Dual employment - Can we give him a charge sheet for this misconduct?

Dear Seniors and Colleagues
A very good afternoon to you all. One of our workman has been found in the matter of dual employment the thing came to our notice when he submitted his PF claim for transfer. He has had worked in another company after leaving our factory premises for four months and his PF account statement is with us as a record. How can we go ahead with further course of action. Can we give him a charge sheet for this misconduct and if yes can any body provide the sample charge sheet to be

You have written that "He has had worked in another company after leaving our factory premises for four months". That means he is not with your establishment now. Then how can you take action? How will become a misconduct? He has already left your establishment, right?

Hi

I hope you mean that employee worked in another company after completing work at your factory on daily basis and still continuing services with you. If so it amounts to dual employment.

Do you have any clause in your employment contract which says that employee should not engage in any other work during the course of employment with you?

Have you observed any impact on the employee's performance / attendance due to this dual employment?

Just call the employee and enquire about this.. If he accepts issue strict warning advising him to refrain from doing so. In case of any recurrence you may proceed with charge sheet etc.