How to Firmly Address an Employee's Dual Employment with a Termination Letter?

I want to terminate an employee for working in two companies simultaneously—ours and a bank. I need a termination letter template written in a firm and direct manner to be sent to the other company to confirm the employee's misconduct in working for both organizations. Please provide the format as soon as possible.

Regards,
Jyoti

I do not understand what exactly you require. Do you require a draft of a termination letter, or do you want a letter to be sent to the company where you suspect him to be employed?

If you want clear proof, then I suggest that you send a letter stating that you have selected the person for employment in your company and you require feedback from them for your records. Indicate details like Date of Joining (DOJ), designation, Date of Leaving, and last drawn salary. If they respond based on the information, you can terminate him. If they do not respond, then make a call and ask for information regarding him and try to record the conversation. If they do not employ him, then there is no question of taking action.

Regards,
Sivasankaran

It is not clarified from your query what type of company you are referring to. If it is a factory, then Section 60 of the Factory Act, 1948 imposes restrictions on double employment. Additionally, there is a clause in the appointment letter and organizational employment form that states, "If at any stage the information provided by the applicant is found to be false, his/her services are liable to be terminated without any notice or compensation."

Thank you.

Do you have enough substantiation or evidence that the employee has been employed with the other company? If you have the required data, then call the bank for information. It is arduous in the beginning, but working on the basics is really important. Sending a letter to the bank can be quite chaotic. Therefore, work out things as a rule and then take necessary action after confirming the information.

There is no standard format for these types of actions. Unless you share more details, it will not be possible to draft a proper communication. In case you still need help, please email me at [Email Removed For Privacy Reasons].

Regards,
KK

Dear Jyoti,

If your employee is working in another company and you have sufficient materials about his work in that company, write a letter to the concerned employee asking him to clarify the matter. After the formalities, if he continues to be absent from your company's work and is working in the other company, initiate a suitable action such as sending a show-cause notice asking him why his services should not be terminated as he violated the terms of the appointment order (if it is included in the order) or as per the company's standing order/rules and regulations.

You may wonder why all these formalities are necessary—the employee may act to suit his convenience and may raise a dispute. To avoid any legal complications, it is better to comply with all these formalities.

Regards,
G.K. Manjunath Sr. Manager-HR

Your query is really valid. I suggest the draft as under:

Address it to the employee

Sub: Double Employment

Dear Sir,

It has been brought to our notice that while continuing in the service of our company, you have also taken employment with [insert specific bank name] in the capacity of [mention position] wef [mention date], and you are drawing salaries from both organizations.

This act of yours amounts to double employment and is not permissible as per the rules of the company, nor is it ethically permissible. It is violative of [specific para number] of the [mention specific rules] of the company.

Please submit your explanation to [name the authority] within 24 hours of the receipt of this letter as to why your services may not be terminated for the said act of misconduct as per the rules of the company.

In case no reply is received within the stipulated period, it will be presumed that you have nothing to say in this regard, and further action will follow without making any reference to you. Please sign the duplicate copy of this letter as a token of having received the same.

(.................................)

Before floating this letter, please collect the authentic information from the bank in this regard and also ascertain the rules of your company.

I hope this meets your requirements.

Regards,
S.K. Johri