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Anonymous (e)     06 December 2012

Will this become dual employment..

Dear Sir,

I was working in a PSU as a probationary Officer, Due to unsuitable weather and climatic condiations at my working location, i was under sick leave by producing Doctors certificate , i was not willing to work ther any more.. So i dicided to submit my resignation.. I tendered my resignation on SEP 21st while in medical leave without specifiing reason of resignation.

Later on Oct 6th i recieved a letter from my appointing auhorities stating that

1.i have not mentioned valid reason for Resignation

2. not mentioned serving 3 months notice period.

3. under these Circumstances i was advised to re-submit resigantion letter mentioning valid reason for resignation , It also metioned in the same letter to arrange said amount in my salary account in lieu of notice period.

4. in case if your are employed in any other organisation without getting proper reliving letter , deciplinary action will be iniciated against you. ( Not mentioned in Appointment Letter)

In reply to this letter i have resubmitted my resignation on Oct 9th under Sick grounds ( Doctors Certificate enclosed) saying in continuation of my earlier letter dated Sep21.

.Meanwhile i got an offer letter from another PSU whose joining date was Dec3rd. I some how managed to extend my joining for a month. Here i have neither revealed about my past PSU to the new PSU (because i have not recived reliving letter till then ) nor about my new PSU to Past PSU ( thinking this may create any problem to relive).

In case if i didnot get reliving letter till my extension date. Can i join the new PSU after DEC21 ( my 3 months notice period will expire on Dec21). Or else it will be treated as Dual Appointment..

 

I am in Dilemma whether to join or not. Expert Advise is highly Required.

 

thanking you 



Learning

 6 Replies

Kumar Doab (FIN)     06 December 2012

Even if you have not mentioned your past employment experience in your resume submitted to new PSU you may have to enter details in employment/HR forms to be submitted to new PSU at the time of joining. You should have provided correct details.

Now you may have to convince the new employer for not submitting current and updated resume.

As you have resigned from old PSU it is not mandatory to provide details of future employment.

You have submitted unconditional resignation as desired by past employer and have affirmed that notice pay may be adjusted in your FNF statement/settlement.

It is believed that you have not signed any service agreement/bond with old employer.

You may submit another communication subsequent to previous ones  addressed to the good offices of your appointing authority, MD, with a copy to Head-HR for acceptance of resignation, payment of salary, and correct FNF statement { and affirm that if any amount is payable by you as per FNF statement after adjustment of notice pay it shall be paid by you as per FNF statement by a/c payee crossed cheque favoring company under acknowledgment  and company may issue receipt to you},Form 16 as per correct FNF statement amount, work experience certificate/service certificate, NOC/NDC, relieving letter, PF number, PF a/c slips of whole period of service {mention details with date}attested copies of PF withdrawal/transfer form {submit the forms} for submission to PF office by employee etc by redg post.

If your new employer is not buying out then notice period you may even agree to tender notice pay to old employer by DD/Cheque {under proper acknowledgment. Try to obtain demand in writing} and remain flexible, amiable and in touch.

Submit regular reminders and apply your skills, rapport, goodwill built during employment to obtain acceptance and relieving letter.

You shall need to convince the new employer for not submitting current and updated resume. You may find out how you would manage.

Apparently you have applied to new employer during period of sickness, appeared for interview selection process during sick leave and all without applying for and obtaining  NOC from old employer. If NOC is the condition in both or either of the PSU’s you shall have a situation at hands. This may be treated as violation and may have its own implications.

You may check with HR/personnel/admin of both the PSU’s and go thru service rules, HR policy, exit policy, standing orders of both PSU’s. A lawyer well versed with rules of both PSU’s may be in a position to guide and help you.

Valuable advice of learned experts/members is sought.

 

Anonymous (e)     07 December 2012

Sir, i thank you for your valuable advise.

Is it possible to join after Dec21,by this date my 3 months notice period gets expired.

Anonymous (e)     07 December 2012

For your information i have not recieved any salary from my prev PSU from Sep to till date.

Kumar Doab (FIN)     07 December 2012

You have posted that:

--“i have not recieved any salary from my prev PSU from Sep to till date.”

The company has to pay you full salary with all perks/allowances/benefits etc as mentioned in your appointment letter/CTC sheet/last salary slip.

Ideally employer should adjust notice pay @ Basic+DA. You may check your employment contract for rate of notice pay and the one you are willing to tender as per situation you are facing.

You can avail medical leave as per your eligibility and company my treat rest as LWP as per its leave policy. You may obtain copy of leave policy, service rules, standing orders etc.

If you were enrolled for mediclaim policy by company you may lodge your mediclaim with the company.

As you had resigned your last salary was blocked and should be computed in FNF statement, along with other payouts e.g. paid leave etc and payables by you to company e.g. notice pay etc.

It is felt that you should obtain acceptance of your resignation and proper relieving from previous company and clear all other issues with both employers as discussed in this thread before you join next employer. Once everything is clear you can join and have peace of mind.

Online discussion has its own limitation. It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person and proceed under expert advice of your lawyer. Your lawyer shall evaluate the merits and may opine that you can join/can join after obtaining NOC-acceptance of resignation-relieving letter. Your lawyer can also explain the probable issues you might face in next employment and the remedy you shall have. Once you have clarity you may proceed as deemed fit at your end.

It is suggested you should not act in haste.

Valuable advice of learned experts/members is sought.

1 Like

Sudhir Kumar, Advocate (Advocate)     08 December 2012

My dear,

 

It is PSU job you might have filled attestationf orm for joining new job whether it contains misleading misrperesentation regarding your present employment?

Kumar Doab (FIN)     08 December 2012

Mr. Sudhir Kumar has highlighted a very important point.

You have posted that:

--“ 4. in case if your are employed in any other organisation without getting proper reliving letter , deciplinary action will be iniciated against you. ( Not mentioned in Appointment Letter)”

You are still employee of this PSU as you have not been relieved. This PSU has not raised this point without any reason. You have been cautioned /warned.

It is suggested that you should not act in haste and fall into any legal trap and repent later.

Litigation can be stressful for some employees. Litigation can be lengthy.

You must evaluate all options.

It shall be appropriate to approach a competent and experienced service lawyer/labor consultant with copies of all of your documents and give inputs in person, without leaving any point and proceed under expert advice of your lawyer. Spend quality time with your lawyer and understand all options.


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