RESTRICTION OF DOUBLE EMPLOYMENT

Section 60 of the Factories Act 1948 talks about the restriction on double employment in India for people working in factories.

The provision states that no adult worker is allowed to work in a factory when he is already working in another factory.

Sec. 60 of the Factories Act “No adult worker shall be required or allowed to work in any factory on any day on which he has already been working in any other factory, save in such circumstances as may be prescribed.”

However, under Karnataka Factories Rules, Rule 110 permits double employment with the previous approval of the jurisdictional Inspector of factories.

Rule 110. An adult worker may be employed in more than one factory on the same day, with the previous approval of the Inspector subject to the following conditions:

1. He shall not be employed for more than 9 hours in all on any one day.
2. He shall receive a weekly holiday in accordance with the provisions of Section 52.

While dual employment itself is not illegal, employers should obtain prior consent from the Inspector.

In India/Karnataka, it’s legal to hold multiple jobs without breaching the law. However, a person with a similar set of jobs may raise questions about a breach of confidence because many employers place such restrictions in their employment agreements in addition to rules barring holding down numerous jobs. If an employee’s contract stipulates non-compete and exclusive employment, as is the case with the majority of traditional employment contracts, such double employments are regarded as cheating.

If the employment contracts do not contain this clause or offer exceptions, it is not considered cheating. The concept of ‘dual employment’ is not dealt directly by the Indian law. However, there are certain statues that govern them.

1. A worker is not permitted to work in two workplaces at once, according to Section 60 of the Factories Act of 1948. However, an IT specialist or any employee holding an administrative or supervisory function is not included in the Factories Act’s definition of a worker.
2. According to the Industrial Employment (Standing Orders) Act 1946, a worker must not work against the industrial establishment’s interests and must not accept any supplementary employment that could jeopardise the employer’s interests.
3. The Shops and Establishments Act governs employees who work in, among other places, retail establishments, dining establishments, theatres, and other public amusement or entertainment facilities, as well as information technology and information technology-enabled services. Each state has a unique Shops and Establishments Act.
4. All country citizens have the right to practice any profession and to engage in any occupation, trade, or business, according to Article 19(1)(g) of the constitution.