Dual Employment Law in India

 There is no particular provision in Indian employment law that addresses the legality of multiple
employment. Section 60 of the Factories Act of 1948 addresses the prohibition on multiple
employment in India for factory workers. The clause stipulates that no adult person may work in
a factory if they are currently employed in another.
 However, the regulation does not apply to all institutions because not every organization falls
within the definition of a factory under the Factories Act of 1948. Organizations that are not
governed by the Factories Act must include a dual employment provision in the appointment
letter, employee's agreement, or offer letter to explain the requirement for double employment.
 The employment agreement must indicate what limits have been set on multiple employment
and that the employee is not permitted to engage in extra work or profession until they are no
longer employed by their existing employer. This indicates that an employee cannot work two
jobs at the same time.
 The numerous state-specific Shop and Establishment Acts, which apply to establishments not
covered by the Factories Act, have rules for dual employment in the same institution in India.
The Delhi Shops and Establishment Act, for example, specifies that an employee cannot operate
in an establishment or factory after their legitimate employment time has expired.
 The definition of double employment under Shops and Establishment employment rules in India
varies since they govern an employee's job in the same establishment beyond working hours.
However, both the Factories Act and the Shops and Establishment legislation can be used to
restrict people from doing two jobs at the same time.
 Section 8 of Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946
stipulates that a worker cannot act against the interests of an industrial establishment by
obtaining dual employment in addition to their present position. Different Indian courts have
also held that termination of employment rules in India, which state that termination of an
employee who has taken up dual employment, is valid because having dual jobs affects the
employee's efficiency and productivity, as the employee fails to provide 100% efforts to their
job.
 The punishment for dual employment in India is not expressly established in Indian law.
According to numerous legal rulings, the repercussions of multiple employment in India are
firing of the employee with dual occupations.