his job within the establishment, which can adversely affect the interest of his employer”.

Dual employment is legal in india? To be honest and clear there is no rule or provision made in labour law or employment act for stopping or barrigating the the dual employment and if we come across the MNC or any factory or company we will find that most of them are against the dual employment.there is one act that is factory act sec.60 which clearly says that is dual employment will be illegal and treat under the state gov and juridction of that state. It becomes important to keep in mind that not all institutions and establishments shall fall under the meaning and definition of “factory” under the said Act. Institutions and establishments which fall outside the scope of “factory” within the Act and should expressly lay down a clause in the employment contract expressly and evident barring dual/double employment. so we can conclude that no it is not legal and at same instance it is legal. Dual employment agreement This is the way more delineate. There are some kind of works that is needed to be seasonal or might be contract bases too so here there can be the chances and the reason for the employee to apply for more than on job for the better flow of income for their sustainability.so there can be agreements of dual employment too but its rare because of mordenisation most of the seasonal works have the secondary works too where they shif the employee at the time of other than seasonal jobs. There is no dual employment rule in india and mostly employers do not allow the employee to work in others factory/company because there is a time limit of the employee to work that is set to be 8hr. if this time increases the effeiency and the health of worker/employee will be affected result in the delay in production or work.so most of the MNC and factories do not entertain any of the dual or double employment. But if we see the condition of last year that is 2020-21 Many of the factories and companies shutdown, many lost their jobs Due to pandemic.there are many who has their job but were paid less than half or half this workers were in finding or working in dual employment bases so as to earn good for the family. Many of the factories and company asked their employer and employee to work in another too so as they can earn well. Punishment for dual employment? Some case regarding the dual employment which hase been taken to the court custody and has pass judgements of suspension of employee and employer ,and in some cases termination of employee or some time the deduction of the wages or payroll so there is no such punishment made or provided in the rules.

My Conclusion and analysis. While doing an detailed research and analysis of Indian employment and labour law I found that the meaning and the term varies from various acts . According to my research and the judgements of hon’ble courts and cases,review of Indian employment laws and its analysis I found that dual employment is not considerable and not permissible as far as labour law of india are concerned unless it qualifies the basic and the certain stringent prerequisites. Thankyou STU.YASH TRIVEDI BBA LLB (H)...