This issue has been openly discussed, especially among IT professionals, as some of them have reportedly resorted to part-time jobs during the Covid pandemic.
Published Date – Mon, 19 Dec 22 at 07:09pm
New Delhi: Workers are not allowed under the legal framework to do any type of work outside of their jobs that is against the interests of their employers, but the government has not conducted any study on the issue, parliament was told on Monday.
When a company’s full-time employees take on an additional job, often without the employer’s knowledge, it’s called part-time.
This issue has been openly discussed, especially among IT professionals, as some of them have reportedly resorted to part-time jobs during the Covid pandemic.
“Under the Industrial Employment (General) Act 1946, a worker shall not at any time (type) work against the interests of the industrial establishment in which he is employed and shall not engage in any work outside his employment establishment which may affect his employer’s Interests are being adversely affected,” Rameshwar Teli, Minister of State for Labor and Employment, said in a written reply to the Lok Sabha.
Teli was responding to a question on whether the government considers part-time employment to be a valid reason to fire an employee.
On whether the government observed layoffs due to part-time employment, Turley said, “Employment and layoffs, including layoffs, are common occurrences in industrial companies. There is no specific information that layoffs are due to part-time employment.” When any study had been done on part-time work in the country, the Minister replied, “No sir.” On the question whether the government had instructed companies not to fire employees for part-time work, the Minister stated that in IT, social media, edtech companies and related Multinational companies and Indian companies have jurisdiction in matters related to their respective state governments.
However, he told the House that matters relating to layoffs and redundancies in industrial enterprises are governed by the provisions of the Industrial Disputes Act 1947 (ID Act), which also regulates aspects of layoffs and the prerequisites for redundancies.
He said under the ID law, businesses employing 100 people or more must seek prior permission from the relevant government before closing, downsizing or reducing staff.
Furthermore, he said any layoffs and retrenchments are considered illegal and it is not done under the provisions of the Identity Card Act.
The ID Act also provides for dismissed and retrenched workers’ rights to compensation, and it also contains provisions for the re-employment of laid-off workers. Under the respective jurisdictions delineated under the Status Act, the central and state governments act under the provisions of the Act to address workers’ problems and protect their interests.
Among the agencies under the central government, the Central Industrial Relations Mechanism (CIRM) is tasked with maintaining good industrial relations and protecting the interests of workers, including matters related to layoffs and layoffs and their prevention, he said.
The Minister also informed the House that employment and layoffs, including layoffs, are a common occurrence in industrial establishments and that there is no specific information that layoffs are due to part-time jobs.
