One of my known was on notice period from one month. His spouse started business with her name. And He was helping to establish business and promotions. But company said it is violation of code of conduct and rejected his resignation due to investigation going on. And He have offer of other company to join after 2 months. So Please help what company maximum can do and how he can save himself to join successfully new company.
From India, Rohtak
Dear friend,
Spouse of an employee is free to pursue business interest of her choice. However, what remains to be seen is whether her business conflicted with the business of the employee's company. Did the employee or his spouse dealt with the competitors of the company in which he is being employed? What is the nature of the business of the employee's company and what is the nature of the business of spouse? In what way they are connected? Did employee's spouse dealt with suppliers or customers of the company (where her husband works)? What evidence the company have? How they came to know the activities of employee's spouse?
What is the code of conduct? Has the employee signed any code of conduct? Does the company have certified Standing Orders?
Now as such the enquiry has been ordered. Therefore, the employee can put up an application for the early completion of an enquiry. He may write that the burden of enquiry is weighing on his mind at the fag end of his tenure. As such the matter is not that complex and investigation should not take that long time.
Thanks,
Dinesh Divekar

From India, Bangalore
No it is not compitition business & code of conduct says employee cannot involve in business directly or indirectly. And complained done by colleague and checked massages from phone of employee to know about business activity of spouse.
From India, Rohtak
No it is not compitition business & code of conduct says employee cannot involve in business directly or indirectly. And complained done by colleague and checked massages from phone of employee to know about business activity of spouse. And employee was serving notice period.
From India, Rohtak

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