How Can My Colleague Prove No Dual Employment and Respond to a Show Cause Notice?

My colleague joined Company X on May 2, 2022, and resigned on May 4, 2022, as he received an offer from MNC Company Y. However, Company X refused to provide a relieving letter for those three days. On May 5, he joined MNC Company Y. In the EPF Service History, it clearly states the Date of Joining (DOJ) and Date of Exit (DOE) as mentioned above. He recently received an email from Company Y regarding dual employment and yesterday received a show cause letter for the same.

There is no dual employment between the two companies. Please help him prove that he is not involved in any type of dual employment and guide on how to respond to the show cause notice.

Responding to Show Cause Notice Regarding Allegations of Dual Employment

To effectively address the show cause notice and prove that there was no dual employment involved, follow these practical steps:

🔍 Gather Documentation:
- Compile all relevant documents, including the offer letter from MNC Company Y, EPF Service History, resignation letter from Company X, and any communication with both companies.

🔍 Review Company Policies:
- Familiarize yourself with the employment policies of both Company X and MNC Company Y regarding notice periods, relieving letters, and dual employment clauses.

🔍 Draft a Detailed Response:
- Clearly explain the sequence of events, emphasizing that there was no overlap in employment between the two companies.
- Highlight the short duration of employment at Company X and the immediate transition to MNC Company Y.
- Attach supporting documents to substantiate your response.

🔍 Seek Legal Advice:
- If needed, consult with a legal expert specializing in labor laws to ensure your response aligns with legal requirements and protections.

🔍 Submit Response Promptly:
- Adhere to the timeline specified in the show cause notice and submit your response promptly to avoid any misunderstandings.

🔍 Request Support from HR Department:
- Engage with the HR departments of both companies to clarify any discrepancies and seek their assistance in resolving the issue.

By following these steps and presenting a comprehensive response, you can effectively demonstrate that there was no dual employment involved and address the allegations raised in the show cause notice.