If you want a clear proof, then I suggest that you send a letter stating that you you have selected the person for employment in your company and you require a feedback from them for your records and indicate things like DOJ with them, designation and Date of leaving and last drawn salary If they respond based on the information, you can terminate him If they do not respond, then make a call and ask for information regarding him and try to record converstaion, If they they do not employ him, then there is no question of taking action
It is not clarified from your query your company is what. If it is a factory then Section 60 of Factory Act,1948 put a restriction on double employment. Moreover there is a term in appointment letter and organizational employment form which says" if at any stage the information as supplied by the applicant is found to be false, his/her services are liable to be terminated without any notice or compensation.
Do you have enough substantiation or evidence that the employer has been employed with the other company. If you have the required data then call the Bank for info. It is arduous in the begining but working on basics is really important and sending a letter to the Bank is such haywire. Therefore, work out things as a rule and then take necessary action post confirming the information.
If your employee is working in another company and if you have sufficient materials about his working in that company, write a letter to the concerned employee asking him to clarify the matter. After the formalities, if he continue to absent from your co''s work, and working in the other co. initiate a suitable action such as sending a show cause notice asking him why his services should not be terminated as he violated the terms of the appointment order( if it is included in the order) or as per co's standing ordeer/rules and regulations of the company.
You may ask why all these formalities - the employee may act upon to suit his convenience and may raise a dispute. To avoid any legal complications, it is better to comply with all these formalities.
Your querry is really valid. I suggest the draft as under:
Address it to the employee,
Sub: Double employment.
It has been brought to our notice that while continuing in the service of our company you have also taken employment with.................such bank in the capacity of............................wef................. ............. and you are drawing salaries from both the organisations.
This act of yours amounts to double employment and is not permissible as per rules of the company nor is ethically permissible and and it is violative of para of ........of the.................rules of the company.
Please submit your explanation to.................(name the authority) within 24 hours of the receipt of this letter as to why your services may not be terminated for the said act of misconduct as per rules of the company.
In case no reply is received within the stipulated period it will be presumed that you have nothing to say in this regard and further action will follow without making any reference to you. Please sign the duplicate copy of this letter as a token of having reeived the same.
Before floating this letter please collect the authentic information from the bank in this regard as also ascertain rules of your company.
I hope this meets your requirements.
Thank you for the good contribution
This is like Mahabharatha - working in 2 places is right or wrong - the fundamental question is not considered
Only consideration has been Dharma as dictated by some old rules and every one has been telling how to spoil that poor man's life - so many fellows do Amway,LIC, Share market, NSS, Insurance from the company and all these fellows have a good hold on the management and so it is not wrong - when a man wants/needs to work and come up in life , the socialist Indians will rally against him , but will support against corruption !!
Only Ms Meena has been pragmatic - need more of Meenas for our country to come up
Hope the nation wakes up