Legal Question in Employment Law in India

I am working in a PSU in hyderabad which deals with manufacturing and R&D of power generation equipment. (I am a permanent employee on regular rolls.)

I want to earn some additional income and for this I want to take tuitions for school and college students in my free time after office hours.

My company rules state that:

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No employee of the Company shall except with the previous sanction of the Competent Authority, engage directly or indirectly in any trade or business or undertake any other employment:

Provided that an employee may without such sanction,

(i) undertake honorary work of social or charitable nature; or

(ii) undertake occasional work of literary, artistic or scientific character

Unless otherwise provided by general or special orders of the Company, no employee will accept any fee for any work done by him for any private or public body or any private person without the prior sanction of the Competent Authority.

EXPLANATION: The term 'fee' used here shall have the meaning assigned to it in Fundamental Rules 9(6A) reproduced hereunder:

TEXT OF FUNDAMENTAL RULE 9(6A)

"Fee" means a recurring or non-recurring payment to a Government servant from a source other than the Consolidated Fund of India, or the Consolidated Fund of a State (or the Consolidated Fund of a Union Territory) whether made directly to the Government servant or indirectly through the intermediary of Government, but does not include:

(a) unearned income such as income from property, dividends, and interests on securities; and

(b) income from literary, cultural, artistic, scientific or technological efforts if such efforts are not aided by the knowledge acquired by the Government servant in the course of his service.

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Can i do it without informing or seeking permission from my company?


Asked on 5/29/14, 6:59 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

29.05.2014

Dear Sir / Madam,

As you would unnecessarily be putting your job in jeopardy, it is not advisable to engage in any remunerative activity without prior permission.

Regards,

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Answered on 5/29/14, 7:09 am


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