Dual Employment (India and Netherland) - joined new company while on sick leave? - CiteHR
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy

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I recently got an offer from a company in Netherland but they wanted me to join in 2 months only. I have 3 months of notice period at current employer in India. I asked to early release but they refused it. I served for 2 months in current employer and for last month i applied sick leaves and joined new company in Netherland.
I had a word with new employer about same and they said they are not bothered with it as there is no background check process at their end but it is not written anywhere.
I want to know if in future i want to come back to India, will that create an issue for next employer.
I highly appreciate your suggestions.
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It depends on the Indian company whether they want to make background check. Any how to keep matters simple it is better that expressing your inability to serve the company any further , if you have leave to your credit (P.L./E.L./Annual Leave), seek adjustment of the balance to your credit against the remaining notice period or else you deposit the salary for the remaining notice period and seek formal release. Thus you will be free of this botheration.
You can just call up your manager or email them saying that I want to leave the company as I got better opportunity and you know that I have already served 2 months notice and rest please give me exemption as No Notice required or early leave.
If he say no that you can inform them that I will pay my rest days against notice period in favor as NEFT or DD or recover in FNF If there are PL's then deduct the PL's.
Ask in Positive and Receive Positive.
If still you feel that you will never comeback to India for employment. Ask your Netherlands company whether they require any documents from previous employer, if they doesn't require then settle there permanently.
I have already started with new company in Netherland. Also, completed notice period of 3 months in previous company and got relieving letter as well.
But for one month, I have dual employment on paper. My current employer has no issue with it.
I am curious to know about future prospects if I wish to come back to India.
Dear friend,
I think that your excessive thinking creates the confusion in your mind whether the surrender of your one month's sick leave in lieu of actually serving the remaining notice period would amount to dual employment since you joined the new job during that time. If the sick leave is encashable on termination of employment as per any Law or as per the Leave Rules of your previous Company, it can not be availment of leave but its adjustment against the unserved notice period only. However, it is not clear from your posts whether you joined the new company before getting formally relieved from the previous one and whether it is specifically mentioned in the relieving orders that you were relieved after the expiry of the sick leave and whether you got salary for the leave period. I don't think that any employee would be relieved while he is on leave - even if the order is on a later date, the relief would have been mentioned to take retrospective effect from the date the employee proceeded on the approved leave only when it is consequent on the acceptance of the resignation of the concerned employee and against adjustment of unserved notice period provided you were not paid salary for the leave period. In such a situation the question of double employment would not arise at all.
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