Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
+3 Others


I have a question about legality and the ethics of the situation that I am in.

I am in the UK for the last 2 years. Before moving here, I was working for a big MNC in India. When I was migrating here I took leave on loss of pay and came here to search for a job. After coming here, I found a job in 3 weeks and was asked to join immediately.

So I joined on 20th of May and the employer did not ask for the relieving letter. I put my papers on the 18th of May at the MNC in India and got my letter dated 13th June. Now I am moving on to another company which treats reference checks very seriously and am worried about how best to explain this situation.

So my questions are

1. Is it legal to join Company A in UK while I was on leave (loss of pay) at Company B in India.

2. Would it be a case of unethical conduct for me to have done what I have done and will it affect my chances of not clearing the reference check.

Will look forward for you replies.

Thanks in advance for the support.



From United Kingdom, London

Well whatever be you have done this is somewhat unethical if it is included in yours employment letter given by MNC in India that during the employment with the company you are not eligible to work with another company, individual, partnership on full time or part time basis . just check that clause and ideally company in India was supposed to take action agianst you if it was included in their appointment letter

As far as reference part is concerned ...if rest things are alrite ,,,just give them all details ..let them to verify them ...if they found anything in reference check they will definitely ask you for explanation if you r potential employee just try to make them understand that due to some problems you was supposed to move to UK and you will be required to stay in UK so you had informed to India compan verbally as they were not very much willing to relieve you so they had given you leaves and ask me to join back if yours circumstances allowed so i hadnt given resignation previously and so on........

From Malaysia, Kuala Lumpur
Thanks Seema,
I understand that what I have done might be unethical. But have there been people who have had this problem and have come out unscathed?
Do you think that if I were to speak to my previous employer and explain them the situation, would they then put a penalty on me and give me a no objection letter.
Just looking for people who have had similar experience.
Thanks Again,

From United Kingdom, London
Dear DeepinTrouble
You were on leave (loss of pay) when you came to U.K.
So, you "actually" stopped working, since the day you took leave.
Meanwhile, you joined a company on 20th of May.
Before joining, you took the precaution of sending your resignation letter to your earlier company on 18th of May.
Now, your company gives you a letter, (supposedly, a relieving letter), on 13th June.
Now, you are worried that since this letter was dated 13th June, and you had already joined the new company on 20th may; whether you have committed a grave error/sin/crime ?
Well; suppose your previous company has not issued you any 'letter', or does not intend to issue any such letter in future; WOULD YOU HAVE REMAINED UN-EMPLOYED FOR THE REST OF YOUR LIFE ??
Try to find the answer, which will also help you in resolving your dilemma.
I do not think any company wold be dumb enough, not to understand this, when you explain these circumstances.
Warm regards.

From India, Delhi
Thanks Raj,
Absolutley the way I look at the issue. However, it is these reference check companies that I need to deal with where I do not get a chance to explain.
So this is what happens
Employement Dates
At Company A: 10-May 2007 to 13-June 2008
At Company B: 20-May 2008 to 19-Aug-2010
I do hope the compay that I am joining is not dumb enough or conservative enough for this.
Cheers again Raj,

From United Kingdom, London
Dear Deep in trouble,
You can inform the company C (new company) in advance about the overlapping so no questions arise instead of them asking you.
Additionally, you should have asked/ you can ask now to the company A for a reliving letter where in the last working date is mentioned as your resignation date (which is usually the practice).

From India, New Delhi
Another option can be :
Employement Dates :
At Company A: 10-May 2007 to 18-May-2008 (Date of Resignation; Relieving letter dated 13-June 2008)
At Company B: 20-May 2008 to 19-Aug-2010
Hope the above would be useful.
Warm regards.

From India, Delhi
Thanks Neha and Raj,
Asking Company A is out of the question as I know it wont happen.
As per Neha's suggestion, "You can inform the company C (new company) in advance". What shall I say is the reason for this? Reason needs to hold water.
Would really appreciate some good reasons that can help

From United Kingdom, London
Dear DeepInTrouble, Will you please tell me how did your issue get resolved? I am too facing a very similar problem. Your inputs will be really helpful. Thanks, Tiya
From United States, New York
Dear Tiya_Tiya/DeepinTrouble, Even I am in same boat. Can anyone of you please tell what happened with this issue?
From India, Mumbai
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