Is this dual employment? requesting your advice, please help

Of course. You are in dual employment. Also repeated query. And it seems companies are sharing employees data. But when X is ready to compromise already by giving full salary means they themselves need you and are setting matters correct themselves. Then why to worry? Unless of course you have lied to X in writing in mail. In that case no way to escape. But just tell them you were bored and for not idling you went to Y for time pass.

No, I'm sorry. This is not a repeated query. Atleast not posted by me ofcourse.

But as far as dual employment is concerned when an employee resigns the relationship stands cancel so on 31st when I resigned from X that should be my last working day and I requested them to send f&f statement also so that I could pay back to complete the formalities. And then I joined Y on 02nd November. Again I left Y on 11th and they sent my account for f&f and then I joined X on 21st November. So on no days I was working with both the companies legally speaking. Then how it can be termed as Dual Employment? I never asked X company to give me full month's salary. On the contrary I have all the emails and SMSs where I have repeatedly requested them to release me and make the f&f.

No I haven't lied to X. When I joined back on 21st November they never asked me in writing where have I been for those 22-23 days so I didn't say anything. 

In it's recent verdict SC confirms that if an information is never asked for then action can not be taken on suppression of fact or submitting false information  https://judis.nic.in/supremecourt/imgs1.aspx?filename=43820

Please correct me if I'm wrong.

The problem is I can not tell X that I went to Y. The only solution is if Y doesn't pay me at all.

Basically when I joined Y I had no intention to deceive them and that's why I had sent repeated emails to X to close the chapter. Same applies with X also. The only deception I did was suppress of facts in Y as well as X. But somehow due to my chaotic nature and lack of understanding the gravity of my actions lead me to such a situation.

Looking forward to have some guidances from the learned members of this community.

Someone with name aditya python had posted same to same query on 23rd dec16 and later deleted the original post text. However comments by advocates are still there to be seen. I had read it before python deleted his original text.

Sorry, I don't know about that post. So I can't own it. However I've definitely posted this same question in another forum today morning. And there also I have only used my first name, I didn't use my last name so as to keep myself as much anonymous as possible. Anyway, looking forward to receive some guidance from the expert members of this forum. Is there any chance of me not getting into any big trouble? Or there is no hope at all. Kindly suggest.

1) You have deliberately supressed facts 2) misconduct is a generic term which can be applied to any situation irrespective of whether something specific about sutuation like this one is mentioned in joining letter/contract. 3) Acceptance or non acceptance of salary is not important thing. Breach of trust (again generic) is the important thing for both companies. 4) If X / Y come to know of situation and let it go then its ok. Otherwise no. Also check what you told the boss at Singapore on phone.

Subsequent to your last post.

Although you have stated that you have not found any clause on dual employment in appointment letter or the standard code of conducts, you may also check in any other document e.g; Service Rules, HR Policy for employees, Conduct and Discipline Rules, certified standing orders if establishment has it and covers your designation....................... 

Don't submit leave application to X.

On the same email trail of resignation, to X,  you may write to  X that you have resigned on dated.....................and joined another establishment Y and did work from dated......................to dated.........................and on persuasion ( if written attach copies/or narrate verbal ones by mentioning call from number dated/time.......,emails etc  ) by Mr/Ms.................designation.................name of company.............address.............. you have resigned from Y.......................and rejoined X on dated..................

 

Post it preferably by letter thru Redg. Post.

The Sub Postmaster may agree to attest copy of your letter that you insert in cover.

Download tracking report from India post website and also obtain; POD from PO (Free) and certified copy of run sheet of postman (against Rs.10/-) and also under RTI both: POD and and certified copy of run sheet of postman.

Also submit copy of the letter at reception where all dak is received under seal and signature and diary number.

Also post  it  from personal email id and Also attach copy of the letter  tracking report of India post website, and acknowledgment from reception of X and request to send ( rather obtain) acknowledgment.

 

To Y you have already resigned.

Obtain acknowledgment and acceptance of resignation and service certificate, relieving letter, FnF statement, NOC/NDC.

 

Since X wants you it can regularize your service without break by an executive order (with a copy to you and in your personnel file) , moreover it has NO policy on Dual employment as per you.

 

Or it can write to you that for all practical purposes like Gratuity, service record/continuity, PF, etc it shall not consider any break in service.............

 

Or it can issue new appointment letter and pay any loss of Gratuity etc ................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Your service neither with company X nor with company Y is/was very long. As you have now settled with company X,  make a clean breast of everything with them (X) and tell them that you need not want salary for your period of absence. You do not accept salary from Y. Company X may condone your action or discharge you from service. You have to risk that. The dual employment was only technical and not intentional on your part. Hence just clear everything in the manner suggested so that no Democles' sword will be hanging over your head. Reduce everything to writing and get acknowledgement from company X. Good luck.

Y can not erase the employment record. It has to comply with various registers prescribed under enactments that apply to it.

For your own record get from Y : acknowledgment and acceptance of resignation and service certificate, relieving letter, FnF statement, NOC/NDC.

Settle with X as suitable to you.

Dear Kumar Sir, Thanks for your valuable suggestions and sorry for the late reply. I think what you have suggested is the only way to go out of this. And I shall do it on Friday when I'll reach my base station and go to office. But tell me one thing please, is this really a dual employment? Isn't submitting resignation ends the relationship between employer employee? Do we need employer acceptance? When employer terminates with immediate effect he doesn't need my acceptance then when I'm moving out of the contract why do I need his acceptance when I'm ready to pay the damages mentioned in the appointment letter. Here I'm talking about company X. As far as company Y do I need their acceptance as I didn't sign the appointment letter which I didn't get?. Submitting resignation with immediate effect doesn't end the relationship here? Please don't take it otherwise I'm just curious because it's a bit hotchpotch in my case and I had no idea whatsoever what I did up till a few days back and then I realized it. And last but not the least can the employers, both of them file fraud case against me under IPC for cheating because I had actually suppressed/concealed material facts. While joining Y I didn't tell them about X. However when they sent me the offer letter and when I accepted that I was working with some other organization and that happened in August. And hen I joined back in X they didn't ask me where had I been in writing so I had no compulsion to tell them either i suppose. Requesting you to kindly hlp me understand these few questions in legal perspective. On the other hand I'll do exactly the way you asked me to do whatever it takes even if it means termination. Thanks once again.

Dr. Ramani saab, It seems Y is not going to let me go. I have told them over ph earlier that just close it, neither i iwe you anything nor do you. But they are repeatedly saying for our 'Audit' purpose we have to give you salary. There are so many companies in th market who don't give the employee/ex employee their dues after leaving and here I worjed with such an organization who doesn't want to let me go without paying me even though I had worked for 7 days only. What an irony!!. But I must appreciate this though it's going against me. Thanks for your invaluable suggestions.

refer

https://www.lawyersclubindia.com/forum/details.asp?mod_id=145387&offset=1

What you have done is only technically dual employment. It was unintentional on your part. Any action is wrong only if there is mala fide intention behind it. If X still accepts you after knowing everything, you do not have to worry about Y. You may accept what Y gives you with knowledge and permission of X and with whatever conditions, if any, that they may impose..

Yes, I'll tell them tomorrow. But the question is how do the companies come to know about an employee in such a case? How they find it out if he suppresses the fact entirely. However in my case since my intention was not to deceive anybody I think telling X the truth is the only way out and I don't think they won't take any legal action against me even if they terminate me.

Yes the query is also posted at:

https://www.lawyersclubindia.com/forum/Is-it-dual-employment-am-i-into-deep-trouble--145387.asp

Although, it is not clear why it was completely erased, after posting and getting responses from members/experts.

It is  not clear why you are pointing to IPC/apprehending any action against IPC?

 

Another querist has asked a query, asking if criminal action ( under IPC)  can be taken against an employee in  situation as in query, at following link:

https://www.lawyersclubindia.com/forum/Can-we-take-a-criminal-action-against-such-an-employee--145442.asp

 

The employee has severed the employer-employee relationship the moment employee has resigned.

Employee can resign with notice or permission. Rest can be per service conditions applicable to establishment and employee.

As already posted establishment Y is right, since it has to comply with law of the land, various enactments: registers prescribed under the enactments. Since you have joined and worked it cannot erase the record. So you must have record of joining, attendance, having worked, having been eligible for salary, and resigning, and getting relieved.So you may obtain all documents from Y and keep these safely.

With X also you may build irrefutable written record as already suggested.

Thus it may suffice with both X and Y.

Rest you may take with your own able counsel specializing in Labor/Service matters at your location, with copies of all docs on record and give inputs in person and share everything that you might not have shared in this thread and don’t conceal anything from your own counsel , spend quality time and understand merits and options.

You are aware of the facts and are best judge of facts and matter

Apply your own judgment thereafter and proceed as suitable to you.