Legally you can work at one place only.

You can't do dual appointment on record it's against labour law. Part time jobs can be done but not full-time. Don't admit the same else you will be terminated

Dear Client,

No one can work more than 12 hours a day. You have to keep secret the working.

Under the employment law in India, there is no specific provision that talks about the legality of dual employment in India. Section 60 of the Factories Act, 1948 talks about the restriction on double employment in India, on people working in factories. The provision states that no adult worker is allowed to work in a factory when they are already working in another factory.

The law, however, is not applicable to all institutions, as not every organization falls within the meaning of the factory under the Factories Act, 1948. Organizations that are not covered by the Factories Act must specify the stipulation related to double employment by way of dual employment clause in the appointment letter or employee’s agreement or offer letter. The employment agreement must state what restrictions have been placed on double employment and that the employee is prohibited from engaging in additional employment or profession till they’re under their current employer’s services.

Any work that links with your current work or could be considered within due course of employment has to be permitted by your employer. There are no legal provisions strictly to govern by practices and contractual rights determine the same

In your case your employer issued a notice .Thus, it restricts from taking any other job while being employed by another employer.please note that while the standing orders are in force, if there is any conflict between your employment contract and certified standing orders, the certified standing orders will prevail.

It is very important to factor the above scenarios and seek prior approval from your Full Time Employer before engaging in any outside business opportunity, however benign and lucrative it may appear to you.

Management question is without substance. You are free to over time job after school but school can question arbitrarily. 

Management is wrong but what to do.

Even if there is no conflict of duty hours or interest I'd the service regulations restrict an employee to work two different jobs simultaneously you can not help.

Most organisations have this kind if restrictive service condition which can not be termed as illegal as well. 

So you have no choice. 

Good luck. 

Depends on your employers schedule. Some employers keep a set schedule for their employees and others will just require you to come in when they want you and it interferes with your other jobs schedule.

make sure you understand your obligations to your employer because violating the terms of your employment can lead to both termination by your employer. 

You cannot during course of your employment work in another place 

it is ground for termination of your services 

Even so you cannot work in restaurant while working as school teacher 

1. If there is no condition in your contract with school which precludes you from working in any other organisation then no civil wrong has been committed by you.

2. Reply to the notice and state that you have not violated any of your contractual obligations.

Since the two jobs  are not related to each other and that, there is no conflict of interest, you can continue.  Mare sure that, your work at school is not disturbed / impacted because of the  part time job.

Part time job is your personal choice, the school cannot insist you since there is no conflict of interest.

You reply to the notice of school.

It is right to eke your livelihood, as long as, it is not disturbing the regular job and there is no conflict of interest, you can go ahead.

Dun think about that

1. IF the School is not a Govt. School but a private management, THEN you are entitled to do several jobs, without any reference to the First job, PROVIDED no conflict of interest is applicable.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

- There is no provision in Labour Laws , that an employee working in a private employee cannot do separate business , like a government employee cannot enter into dual employment, i.e. cannot do financial, gain  from another source, unless he is authorised in writing by the concerned department. 

-  Hence, you will have to follow the restriction & rules, which you have signed at the time of joining your position in the said school . 

- If there is no restriction for the same, or your offer letter/appointment letter does not say anything about the same, then you can do second job as well. 

1. You need to send reply to the notice that why have you choose to work on second job and that job is not a full time job.

2. Also that second job is not having any adverse effects on your duties with school. 

you cannot work simultaneously at two places especially if the employer is objecting your job at a different place.

Unless any of the employer specifically prohibits you from undergoing any other job whilst in full time employment with them which they normally do, it is perfectly legal for you to work for two employers

But your school is objecting to your second job hence you cannot work at a different place while being employed with the school.

You cannot claim it as a legal right.

Therefore before the school authorities taking any disciplinary action against you, better you may quit the restaurant job and give proof to the school authorities to that effect.

Under the employment law in India, there is no specific provision that talks about the legality of dual employment in India. Section 60 of the Factories Act, 1948 talks about the restriction on double employment in India, on people working in factories. The provision states that no adult worker is allowed to work in a factory when they are already working in another factory.

The law, however, is not applicable to all institutions, as not every organization falls within the meaning of the factory under the Factories Act, 1948. Organizations that are not covered by the Factories Act must specify the stipulation related to double employment by way of dual employment clause in the appointment letter or employee’s agreement or offer letter. The employment agreement must state what restrictions have been placed on double employment and that the employee is prohibited from engaging in additional employment or profession till they’re under their current employer’s services. That means that an employee can not take up dual jobs.

In addition, the various state-wise Shop and Establishment Acts applicable to establishments not covered by the Factories Act lay down provisions regarding dual employment in India in the same institution. For instance, the Delhi Shops and Establishment Act states that an employee cannot work in an establishment or factory in excess of their lawful employment period.

Double employment meaning under Shops and Establishment employment laws in India differs as they regulate the working of an employee in the same establishment after the working hours. However, both the Factories Act and Shops and Establishment laws can be applied to prevent employees from taking up double jobs.

Section 8 under Schedule I-B of the Industrial Employment (Standing Orders) Central Rules, 1946 states that a workman cannot work against the interest of an industrial establishment by taking dual employment in addition to their existing job. Different Indian courts have also held that termination of employment rules in India which states that termination of an employee who has taken up double employment, is valid as having dual jobs affects efficiency and productivity of the employee, who fails to provide 100% efforts to their job.

Only one work place is allowed untill primary employer gives you the permission 

1. If you are a permanent employee of the school  having service conduct rule which prohibits its employees to work for gain in any other place, then you shall have to abide by the said service conduct rule of your school.

2. You can show your service at the Restaurant as voluntary not taking salary on records.

1. You shall have to abide by the service conduct rule of your school.

2. Show the part time job as voluntary service to your friend without drawing any salary as suggested in my earlier post.