Madhu.T.K
Industrial Relations And Labour Laws
Rkjain29
Manager - Employee Relation
Unusual_indu
Hr -generalist,(web Development Company),recruitment,performance
Hr. Khaiser Ali Shah
Hr - Consultant / Generalist
Joe0506
Senior Hr Professional
+2 Others

Thread Started by #Joe0506

Dear all,
I have a situation wherere, an employee joines another organization without submitting the resignation to the first employer. The first employer comes to know about it and tries to follow up with the employee. The employee is not bothered about it and doesn't turn up. In this case, what an employer can do to the ex-employee (Who's still an employee).
Now my query on this is :
- Can an employer go legal against that employee?
- How the employee can be punished so that he doesn't do this with any other employer?
- If an employee is at a junior position (i.e. a sales person in a Retail shop, goes away with uniform, id card, etc.), and he does this, then what an employer can do to the employee.
Please revert.
30th May 2008 From Korea
Hey Joe,
In this case the employer can definately go legal against the employee. As per the employment clase any can not get employed with two companies simuntaneously. Its like marying another person without divorcing the previous. Its very much illegal.
Please go ahead and file a legal case against this person and teach him a lesson.
Regards
Anurag
30th May 2008 From United States
Hi Joe
Greetings for the day
According to me it is very important to know what has been mentioned in the offer letter or appointment letter.If there is a clause on " No dual employment" then you can take legal actions stating that he is simultaneously working with two organisations.
Sometime back I posted a similar kind of problem on this site and the above solution was put forward by one of the senior members with a legal background
I hope this makes sense to you
30th May 2008 From India, Pune
Well said by Ms. Sujata Tiwari. These are issues which have to be handled amicably in the first instance. If you go for legal action against such employees, you do not get time for other work. An employee who leaves without intimation, if summoned to explian the causes, may have his own reasons which may become another head ache to you only. Ensure that id cards are not misused. Publish the matter in newspaper that he has no connection with the company and any person dealing with him will be dealing in his own risk. That is enough.
Being employed in more than one organisation is not a severe offence on the part of an employee unless provided in the certified Standing Orders of the company. One can take employment in different firms and collect salary also. But there can be an arrangement for that. As far as an employee, especially those at lower category are concerned, they are least bothered about submitting resignation letter and getting relived in a proper way.
Regards,
Madhu.T.K
31st May 2008 From India, Kannur
Madhu T.K. Sir, what is meant by the prohibition on double employment according to Factory act...... plese give us proper interpretation
27th March 2010 From India, Calcutta
Dear Joe,

Do you have any documentary evidence of his working with the 2nd employer, if you have, then simply send a legal notice to the current employer with documented details of his existing employment status with your organization and demanding his immediate termination from his present job due to this offense and if the current employer fails to do so then you may file a lawsuit against the present employer and pull him to the court of justice for a fair judgement.

If he is a sales person in a Retail shop, goes away with uniform, id card, etc. there may be other assets like cash or stock/goods pending with him - you may ask for an auditing / inventory of your belongings with him and there are many trade secrets that he may expose to your competitors etc.

There are many other ways! where an employer is given equal protection as to the employee, please see a good advocate and discuss this problem and also show all the existing evidences and seek his assistance in solving this problem and let him handle the case professionally.

Hopes replied to your query, should you need further support, please do not hesitate to contact me.

Best Regards,

Khaiser Ali Sha
28th March 2010 From Saudi Arabia, Riyadh
As suggested by Khaiser Ali Shah, you can not send a legal notice to an employer demanding your previous employee to be sent out. It may be maintainable in Saudi Arabia but not in India because there exists no monetary or other relationship between the two employers. In the absence of any consideration flowing from the previous employer to the present employer how can the previous employer sue the present employer?
To be practical, it is advisable to terminate the employment by sending letter stating that the employee has abandoned the job and is not interested to resume work.
Double employment in Factories Act refers to such employment wherein an employee is asked to do two different jobs at a time but does not mean two alternative jobs carried out at different intervals.
Regards,
Madhu.T.K
28th March 2010 From India, Kannur
Dear Mr. Madhu TK,
Sir, the employee has not obtained the no due certificate, not completed the handing over part and kept all the documents, data which are very critical for the organization (like the customers information / business reports etc etc.,) and other related materials like uniform, ID card etc etc then joins some other company where the information is available with the previous company should we not send a letter to the employee saying that you are required to complete the relieving / handing over formalities and leave with a copy to the present employer may not be a negative thing in my opinion. Because this may alert the present employer also in these scenarios. Pl. correct me if I am wrong.
Regards - kameswarao
29th March 2010 From India, Hyderabad
If the employee has been unfair and has not handed over the documents and Id cards, then you can ask him to surrender the documents and get the full and final clearance done. In this process the new employer is not a party and it will be sensible to call on him. Certainly, you can caution the employer by sending a letter about the employee but it will not work if the new employer also knows all these facts and he is taking advantage from the employee who left you.
Regards,
Madhu.T.K
30th March 2010 From India, Kannur
Dear Mr Madhu T.K

I have added my bit to this discussion earlier but still after going through your reply I am very tempted to post a reply once again based on my observation in such a situation

Firstly in this kind of a situation an emlpoyee stops responding to calls or emails so there is hardly any way left to get in touch with him except reaching out to him on his residence number if we have it in our personal records.

Secondly when they go absconding it is needless to say that they are not interested in their releiving letter,resignation letter or arrears due(if any)

Thirdly if they have left the organisation with valuable information like customer data in most cases they do it purposely so that they can encash such data after joining competition.

Fourthly in most cases its a typical example of poaching and hence the new employer is aware of everything and refuses to cooperate with the previous organisation.

Keeping in mind all that I have mentioned above do you think that asking him to surrender the documents is going to help in any way ?

I have observed that in all your posts you have discouraged Joe to take legal action. I understand it is too much of a hassle to get into legal action but sometimes employees leave us with little or no option.

I would love to know your views on the same

We have a lot to learn from you

Thanks and Regards

Indrani Chakraborty
31st March 2010 From India, Pune
Dear Indrani,
I follow your valuable inputs. I have also said that without cooperation from the new employer, it is not possible for us to take any action against an absconded employee. As you said it will always be with silent permission of the employer that such things happen and it is because of this backing that these employees abscond without caring for relieving order or service certificates.
Certainly I discourage legal actions against such employees because it will not work in time. I have taken a strong stand against taking legal steps against the employer (New) in reply to Khaiser Ali Shah because I believe that with out having any 'consideration' or value in return the suit will not be maintainable.
Any way, the issue was raised in 2008 and I do not know what happened to Joe's issue then.
Regards,
Madhu.T.K
1st April 2010 From India, Kannur
Dear Mr Madhu T K
Thank you for your reply .I understand it has been long since Joe posted this topic but I wanted to participate in this discussion since this problem has almost become an everyday occurence.
The only way to fight this nuisance is to, we as HR professionals should ensure that a new joinee in our organisation has completed the exit process in his/her previous organisation and has a valid releiving letter from the past organisation
This however is an ideal situation but most of the times it becomes difficult to adhere to such professional ethics as recruiters have very steep targets to meet.
Thanks for adding your bit to the discussion
2nd April 2010 From India, Pune
Dear all,
I have a situation wherere, an employee joines another organization submitting the resignation to the employer. The employer comes to know about it and tries to follow up with the employee. The employee is not bothered about it and doesn't turn up. In this case, what an employer can do to the ex-employee (Who's still an employee).
Now my query on this is :
- Can an employer go legal against that employee?
- How the employee can be punished so that he doesn't do this with any other employer?
- If an employee is at a junior position (i.e. a sales person in a Retail shop, goes away with uniform, id card, etc.), and he does this, then what an employer can do to the employee.
Please revert.
Emergrncy
18th September 2013 From Bangladesh
Sending all the details to the present employer is not advisable better call the employee to give the resignation and ask him to settle all dues if any and relieve him from the company after finishing all formalities further u can Publish the matter in newspaper that he has no connection with the company and any person dealing with him will be dealing in his own risk. That is enough.
or if he is a sales rep.. inform all your customers that he is relieved from your company. Since it is everyone's freedom to relieve from one company and join in another company but provided every employee should be loyal to his company during his service. -This is my opinion
regards
Manogharan G
18th September 2013 From India, Bangalore
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