Dual Employment Dilemma: Can We Issue a Charge Sheet for This Misconduct?

Dear Seniors and Colleagues, A very good afternoon to you all. One of our workmen has been found to be engaged in dual employment. This issue came to our attention when he submitted his PF claim for transfer. It has been discovered that he worked at another company for four months after leaving our factory premises, and his PF account statement is on record with us.

Next Course of Action

How should we proceed with the next course of action? Can we issue a charge sheet for this misconduct? If so, could someone provide a sample charge sheet template?

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

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

Employment Contract Clause

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

Impact on Performance

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

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