How Should I Handle a 4-Day Dual Employment Issue That’s Causing Anxiety?

Hello All, I have 4 days of dual employment, which includes last Saturday and Sunday. It was during the time of the pandemic. This overlap is not between my recently joined company but between my last-to-last company. My last company has no issue with this situation. However, when I was about to onboard the new company, they asked me for the Relieving Letter for 8 Dec. I have an email dated 2 Dec where I clearly stated my resignation and requested to be released as soon as possible. Despite this, they issued the Relieving Letter with the date 12 Dec. By then, I had already joined my last company on 9 Dec, and my last-to-last company released me on 12 Dec, leading to a 4-day dual employment scenario. I only worked for 1 month in that company, and there were delays due to the pandemic. I believe this one month of experience may not be considered.

My previous company did not raise any concerns about this matter, so I was unaware of the dual employment situation until my current company brought it up during onboarding. They have informed me that dual employment is illegal in India. Despite my attempts to explain the situation, they insist on correcting the date on the Relieving Letter. This delay in the process is causing me anxiety, especially since I am currently unemployed. It is distressing to handle this situation.

Please provide me with your suggestions on how to proceed.

Location: Pune, India Tags: dual employment, new company, relieving letter, Country-India, City-India-Pune

Understanding Dual Employment in India

In India, dual employment refers to a situation where an individual is concurrently employed by two different employers without the knowledge or consent of both parties. It is crucial to address this issue promptly to avoid any legal implications and maintain professional integrity.

Steps to Resolve the Dual Employment Situation

1. [Icon indicating urgency] Contact the Previous Company: Reach out to your last company and request them to correct the date on your Relieving Letter to reflect the actual last working day accurately.

2. [Icon indicating communication] Communicate with the New Company: Keep the new company informed about the progress with the Relieving Letter correction. Provide them with regular updates to demonstrate your commitment to resolving the issue.

3. [Icon indicating patience] Exercise Patience: Understand that bureaucratic processes may take time, especially considering the current circumstances. Stay patient and maintain open communication with all parties involved.

4. [Icon indicating legality] Legal Consultation: If needed, seek legal advice to ensure that all steps taken are compliant with Indian labor laws and regulations regarding employment terminations and dual employment.

5. [Icon indicating professionalism] Professionalism: Throughout this process, maintain a professional demeanor and remain transparent with both your previous and new employers to mitigate any misunderstandings or conflicts.

6. [Icon indicating documentation] Document Everything: Keep records of all communications, emails, and any other relevant evidence to support your case and demonstrate your efforts to rectify the situation.

By following these steps diligently and seeking the necessary assistance, you can navigate through this challenging situation effectively and resolve the dual employment issue in a professional manner.

For further clarification or specific guidance, consider consulting with a legal expert specializing in Indian employment laws.

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