sharbhavi10@gmail.com
Hello,

I have a query here. One of my friends was working in MNC A. The tenure with current employer is 2 months and she's still a permanent employee there.

For the purpose for self evaluation, she gave interviews for other organizations as well. Mistakenly, due to ignorance about the consequences she signed offer letter for the other organization and attended 1 day in another MNC B (during which she applied a sick leave in her current employer). But, sooner she realized that it may not be good. The project requirement for MNC B (which is a consulting company) is very critical and now she wan't to continue with the current employer. The manager from MNC B is threatening her to declare her case as absconding and will impose a case of dual employment on her, also threatened to send a mail to her future employer (which they think is MNC A, not aware that she's already working there).

Can anyone please let me know what can be done in this case? Also, what are possible actions MNC B can take? Will it create any issues with MNC A , If she admit that it was just a mistake?

Please suggest?

From India
HR_learning2006
45

Hi,

The Manager of Company B is at equal fault .He cannot take action against your friend for dual employment. He should not have allowed your friend to join even if it for a day unless and untill she has resigned and relieved from Company A.

If has been unprofessional by allowing an employee of a company to join his company even when she has not resigned from her previous job.

If the Manager of Company B is threathening your friend.She has a valid point to tell him that how he can allow her to join without Accepted Copy of Resignation Letter or Relieving Letter from Company A.

She can in return threaten the Manager of going to Labour Court for compelling her to join even when she was already an employee of Company A and further not providing profile /career as promised during the interview.

This throws light on the Culture of Company A which does not seem to have a professional culture.

I would suggest that your friend should not worry and continue her working with Company A .

I also assume that your friend has not been issued Appointment Letter on the very first day of her joining and her attendance was not enrolled in the Attendance System where in she might have marked her Attendance .Because these can be considered as valid proofs by Company B if they want to trouble your friend.

This action of Manager I forsee as a threat given only with 50 % chances of any such action to be taken by him.

He cannot file a case of dual employment against her knowing the fact that she has not resigned from Company A and that the Manager has allowed her to join without resignation letter.

Worst of worst situation if any thing negative happens,your friend should give an apology in writing to Company A and avoid such situations in future.

From India, Mumbai
sharbhavi10@gmail.com
Thanks for the reply.To be added here, Company B’s Manager was not aware that my friend is an employee of company A. Also, my friend availed leave for 3 days during which all this happened.
From India
Ddoaba
42

If she wants to work with company A, she may submit backdated resignation letter to company A.......She can resignation during leave.
Is she wants to continue with company A, she may politely declined to accept offer of company B.....
In future she should be careful and responsible....
It is not offence to appear for interviews

From India, Chandigarh
jkavitha22
5

Hi,
Pl note what your friend did was incorrect. Most of the time we blame the employers. If your friend had the courage to put up a leave application and attend not only the interview, but to serve the other company, she should be bold enough to face the consequences. Ultimately it was the result of her actions , which was inappropriate and unacceptable. If we expect the employer to be fair with us , then it is equally our responsibility to be fair and just in what we do with our employer.
JMK

From India, Hyderabad
aditya.iduri
1

Hi,

I completely agree with JMK.

Please think this situation from the employers perspective, if they also do the same thing with your friend then will she accept...? (or) say for example if the work at MNC B is very good and that is as per the expectations of your friend, then is she going to serve the company A for notice period as per their policy.. ?

Attending interviews is not a fault un-till and unless you really want to change a job. But just for the sake of knowing where you stand or for your self evaluations please don't do that... because there is a lot of time and process involved in selecting the candidates; for testing yourself you have online tests these days please check it there...

There are many people who are job less are eagerly waiting for the opportunities, they are counting each and every day please give them chance if you are really not interested in making a move.

Finally.. ask your friend to relax now but henceforth ask her to be responsible.

Thanks,
Aditya Iduri.

From India, Mumbai
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