Facing Dual Employment Issues: Will I Be Fired or Can I Resign Gracefully?

I was hired at an IT company (A) on May 13, 2022. Later, I joined another company (B) in July 2022. Subsequently, I expressed my disinterest in continuing to work for company (B), and they requested the return of my salary and my departure. After 7 months, company (A) sent an email concerning dual employment and also arranged a call with HR.

They provided some notice. Now, I am uncertain whether they will terminate my employment or if I can request a generic resignation from them. Please advise on the best course of action.

Hi, The correct term is dual employment and not double employment. You left Company A within a 2-month timeframe. Did you get properly relieved, or did you leave without information? Have you signed any training agreements with Company A or submitted any security checks to them? If not, then it should be a normal warning letter for absence from duty.

Hi! As you mentioned on 13-5-2022, you joined company A without resigning, and then you joined another company B. Please check the appointment letters of both companies and review the terms and conditions. If an employee's contract contains non-compete and single employment clauses, employers can consider moonlighting as cheating. However, it is not considered cheating when the employment contracts provide relaxations or do not have such clauses.

Shops and Establishments Act, Delhi: Section 9

What: Restriction on double employment?

It states, "No person shall work about the business of an establishment or two or more establishments or an establishment and a factory in excess of the period during which he may be lawfully employed under this Act."

Industrial Employment (Standing Orders) Central Rules, 1946

The rules state that a workman should not work against the interest of the industrial establishment and should not take any additional employment that may adversely affect the employer's interest.

It looks like Company A is treating this seriously. While working with them, you took employment in Company B and left it too, then went back to A. Now, they have issued a notice for double employment, which is likely to result in severe action, including termination. You may have to persuade them to accept your resignation. Otherwise, for all future references, you will be counted as terminated for double employment, which is a blot on your character.