I Need Your Help To Understand The Situation Is That Comes Under Dual Employment

Dear friends, I need your advice for a certain case where one employee is serving a notice period in company A and is in talks with another company B to switch over.

During the notice period, without proper consent from the employee, company B has generated an e-code for the employee. Company A tried to retain the employee during the notice period. The employee got convinced and informed company B that they are not able to join their organization. Company B disclosed that they had created an employee code even though no documentation was given by the employee.

Does this incident fall under the law of dual employment? Kindly share. ASAP

Dear Ashu,

Did you receive the Appointment Letter from Company B? If the company has not yet issued it, or even if they have issued it but you have not acknowledged it, then the employer-employee relationship is not established. Above all, it is not just a matter of receiving the Appointment Letter; you must join on the specified day. Only after you join will the formal relationship be established. Without this relationship, any actions taken by Company B are unenforceable.

It seems that Company B may have acted prematurely. Regardless, that is their internal matter. By the way, what exactly is an e-code? Are you referring to them assigning you an Employee Number in their HRIS/HRMS? If so, they have indeed counted their chickens before they've hatched. Nothing is as hasty as this!

Thanks,
Dinesh Divekar