krish7283m
Hi Sir,

I'm working in X - IT company and got offer with Y - IT company. last minute my current (X) company asked me to take the resignation back with hike amount but I didn't get the updated letter. I took resignation back but for safe side joined in Y company also and continued for 3 months. when I planned to resign from Y company they got information that I'm working in X company, then they terminated me and asking for 4 lakhs rupees. otherwise they are saying that they are planning to issue legal notice to me and X company.

Y company didn't mentioned anything about dual employment issue in offer letter.

Could you please help me? I don't have that much amount, Do I need to pay mount or can I ask them to go head with legal option?

I don't want to loose the job in X - company

Regards,
employee

From India, Hyderabad
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Krish7283m
Engineer

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KK!HR
1319

It was entirely wrong and illegal on your part to have worked in two organisations at the same time. Have you received Rs. 4 lakh as salary from organisation Y, they cannot at any rate demand more than what they have paid you. Legally, they do not have a strong case to seek Rs.4 lakh from you. In the offer of appointment of Y , is there any clause that you will devote your full time and energy for pursuing the business interests of Y?. If there is no such clause then it will help you further.
From India, Mumbai
krish7283m
Received the 4 lakhs rupees for 3 months in Y -company. Y - company didn’t mention anything about dual employment in offer letter. I didn’t misuse any data of both companies also.
From India, Hyderabad
krish7283m
Hi Sir,
I'm working in X - IT company and got offer with Y - IT company. last minute my current (X) company asked me to take the resignation back with hike amount but I didn't get the updated letter. I took resignation back but for safe side joined in Y company also and continued for 3 months. when I planned to resign from Y company they got information that I'm working in X company, then they terminated me and asking for 4 lakhs rupees. otherwise they are saying that they are planning to issue legal notice to me and X company. Received the 4 lakhs rupees for 3 months in Y -company. Y - company didn't mention anything about dual employment in offer letter. I didn't misuse any data of both companies also.

Y company didn't mentioned anything about dual employment issue in offer letter.

Could you please help me? I don't have that much amount, Do I need to pay mount or can I ask them to go head with legal option? I don't want to loose the job in X - company.

Regards, employee

From India, Hyderabad
umakanthan53
5886

Dear Krish,

Can't you think that it is not practically possible for a person to serve two employers simultaneously as a regular employee of both?
Just because the absence of an explicit prohibitory clause of dual employment in the contract of employment of the Y company, can you assume that you can work with the X company?
Then, won't it be a violation of the contract of employment with the X who has already given you a reasonable pay hike as a measure of retention of your services with them?
Don't you think that it is unfair on your part to join the other company when you had already withdrawn your resignation after accepting the offer of pay hike?
There is no mention whether you received salary for the period of dual employment from X also.
It is said that a bird in the hand is worth two in the bush. Probably you are going to lose both.
Ethical values are more important than any other thing in employment - whether it is an employer or an employee.
Better patch up with Y not to precipitate the issue by means of negotiation for a lesser pay-back to save your employment with X.

From India, Salem
vijay rakesh
1

Fully agree with Uakanthan sir. Even The Y company didn't mention anything about the dual employment issue in the offer letter it's your duty to inform The 'Y' about your position with 'X' .
From India, Jamshedpur
vijay rakesh
1

Fully agree with Uakanthan sir. Even The Y company didn't mention anything about the dual employment issue in the offer letter it's your duty to inform The 'Y' about your position with 'X' .
From India, Jamshedpur

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