Navigating Dual Employment Scenarios During Notice Period and Transition to New Company

Hi All,

I have a query on an urgent basis.

I have 1.5 years of experience in an MNC, let's call it company A. I resigned from company A on 10 Feb 2010 and was relieved on 10 March 2010 as I received an offer from company B. I joined company B on 30 March 2010. During this period, I also attended other interviews. I was in talks with another company, let's say company C, where I was offered double the package compared to company B. I interviewed for company C on 25 March. Although I had already joined company B on 30 March, I was informed by company C that I was selected with a higher package. Therefore, I resigned from company B on 8th April and was supposed to be relieved on 24 April due to being on probation. Company B instructed me not to come to the office for the notice period. They took back my access card and disabled my log-ins since I was a new joiner and they didn't want to pay me for the remaining 7 days. I discussed this issue with the Head HR of company C, who mentioned that they do not consider my experience at company B and offered me the package based on my experience at company A. They wanted me to join on 15 April 2010 and were fine with me not showing the experience from company B as they were not interested in it.

My questions are:

1) Could this be considered a case of dual employment, given that I am getting relieved from company B on 24 April and joining company C on 15 April, although company B asked me not to come to the office for the notice period and I completed all exit formalities?

2) Do I have enough evidence to prove that this was not dual employment, considering that company C does not consider my brief experience at company B and wants me to join them promptly? Am I at risk of facing any consequences?

3) Company B is NASSCOM registered, meaning they conducted my National Skills Registry. Company C is also NASSCOM registered, but the Head HR mentioned that they do not verify employees through NASSCOM and are willing to take me on board quickly. Should I be concerned about any potential risks to my future career where future companies may question the gap between my relieving date at company B (24 April) and joining date at company C (15 April)?

Assumptions: Company A, B, and C are well-known brands in the market. There were no conflicts while leaving Company B.

Can you please assist me as soon as possible? I need your help urgently.

Thanks to all in advance. I am looking forward to an answer, preferably from HR.

Dear Friend,

The notice period is a safety measure for any organization to ensure that all transitions, projects, and tasks are smoothly shifted from the employee who is moving out to the employee who will take the responsibility. In your case, I believe company B should not have any problem releasing you as you are a new joiner and currently under training. The decision of your immediate relieving entirely depends on your HR's hands. There is also the option of buying out your notice period; please check for this option.

Secondly, company C may not consider your experience at company B as you have only worked there for 7 days, which is equivalent to 0 experience. To join company C earlier, you will need to obtain a No Objection Certificate (NOC) from company B for your next job.

Thirdly, it is not guaranteed that company C will allow you to join after receiving NASSCOM verification. They may permit your entry, but the final decision regarding job continuity will rest with the HR Department of company C.

Please let me know if you need any further clarification or assistance.

Best regards,
[Your Name]

Thank you, Aditya.

However, I think that if I am not getting paid by Company B for 7 days that I was in the company and not for the notice period of 15 days (since I am not supposed to go to the office), I don't think that there is any harm in joining Company C on 15 April. Dual employment is only when you get paid by both employers for the overlapping period (in this case, I am not supposed to get any compensation from Company B at all). Can you please review this?

Thanks in advance. Kindly help me out.

Others, please input your views.

Thank you.

Hi Yash,

There is a simple way out of this. You have already mentioned that you have not spoiled relations with any company. In this case, all you need to do is talk to the HR of Company B and request them to give you a relieving letter dated 14 or 15 April instead of 24 April. Once you have submitted your notice of resignation, it is the company's prerogative to decide when to relieve you. If you have been asked not to attend the office during the notice period, then the company should not have any problem issuing you a relieving letter that is predated by one week. Go ahead and have a conversation. This should most likely resolve your issue of dual employment.

Regards,
Gaurang