Hi Shalini,
When in appointment letter if it is clearly mentioned that employee should not get himself engaged with any other employment activities, associating with second employment is illegal and should not be permitted. Even though it is just to the extent of signing the cheques or letter, it will be second employment.
If the employee is engaged himself in second employment, he has to obtain written permission from the Management to do so. Normally employer will not entertain such double job activity and more so if the nature of business of second employment is the same business of the employer.
My suggestion to you as HR person that immediately issue a letter to that employee pointing that he has breached the terms and conditions of the appointment letter and ask for the explanation. Once you get the written explanation from the employee, forward the same to your Management with your remark for their further directive in this matter.
Regards,
Vijay Gaonkar, Goa
From India, Pune
When in appointment letter if it is clearly mentioned that employee should not get himself engaged with any other employment activities, associating with second employment is illegal and should not be permitted. Even though it is just to the extent of signing the cheques or letter, it will be second employment.
If the employee is engaged himself in second employment, he has to obtain written permission from the Management to do so. Normally employer will not entertain such double job activity and more so if the nature of business of second employment is the same business of the employer.
My suggestion to you as HR person that immediately issue a letter to that employee pointing that he has breached the terms and conditions of the appointment letter and ask for the explanation. Once you get the written explanation from the employee, forward the same to your Management with your remark for their further directive in this matter.
Regards,
Vijay Gaonkar, Goa
From India, Pune
Hi Shalini,
It is important for the employee to keep the Employer/HR informed about his/her other business. The employer needs to understand the nature of involvement and ascertain that there is no conflict of interest. The employer can give consent with a condition that it does not impact work commitments. Thus, there is transparency in the relationship as well as you have a happier employee.
Regards,
Robbert
From India, Bangalore
It is important for the employee to keep the Employer/HR informed about his/her other business. The employer needs to understand the nature of involvement and ascertain that there is no conflict of interest. The employer can give consent with a condition that it does not impact work commitments. Thus, there is transparency in the relationship as well as you have a happier employee.
Regards,
Robbert
From India, Bangalore
5
Hi Shalu,
No law will support this conclusion and this is ill thought to expect employee to disclose his business to the company until and unless it violates conflict of interest.
Read article on fundamental rights expressed in constitution of India.
This is unmature egoistic thinking that employee lost his privileages once he takes employment with employer. This is mdieval age thinking and not 21st century HR practice and uncivilised
Regards
Sawant
From Saudi Arabia
No law will support this conclusion and this is ill thought to expect employee to disclose his business to the company until and unless it violates conflict of interest.
Read article on fundamental rights expressed in constitution of India.
This is unmature egoistic thinking that employee lost his privileages once he takes employment with employer. This is mdieval age thinking and not 21st century HR practice and uncivilised
Regards
Sawant
From Saudi Arabia
Mr. Sawant,
Perhaps you are getting my statements absolutely "Wrong"! I second that an employee is free to choose activity but it should NOT INTERFERE or CLASH with company's interest! My intial query did clarify that we weren't aware about what exactly it was.
The clause in appointment cleary states that outside employment is not permissible.If in any case an employee is having secondary employment for whatsoever reasons then i think the company should be made aware about it. Secondly, when you sign the so called "Confidentaility agreement and appointment letter" you ought to go as per the matters mentioned in it.
A company can run into huge losses if an employee is side by side carrying same activity by himself. May be he or she can offer serives ( might not be entirely )but on same lines to the client that too at half the price or an employee can divulge the details of client to another company or use it for his own benefits. I really do not see why a company should not express concerns about it. We all are matured professionals with self responsiblity .
Today it might be a case of secondary employment but tomorrow an employee could hide many other things too. how long will take to happen? my answer would be very soon.
Nowhere have I mentioned that privileges are chopped off once an employee takes employment at some company. unless and until it doesnt interfere with interests or an organization , we aren't bothered!
i donot agree that it is uncivilised or medival age thinking - all we are concerned is with his / her activity should not in any way come into conflict with the organisations. we all are free to have our opinions and views.
Thanks for your response. When we are professionals, i don't seem to understand why should ego and immaturity peep in! it's pure business and we need to be vigilant about it,that's all.
From India, Vadodara
Perhaps you are getting my statements absolutely "Wrong"! I second that an employee is free to choose activity but it should NOT INTERFERE or CLASH with company's interest! My intial query did clarify that we weren't aware about what exactly it was.
The clause in appointment cleary states that outside employment is not permissible.If in any case an employee is having secondary employment for whatsoever reasons then i think the company should be made aware about it. Secondly, when you sign the so called "Confidentaility agreement and appointment letter" you ought to go as per the matters mentioned in it.
A company can run into huge losses if an employee is side by side carrying same activity by himself. May be he or she can offer serives ( might not be entirely )but on same lines to the client that too at half the price or an employee can divulge the details of client to another company or use it for his own benefits. I really do not see why a company should not express concerns about it. We all are matured professionals with self responsiblity .
Today it might be a case of secondary employment but tomorrow an employee could hide many other things too. how long will take to happen? my answer would be very soon.
Nowhere have I mentioned that privileges are chopped off once an employee takes employment at some company. unless and until it doesnt interfere with interests or an organization , we aren't bothered!
i donot agree that it is uncivilised or medival age thinking - all we are concerned is with his / her activity should not in any way come into conflict with the organisations. we all are free to have our opinions and views.
Thanks for your response. When we are professionals, i don't seem to understand why should ego and immaturity peep in! it's pure business and we need to be vigilant about it,that's all.
From India, Vadodara
As per my word, I’m posting the development of this case. This particular employee was undertaking similar profile business activity as our company’s. We didn’t actually have to do anything as one of our clients got this news from the market and he in turn did inform us. The employee was in partnership business acting more as signing authority but his names was involved too.
He has given it in writing undertaking responsibility of not getting involved into any future activity which might affect company’s business.
I sincerely express my thanks to all those who contributed in this thread.
Best Wishes to all.
From India, Vadodara
He has given it in writing undertaking responsibility of not getting involved into any future activity which might affect company’s business.
I sincerely express my thanks to all those who contributed in this thread.
Best Wishes to all.
From India, Vadodara
Hello Shalu,
I believe we both agree on principle to each other's point of view on conflict of interest. Beyond conflict of interest nothing is tenable or practical. We HR cannot spy on each employee's activities beyond work place. Principly we are hiring employees skills, competance and not employee himself to surrender his agenda of life.
I accept your conclusion to the extent that employer has right to confirm employees loyalty, integrity and fidelity with his organization.
Nothing beyuond this point is empoyers business to look into employees personel affairs.
I appreciate your points as good for debate.
Regards
Sawant
From Saudi Arabia
I believe we both agree on principle to each other's point of view on conflict of interest. Beyond conflict of interest nothing is tenable or practical. We HR cannot spy on each employee's activities beyond work place. Principly we are hiring employees skills, competance and not employee himself to surrender his agenda of life.
I accept your conclusion to the extent that employer has right to confirm employees loyalty, integrity and fidelity with his organization.
Nothing beyuond this point is empoyers business to look into employees personel affairs.
I appreciate your points as good for debate.
Regards
Sawant
From Saudi Arabia
Mr. Sawant
I completely accept your view point.
We are just hiring an employee’s services! I believe we all can decide by ourselves which of the activity falls under this purview and which doesn’t. Incase if it raffles us, then discussing it out or taking guidance (within organization or outside by competent persons) should help an individual. We are dealing with living beings where flexibility and understanding is a must and foremost in our H.R world
Thanks for pouring in your views. Unless and until we do not discuss it would not have been possible for us to have a look at both the sides of the coins
From India, Vadodara
I completely accept your view point.
We are just hiring an employee’s services! I believe we all can decide by ourselves which of the activity falls under this purview and which doesn’t. Incase if it raffles us, then discussing it out or taking guidance (within organization or outside by competent persons) should help an individual. We are dealing with living beings where flexibility and understanding is a must and foremost in our H.R world
Thanks for pouring in your views. Unless and until we do not discuss it would not have been possible for us to have a look at both the sides of the coins
From India, Vadodara
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