Is there any law present in India, prohibiting attending interviews while you are on duty in other organisations.
From India, Cochin
From India, Cochin
Dear Om Chinmay,
Employees are paid for the duties they do during working hours. During working hours, they are expected to discharge their duties faithfully and diligently. While at work, they are expected to spend their time in the interest of the company. Attending an interview does not serve the interests of the company in any way, therefore, it is an act of impropriety.
However, how did someone come to know that an employee attended an interview while on duty? Is there material evidence? On discovery of the said action of the employee, did someone ask him/her to submit a statement in writing? If yes, then did the employee admit to having attended the interview? To initiate disciplinary action, you need to have material evidence. Disciplinary actions cannot be initiated on hearsay.
Now coming initiating disciplinary action. You will be able to take action provided you have approved and certified standing orders and not just that but what is impropriety is clearly defined as misconduct. In the list of misconducts, if the acts of improprieties are not defined, then you cannot take action under the provisions of standing orders.
If not standing orders, then what about the appointment letter? Has any code of conduct been defined in the appointment letter? If yes, then are their clauses related to "working in the interest of the company" or "working faithfully", "breach of trust" etc.? If yes, then you may take action under the provisions of these clauses in the appointment letter.
If you have material evidence of the misconduct, then issue a show-cause notice to the employee. Give him a chance to defend his case. If the explanation is not satisfactory or if no reply is received, then the administration of your company reserves the right to initiate disciplinary action. However, in such a case, the employee may be told to resign. However, while telling him, ensure that he/she does not record the conversation. Officially, it should appear as a normal separation from the company.
Thanks,
Dinesh Divekar
From India, Bangalore
7883Employees are paid for the duties they do during working hours. During working hours, they are expected to discharge their duties faithfully and diligently. While at work, they are expected to spend their time in the interest of the company. Attending an interview does not serve the interests of the company in any way, therefore, it is an act of impropriety.
However, how did someone come to know that an employee attended an interview while on duty? Is there material evidence? On discovery of the said action of the employee, did someone ask him/her to submit a statement in writing? If yes, then did the employee admit to having attended the interview? To initiate disciplinary action, you need to have material evidence. Disciplinary actions cannot be initiated on hearsay.
Now coming initiating disciplinary action. You will be able to take action provided you have approved and certified standing orders and not just that but what is impropriety is clearly defined as misconduct. In the list of misconducts, if the acts of improprieties are not defined, then you cannot take action under the provisions of standing orders.
If not standing orders, then what about the appointment letter? Has any code of conduct been defined in the appointment letter? If yes, then are their clauses related to "working in the interest of the company" or "working faithfully", "breach of trust" etc.? If yes, then you may take action under the provisions of these clauses in the appointment letter.
If you have material evidence of the misconduct, then issue a show-cause notice to the employee. Give him a chance to defend his case. If the explanation is not satisfactory or if no reply is received, then the administration of your company reserves the right to initiate disciplinary action. However, in such a case, the employee may be told to resign. However, while telling him, ensure that he/she does not record the conversation. Officially, it should appear as a normal separation from the company.
Thanks,
Dinesh Divekar
From India, Bangalore
While at work, attending interviews is plain Unethical practice. If you are being paid for an 8-hour work, wasting time, not focussing on the job in hand, etc are considered unethical. Imagine for a moment that you are running a company. One of your employees informs his Team Lead that he is visiting a prospective customer in another part of the town. However, he ends up in your competitor's office to attend an interview. You come to know of it the next day, through another person or an employee. What will be your reaction at that moment? Just think over!
Best wishes
From India
Best wishes
From India
Attending interview at another company during normal working hours of a company is unethical and can create discipliary problems for employee.
Employee can take leave and then attend an interview,nothing wrong in that.
while on duty you are to work for the company which pays you.Attending interview is morally and ethically wrong.
From India, Pune
Employee can take leave and then attend an interview,nothing wrong in that.
while on duty you are to work for the company which pays you.Attending interview is morally and ethically wrong.
From India, Pune
Hi,
There are altogether different practices in Public Sector and Private Sector with regard to attending interview in other companies, while on duty. As far as Government/Public Sector is concerned, there are clear cut guidelines whereby the employee has to apply through proper channel for outside employment and their release on final selection shall be as per their terms of employment. Where application is not routed through proper channel or prior permission is not obtained or permission denied for outside employment, in that event, if applied for outside employment, such act on the part of employee, is deemed to be as misconduct under Conduct, Discipline & Appeal Rules, for which appropriate action may be taken as per rules.
With respect to Private Sector, some of the companies have their own rules / guidelines to regulate forwarding of applications for outside employment. However, majority of the private companies do not encourage their employees to seek employment outside. Thus, often employees apply directly for outside employment, without the knowledge or consent of their employer, and upon selection they just tender their resignation by giving the prescribed notice period as per their terms of employment. Now coming back to the issue for attending interview while on duty, employees simply take a day off, on one ground or the other, without citing the real reason of attending interview, so as to avoid any kind of embarrassment or conflict of interest.
JSM
From India, New Delhi
There are altogether different practices in Public Sector and Private Sector with regard to attending interview in other companies, while on duty. As far as Government/Public Sector is concerned, there are clear cut guidelines whereby the employee has to apply through proper channel for outside employment and their release on final selection shall be as per their terms of employment. Where application is not routed through proper channel or prior permission is not obtained or permission denied for outside employment, in that event, if applied for outside employment, such act on the part of employee, is deemed to be as misconduct under Conduct, Discipline & Appeal Rules, for which appropriate action may be taken as per rules.
With respect to Private Sector, some of the companies have their own rules / guidelines to regulate forwarding of applications for outside employment. However, majority of the private companies do not encourage their employees to seek employment outside. Thus, often employees apply directly for outside employment, without the knowledge or consent of their employer, and upon selection they just tender their resignation by giving the prescribed notice period as per their terms of employment. Now coming back to the issue for attending interview while on duty, employees simply take a day off, on one ground or the other, without citing the real reason of attending interview, so as to avoid any kind of embarrassment or conflict of interest.
JSM
From India, New Delhi
No such law is existing to prohibit one to attend or face interview.
But one can not attend interview while on duty. It is misconduct,if one does so while on duty and for this act the employee can be liable for punishment as per laid down policy of the establishment.
You can take leave to attend the interview.
From India, Mumbai
But one can not attend interview while on duty. It is misconduct,if one does so while on duty and for this act the employee can be liable for punishment as per laid down policy of the establishment.
You can take leave to attend the interview.
From India, Mumbai
No such law is existing to prohibit one to attend or face interview.
But one can not attend interview, while on duty putting his attendance. It is falling under misconduct,if one does in duty hour. And for this act the employee can be liable for punishment as per laid down policy of the establishment.
One can take leave to attend the interview, if so desirous.
From India, Mumbai
But one can not attend interview, while on duty putting his attendance. It is falling under misconduct,if one does in duty hour. And for this act the employee can be liable for punishment as per laid down policy of the establishment.
One can take leave to attend the interview, if so desirous.
From India, Mumbai
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