Navigating Code of Conduct Issues During Notice Period: How to Transition Smoothly to a New Job

rakesh-muthreja
One of my acquaintances was on a notice period for one month. His spouse started a business in her name, and he was assisting in establishing the business and handling promotions. However, the company stated that this action violated the code of conduct and rejected his resignation due to an ongoing investigation. He has an offer from another company to join after two months. Could you please provide guidance on what actions the company can take at most and how he can ensure a successful transition to the new company?

Thank you.
Dinesh Divekar
The spouse of an employee is free to pursue business interests of her choice. However, what remains to be seen is whether her business conflicts with the business of the employee's company. Did the employee or his spouse deal with the competitors of the company in which he is employed? What is the nature of the business of the employee's company, and what is the nature of the spouse's business? In what way are they connected? Did the employee's spouse deal with suppliers or customers of the company where her husband works? What evidence does the company have? How did they come to know about the activities of the employee's spouse?

What is the code of conduct?
Has the employee signed any code of conduct? Does the company have certified Standing Orders?

Now, an inquiry has been ordered. Therefore, the employee can submit an application for the early completion of the inquiry. He may state that the burden of the inquiry is weighing on his mind towards the end of his tenure. The matter is not overly complex, and the investigation should not take an extended period.

Thanks,
Dinesh Divekar
rakesh-muthreja
No, it is not a competition business. The code of conduct states that employees cannot be involved in business directly or indirectly. A complaint was made by a colleague, and messages from the employee's phone were checked to investigate the business activities of their spouse.
rakesh-muthreja
No, it is not a competition business. The code of conduct states that an employee cannot be involved in business directly or indirectly. A complaint was made by a colleague who checked messages from the employee's phone to find out about the business activities of the spouse. The employee was serving the notice period.
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