Dual Employment Dilemma: Can I Hire Without a Relieving Letter from Previous Job?

Understanding Dual Employment

What is dual employment? If someone fails to produce a relieving letter or acceptance of resignation from their previous employer, can I allow them to join my organization, or would that be a violation of dual employment? Please let us know.

Thank you.

Regards,

Dear Dual Employment means working with two employers at the same time and receiving two salaries. Normally, all appointment letters have a condition prohibiting this. In case you resign from one company and join another employer, it will not be considered dual employment. However, if you claim a salary from your first employer by falsely stating that you are on leave, then it is considered dual employment.

With regards,

Advocates & Notaries & Legal Consultants [HR]

E-mail: rajanassociates@eth.net

Mobile: 9025792684.

Thank you, Mr. Rajan. However, if someone resigns but their employer doesn't accept the resignation and does not provide a relieving letter, can I allow that individual to join my company? They are unable to provide me with an acknowledged resignation or relieving letter. Please guide.

Dear [Employee's Name],

Kindly confirm your resignation in writing once again and request a relieving letter. This request can be sent by Speed Post with Proof of Delivery (POD) and a copy marked to the CEO of the Company. Please ensure you provide an undertaking that you will furnish the required documents within a specific period.

Once the above steps are completed, we can proceed with your formal exit process, and you can be officially relieved from your duties. Following this, you will be required to initiate the process for the transfer of your Employees' Provident Fund (EPF).

With Regards,

Advocates & Notaries & Legal Consultants [HR]
E-mail: rajanassociates@eth.net
Mobile: 9025792684