Navigating Dual Employment: Will Joining a New Job on Sick Leave Affect Future Opportunities?

I recently received an offer from a company in the Netherlands, but they wanted me to join in only 2 months. I have a 3-month notice period at my current employer in India. I requested an early release, but they refused. I served for 2 months with my current employer, and for the last month, I took sick leave and joined the new company in the Netherlands.

I had a conversation with my new employer about this situation, and they mentioned that they are not concerned about it as there is no background check process at their end, although it is not documented anywhere.

I am curious to know if, in the future, I decide to return to India, whether this action could pose an issue for my next employer. Your insights and suggestions would be greatly appreciated.

It depends on the Indian company whether they want to conduct a background check. Anyhow, to keep matters simple, it is better to express your inability to continue serving the company further. If you have leave to your credit (P.L./E.L./Annual Leave), seek adjustment of the balance to your credit against the remaining notice period. Otherwise, deposit the salary for the remaining notice period and request a formal release. This way, you will be free of this botheration.

Requesting Early Release from Notice Period

You can call your manager or email them, stating that you want to leave the company because you have found a better opportunity. As you are already serving a 2-month notice period, please consider granting me an exemption as no further notice is required, or allow me to take early leave.

If they refuse, you can offer to pay for the remaining days of the notice period via NEFT or DD, or deduct it from my Full and Final settlement. In case there are any Paid Leaves (PLs), please deduct those as well.

Remember, positivity begets positivity.

Documentation for Employment in the Netherlands

If you are certain that you will not return to India for employment, inquire with your Netherlands company if they need any documentation from your previous employer. If they do not require any documents, you can settle there permanently.

I have already started with a new company in the Netherlands. I have also completed the notice period of 3 months in my previous company and received a relieving letter as well. However, for one month, I had dual employment on paper. My current employer has no issue with this situation.

I am curious to know about the future prospects if I wish to come back to India.

Understanding Dual Employment and Sick Leave

I believe that your excessive contemplation is leading to confusion regarding whether surrendering one month's sick leave in lieu of serving the remaining notice period would constitute dual employment, given that you started a new job during that time. If the sick leave can be cashed out upon termination of employment in accordance with the law or the Leave Rules of your previous company, it would not be considered taking leave but rather adjusting it against the unserved notice period.

However, it is unclear from your posts whether you began working at the new company before being formally relieved from the previous one, and whether this is explicitly stated in the relieving orders that you were relieved after the sick leave period ended, as well as whether you were paid for that leave period. It seems unlikely that an employee would be relieved while on leave, and even if the order is dated later, the relief would typically be indicated to have a retrospective effect from when the employee went on approved leave, particularly if it relates to accepting the resignation and adjusting the unserved notice period, assuming no salary was paid for the leave period. In such a scenario, the issue of dual employment would not arise at all.