Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Himanshu.Sekhar
Sr Associate
Hr@evantha.com
Hr Assistant Manager
+1 Other

Thread Started by #Himanshu.Sekhar

Hello Guys, I m currently working in an MNC company since last 2.5 years which I joined on 23/May/2013. However my previous company in which I worked 1 year I resigned on 21/April/2013 but due to some family problem I was not able to serve 30days of notice period I served 20 days but my manager didn't release me earlier so I left and they absconded me but after paying the company I received an experience letter but letter says I worked there till 28/May/2015 but I joined my current company on 23/May/13. My Current company didn't do a proper verification that time when I joined but now they are saying this is a case of Dual employment which is illegal as per Indian law.

I was not aware this could happen. Please suggest what I need to do they are saying to change the letter but the letter cannot be changed. Please help me I m in big trouble, suggest me what to do my career will be spoiled.

Regards

Himanshu
6th September 2015 From India, Delhi
I do not know why you suddenly showed you suddenly showed your existing company the relieving letter after 2.5 years of working.

Anyway, the relieving letter is wrong. You can ask your previous company to have it changed. You may have settled your outstanding notice pay now, but your employment has ended when you served part of your notice pay. Otherwise you would actually be eligible to rejoin the old company now.

Your current company is also making a mountain out of a mole hill. They know very well you were not working there. So there is no question of double employment. You probably have your original resignation letter duly signed. No one can be on notice period for 30 months. And you are also not getting salary from there.

In india double employment is not illegal incidentally. Only in factory act it specifies that the employer is required to ensure that the working is not double shift in any other employment. You are not working in the factory. And actually it was their duty to ensure that you are not working at more than one place at the same time.
7th September 2015 From India, Mumbai
Himanshu, If you have paid notice period that means your last date of working should be the original one, if they are mentioning last date of working 28th May 2015 then what is the requirement of paying notice period as you resigned long back and didn't withdraw your resignation. You can put this point to your last employer they must renew the new letter with last date as the actual one.
Thanks
7th September 2015 From India,
If its 28th May 2013 then also your last date of working should be the one when you actually present and punch in the attendance. If they mention date after notice period for what they make notice period deduction. Check for your last pay slip of F&F there must be the actual date mentioned otherwise they can not prepare correct F&F with last date 28th May 2015.
10th September 2015 From India,
Hello Himanshu,
You paid the company after which you received an experience letter--WHEN was this?
Pl clarify.
And you resigned on 21 April, 2013--so technically your Notice Period starts from the next day......22 April, 2013. And then the NP ends on 21 May, 2013.
Rgds,
TS
29th September 2015 From India, Hyderabad
hello, i want a mail format for informing regarding the dual employment of employee to the new company hr. Regards,
1st March 2017 From India, Bengaluru
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