Professional + part time employee

POSTED BY Sachin Patil ON March 8, 2013 5:47 pm COMMENTS (2)

Hello friends,

I am a professional. I work at a place as a part time employee for last 15 years with benefits of gratuity and PF. TDS is also deducted everytime I am paid.

I am also working as a professional other than the above job at a different place (my own place). 

I pay taxes on my clubbed income from both the places. As I work as a professional, I cannot claim standard deduction.

However, now the employer has raised a query – As I am working as a professional outside, I cannot work as a salaried person. They think it is against the law. They have suggested that I work as a professional even at my part time job. But then I will loose gratuity and PF. My employer is ready to continue as before (as a salaried job), however they will require an undertaking from me that it is my responsibility.

My question is – Am I really breaking any law? My CA says no. In my CA is doing same thing. He is a teacher at a managment college as a salaried person. In his spare time he also does private practice, audits various PSU banks etc.

So – Can I work as a salaried person and an independant professional at the same time?

2 replies on this article “Professional + part time employee”

  1. Dear Sachin, the interpreation taken by your part time employer is wrong. Unless your employment’s T&C explicitly bars you from taking any other assignment outside your job (like govt. employees can not do any other side job for afee or pay), you can very much earn income from multiple sources of your choice.

    I’m unable to understand what type of undertaking your employer askig for that responsibility thing?

    thanks

    Ashal

    1. Sachin Patil says:

      Thanks a lot Ashal,

      You have taken the load of my mind.

      About that undertaking, they are still drafting it so I am not sure what the exact wording is going be. Probably something like – I am responsible paying tax and filing the return of income other than my salary etc. That’s my responsibility anyway.

      Thanks,

      Sachin

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