Facing Dual Employment Issues Due to Overlapping Dates on Experience Letter – What Should I Do?

I am currently working in an MNC company, which I joined on 23rd May 2013, and have been here for 2.5 years. However, in my previous company where I worked for 1 year, I resigned on 21st April 2013. Due to some family problems, I was unable to serve the full 30-day notice period. I completed 20 days, but my manager did not release me earlier, so I left. They marked me as absconding, but after paying the company, I received an experience letter. The letter states that I worked there until 28th May 2015, even though I had joined my current company on 23rd May 2013. My current company did not conduct a proper verification when I joined, but now they claim this is a case of dual employment, which is illegal according to Indian law.

I was unaware that this situation could arise. Please suggest what I should do. They are asking to amend the letter, but it cannot be changed. I am in a difficult situation, and my career may be at risk.

Regards,
Himanshu

I do not know why you suddenly showed your existing company the relieving letter after 2.5 years of working.

Anyway, the relieving letter is wrong. You can ask your previous company to have it changed. You may have settled your outstanding notice pay now, but your employment ended when you served part of your notice period. Otherwise, you would actually be eligible to rejoin the old company now.

Your current company is also making a mountain out of a molehill. They know very well you were not working there, so there is no question of double employment. You probably have your original resignation letter duly signed. No one can be on a notice period for 30 months, and you are also not getting a salary from there.

In India, double employment is not illegal incidentally. Only in the Factory Act does it specify that the employer is required to ensure that the working is not double shift in any other employment. You are not working in a factory. Actually, it was their duty to ensure that you are not working at more than one place at the same time.

Hi Himanshu,

If you have already paid the notice period, that means your last date of working should be the original one. If they are mentioning the last working date as 28th May 2015, then what is the requirement of paying the notice period since you resigned long back and did not withdraw your resignation? You can raise this point with your last employer; they should issue a new letter with the correct last date, which is the actual one.

Thanks

If it's 28th May 2013, then also your last date of working should be the one when you actually present and punch in the attendance. If they mention a date after the notice period for what they make a notice period deduction. Check your last pay slip of F&F; there must be the actual date mentioned, otherwise, they cannot prepare the correct F&F with the last date 28th May 2015.

Hello Himanshu,

You paid the company, after which you received an experience letter—when was this? Please clarify.

You resigned on 21 April 2013, so technically, your Notice Period starts the next day—22 April 2013. The Notice Period ends on 21 May 2013.

Regards,
TS