Dual employment

Kailash jha (Querist) 17 June 2016 This query is : Resolved
Hi,
I am kailash jha i was working with a comany from last 1 year 4 months and resigned from the same on 10th june 2016 without serving notice period of 30 days and joined a new company on 13th june 2016. Now the problem is that my previous supervisor is continuously sending me mail that i have to serve the required notice period but it is clearly mentioned in the offer letter which i got at the time of joining that if i don't serve the notice period i have to pay for it, and i am ready to buy it. But he is forcing me to serve the required notice period and saying me that if i join any other company before 9th july they will do a dual employment case against me. Will there will be any problem in background check up with my current company? Advise me please what should I do. ..
Thanks
Kailash jha

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adv.bharat @ PUNE (Expert) 17 June 2016
You must serve notice before you leave company.
If you are ready to pay equivalent compensation then give notice before they start dual employment case against you through lawyer for the same.

Kailash jha (Querist) 17 June 2016
Yes i have already told my supervisor as well as to my HR that i am ready to pay the amount

Kumar Doab (Expert) 17 June 2016
Have you submitted notice of resignation with some notice or resignation with immediate effect?

Have you submitted notice of resignation or resignation with immediate effect, in writing under proper acknowledgment? If yes have you submitted email or letter thru Redg. Post? Do you have copy of resignation , proof of dispatch and delivery, POD etc?

Why are you asking, telling, verbally?

Why don't you reply in writing?

What is reason expressed by company in emails for not allowing you notice pay in lieu of notice period, although it is part of T&C in appointment letter ( as per you)?

Rajendra K Goyal (Expert) 17 June 2016
Have you resigned in writing with acknowledgement?

Has they sent you any letter regarding notice period?

Please reply the questions raised by the expert Kumar Doab.

Kailash jha (Querist) 20 June 2016
Yes i have given my resignation in formal mail to my supervisor and i told my HR and supervisor that i will not be able to serve notice period but i am ready to buy out my notice period in a formal mail.

Kailash jha (Querist) 20 June 2016
And i have the copy of resignation acceptance from them

Adv.Ambrose Leo (Expert) 01 June 2018
Under the Prevailing Law you cannot have dual employment it is unlawful.Ensure you have proof of resignation,acceptance,reliving letter and service/experience certificate.All are essential for your future record & employment,in the absence of any you will be in trouble.Better to consult a Employment & Labour and service Matter professional Expert Lawyer to set your employment & future requirements as per the Law & Act.