Actually one of my friends asked this question, about which I couldn't get a clue. Though I'm into freelancing since long, but never worked as an employee of a corporate company. I would appreciate any kind of info on these lines. Suppose Mr X works for an Indian IT Company Y (fixed day job) and at the same time he does part time freelancing for extra bucks. First Question - Is it legal in India? Second Question - Can the IT Company Y sue Mr X because what he's doing as a freelancer is related to that he gets paid by company Y? Assume that he's neither using any of the resources/tools that belong to Y and it does not affect either Y's business and X's performance in Y. And also his attendance, presence, daily office timings are not affected.
What company Y doesn't know can't hurt them. I would imagine that what someone does in the privacy of their own home is their business only. The only exception to that rule I can see is if the freelancing work is in direct competition with the corporation in question.
1. It depends, as you said, on Indian law. What;'s not even an issue in the US can be a felony in India. And vice-versa. 2. If the person is doing work that competes with the company, and has signed a non-compete agreement, he's in violation of the agreement. (And he could be liable for all the money the company could have earned.) 3. He could be guilty of all sorts of infringements. If he's using what he learned at the company - even little coding tricks - for someone else's benefit, it could be theft. Again - it depends on Indian law, and maybe the laws of the locality (state, city, whatever) he's in.
More than the laws in India, it depends on the company policies I believe. At the time of induction all of such things are communicated and clarified, post which you're required to sign a contract wherein all such details are listed. Also mentioned are the legalities related to the same. But in my opinion, if you're working for an 'X' company, but freelance for the same company when not at work - no matter what you do, you'll surely land up in big trouble if caught. There might be some argument, from your side (though a weak one) in case you freelance for a 'Y' company while still at service in 'X'. In both the cases, company policies can get you in trouble no matter what.
BB-OM, company policies don't exist as far as the law is concerned. The law isn't concerned with company policies, it's concerned with the law. Contracts are legally enforceable, company policies are not.
its legal there is no issues .... the only thing is that you should be able to allocate time to both of them