I was joined in one IT company (A) on may 13 2022
Later i joined on another company (B)
On july 2022
Afterwards i told i am not interested to work in company (B)
Company(B) told return the salary and leave
After 7 months company (A) shared mail regarding dual employment and they scheduled a call also with HR
They shared some notice
Now my doubt is they will terminate me or can i request them to ask for generic resign
Please suggest the best way
From India, Chandigarh
Later i joined on another company (B)
On july 2022
Afterwards i told i am not interested to work in company (B)
Company(B) told return the salary and leave
After 7 months company (A) shared mail regarding dual employment and they scheduled a call also with HR
They shared some notice
Now my doubt is they will terminate me or can i request them to ask for generic resign
Please suggest the best way
From India, Chandigarh
Hi,
The correct term is dual employment and not double employment.
You left company A in 2 months time frame.. so did you got relieved properly or left without information?. Have you signed any training agreement with Company A or submitted any security cheques with them ?
If No means it should be normal warning letter for absence from duty.
From India, Madras
919The correct term is dual employment and not double employment.
You left company A in 2 months time frame.. so did you got relieved properly or left without information?. Have you signed any training agreement with Company A or submitted any security cheques with them ?
If No means it should be normal warning letter for absence from duty.
From India, Madras
Hi !!
As you mentioned on 13-5-2022, you have joined company A, without resign from A you joined other company B. Please check appointment letters of both companies & check terms, conditions. If employee’s contract contains non-compete and single employment clauses, the employers can consider moonlighting as cheating. However, it is not cheating when the employment contracts provide relaxations or do not have such a clause.
As per Shops and Establishments Act, Delhi ; Section: 9
What: Restriction on double employment ??
It says: ‘No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act.’
The Industrial Employment (Standing Orders) Central Rules, 1946, states that a workman should not work against the interest of the industrial establishment and should not take any additional employment which may adversely affect the employer’s interest.
From India, Bombay
As you mentioned on 13-5-2022, you have joined company A, without resign from A you joined other company B. Please check appointment letters of both companies & check terms, conditions. If employee’s contract contains non-compete and single employment clauses, the employers can consider moonlighting as cheating. However, it is not cheating when the employment contracts provide relaxations or do not have such a clause.
As per Shops and Establishments Act, Delhi ; Section: 9
What: Restriction on double employment ??
It says: ‘No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act.’
The Industrial Employment (Standing Orders) Central Rules, 1946, states that a workman should not work against the interest of the industrial establishment and should not take any additional employment which may adversely affect the employer’s interest.
From India, Bombay
It looks like Company A is treating this seriously, while working with them, you took employment in B and left it too, and went back to A. Now they have issued notice for double employment which is likely to result in severe action including termination. You may have to persuade them to accept your resignation. Otherwise, for all future references, you will be counted as terminated for double employment which is a blot on your character.
From India, Mumbai
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Enforcement of negative covenants in employment terms.pdf