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What Is Dual Employment Clause in an Employment Agreement

With the onset of globalization and industrialization, a large number of people were employed as workers in different industries at different levels. Due to the availability of cheap labor, workers and workers in these industries were constantly exploited and mistreated by factory owners or the respective industries in which they were employed. In addition, a large number of people employed in the private sector are generally exposed to long and arbitrary working hours without fair remuneration in exchange for these long shifts. Because of these unreasonable working conditions of skilled workers and the oppressed conditions of unskilled and skilled workers, regulatory laws have been implemented regarding the employment of people in various sectors. It can be said that labour regulations in India largely regulate the following dimensions of employment; Working conditions Labour relations Wage welfare Social security Upon compliance with the provisions of the Indian Contracts Act, employment contracts and contracts must comply with the applicable labour laws and regulations contained in the internal regulations of this establishment. Consult a lawyer nowDOUBLE/DUPLICATION Arbitrary working conditions and low wages and salaries in times of economic fluctuation have forced many people to accept duplication or duplication as a means of generating additional income. Double or dual employment means that a person employed one hundred percent in a company (basic employment) also extends his services to a similar institution or department as an employee. The concept of double or dual use is still ambiguous in our Indian legal system. The Factories Act 1948 under section 60 imposes a prohibition on duplication, which states that no adult worker may work in one factory if he or she is already employed in another factory.

It is important to remember that not all establishments fall under the meaning and definition of “factory” under the Act. Institutions and bodies that do not fall within the scope of the concept of “factory” within the meaning of the law should explicitly establish a clause in the employment contract that expressly and unambiguously excludes duplication. The scope and meaning of duplication in the Factories and Works Act differs from that of the Factories Act, since it is a state legislature, the scope may vary slightly from state to state, but on a general interpretation, it can be concluded that the Workshops and Works Act expressly prohibits employment in the same institution or establishment after the end of the hours of work. Provides. Section 8 of Schedule I to B of the Central Industrial Employment Rule, 1946 (Regulations) states that a worker may not work against the interests of an industrial enterprise by duplicating in another enterprise while being primarily employed in an enterprise. In many cases, Indian courts have also found that a dismissal for duplication is valid because it affects the worker`s ability to perform and in the expansion of the main facility where he or she was employed. Consult a lawyer nowFOLLOW THE DUPLICATION Indian labour law is silent on the consequences of duplication, however, dismissal due to duplication has been considered a valid reason by the Indian courts, as this duplication has a negative impact on the effectiveness of the institution. In order to counter the issue of duplication, many institutions and institutions include a black clause in their employment contracts. A black housing clause is a negative obligation or agreement that includes an entity in its agreement that expressly excludes the duplication of the employee when employed in that establishment. Undeclared work means, in simple terms, having another job during the working hours of the main occupation. The employer must ensure that the employment contract expressly stipulates that the duplication results in the immediate dismissal of the employee.

It is also crucial that the institution establishes an HR framework that highlights the company`s position on duplication. The author of this blog is Adv. Rashmi Kumari, who has 16 years of experience dealing with employment-related issues, wants to share this useful information for people who have problems related to employment-related issues. How can Lawtendo help? LawTendo has about 15000 lawyers across India on our platform. LawTendo strives to provide its clients with cost-effective and high-quality legal advice. You can reach us at +91-9671633666 or info@lawtendo.com. There is currently no uniform definition of joint employment. Instead, different labor laws define situations in which joint employment can take place in connection with that law. According to labour law in India, there is no specific provision that talks about the legality of duplication in India. Section 60 of the Factories Act 1948 talks about restricting duplication in India to people working in factories. The provision states that no adult worker may work in one factory if he or she is already working in another. 3.

Commercial employment (standing orders) Central Rules: Annex I-B Section 8 of the Central Rules “A worker may not at any time work against the interests of the commercial establishment in which he is employed and may not hold any employment in addition to his activity in the establishment which could prejudice the interests of his employer”. In practice, an employer should inform employees and employees by means normally used by the employer to provide information to all employees (e.B the bulletin board, office policies, memos, on the employer`s website, etc.) that the employer`s factory or operation as an indication does not allow any employee to accept employment or even volunteer work for remuneration or fees, unless there is written consent from management. .

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