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Dual employment concequences

(Querist) 24 January 2015 This query is : Resolved 
Hi Experts,

I accept the mistake that I have worked for two companies for 10 days. The last working day in my previous company is 20th oct & the joining date of my current company is 10th october. Now my current company may terminate me & that's okay for me.

But I want to clear this so that I will not face any legal action from any of the companies.

Let me inform that I have not withdrawn salary for october month from my previous company.

What are the legal actions I could face. & being a good citizen, what I can do from my side to clear the legal aspects, while accepting my mistake?????
Isaac Gabriel (Expert) 25 January 2015
It is advisable to forgo salary from the previous company from the date you joined in the new company.If you don't want to continue in the new company continue in the previous company if not resigned.The point is you should not receive salary twice.Simultaneosly convince the company where you prefer to continue and amicably settle if the error surfaces.
sujit (Querist) 26 January 2015
Thanks sir for responding.

I will write a mail to my previous company not to credit salary for october in my account for full & final settlement.

But my question is :- can my previous company take any legal action against me? for continuing service in another company before getting relieved from here?
Guest (Expert) 26 January 2015
Depends upon your luck. Otherwise, both your previous as well as the present employers are free to take any legal action against you for double employment.
Anirudh (Expert) 26 January 2015
Very well put by Mr. Dhingra.
Guest (Expert) 26 January 2015
Anirudh ji,

Thanks for endorsing my views.
sujit (Querist) 26 January 2015
Mr. Dingra,

What will be the penalty or punishment for this type of cases?
sujit (Querist) 26 January 2015
I want to clear it from my side. What the step I need to take??
Guest (Expert) 26 January 2015
Better discuss the nature of problem, that too in person, if you are really facing any such problem, rather than inviting some serious problem for you by open discussion, or writing mail to the previous company, which is not advisable. Detailed discussion about the background of the case and circumstances leading to dual employment is necessry to be examined before providing any useful advice.
sujit (Querist) 27 January 2015
Mr. Dhingra,

Thanks for the valuable suggestion; I will not write a mail, I will discuss in person.

Let me clarify What I want to know from experts.

Lets forget about what action companies can take for a moment. I came to know that Its illegal & I shouldn't take salary from two companies at a time.

1. Now If I will pay back the salary withdrawn for the dual period to any one of the company, will that clear everything?

2. If companies will not take the salary back. Then can I go to court to pay some penalty for this mistake. Or can Pay Tax for this income.

I just want to clear my hands that's it. What I should do.

(With a example I can explain, Let 'X' has murdered somebody, now 'X' wants to surrender & ready to go to jail.)

Guest (Expert) 27 January 2015
Mr. Sujit,

That is like a sincere employee! I must appreciate your spirit!

But, I don't think you had the need for any advice on your emotional write-ups, which give sense of a hypothetical story or academic query than a realistic problem. So, there is no difference whether you write a mail or discuss in personm when you are so adament to intentionally bring the matter to their notice. I wonder to see your example, as if you consider your offence like committing a murder, when you state, "With a example I can explain, Let 'X' has murdered somebody, now 'X' wants to surrender & ready to go to jail."

However, with your emotional write-up, a crucial question arises, what at first led you to dishonestly earn double salary for 10 days by working at two different companies and now you pretend to be an honest and sincere person.?

You are just creating hypothetical situation through your emotional write-ups, when you have not stated, how you managed to work in both the companies simultaneously presumably at the same working hours of the companies for 10 days without getting noticed by any one of your previous company.

So now, when you are ready for punishment, why to worry? You should feel free to use your own wisdom.
sujit (Querist) 27 January 2015
Mr. Dingra,

My message conveyed some wrong meaning I guess. Do apologize for my weak vocabulary.

I am very much uneducated when it comes to legal aspects. My example was only to clarify that I am ready for punishment & I should know what kind of punishment I will get before welcoming it.

As both my companies are silent, I can also be silent. But If I do so, there will be a threat always to get a legal notice at any time in future. That's why I want to clear it. It's not a crime like murder of course.

And about the timings, I would like to inform you that We work in 24*7 format. We have got lot of ways to work in two different companies in a single day. One way is : "day shift here night shift there".

I never wanted to get dual salary dishonestly. I have told to my previous company that I will continue working till 20th but on paper keep it till 10th. I will work for free. But they dint agree at that time. May be it was dishonest, but I have taken that decision at that time. The problem I have created, I agree. Now I want to clear it. Why cant I be honest now, if I was dishonest at that time in a particular situation.

Hope I have cleared your concerns. Can you please help me to know the maximum punishment for this mistake? & the legal way to get out of it? (I am ready for the penalty).
sujit (Querist) 27 January 2015
Is there any expert, Who has dealt with dual employment cases??

Kindly help me to know the maximum punishment for dual employment & the procedure for surrendering in this case.

Mr. Gabriel,

Can you please come back with some suggestions??
Isaac Gabriel (Expert) 27 January 2015
Don't assume.The previous company or the new company are not bothered about it unless pointed out to them.Neverthless,it is safer not to get double slary.My curiosity is,how you managed to work in both the companies at the same working hours?Perhaps it was in shifts,you could say some excuses.In future don't take such risks.
sujit (Querist) 27 January 2015
Mr. Gabriel,

Thank you.... I appreciate your valuable suggestion. I will not repeat it. Actually I was working 18 hours a day in that period & its true ...ha ha..(9 hours here, 9 hours there). But it's past now.

Can you tell me where(which book & which section) I can read the dual employment Law? I want to get some clear idea about the law..
Guest (Expert) 27 January 2015
Quite unbelievable!

You are again creating hypothetical situation when you say you had been attending 18 hours of duty on daily basis, which is quite impossible in addition to the time taken for travel from home to work place and back and that too in two different locations of work. What was your sleep time after attending your other daily routines at home?
T. Kalaiselvan, Advocate (Expert) 28 January 2015
I think the author is wasting the experts time by posting this academic and hypothetical query. If he is so much interested in knowing the section and the related law, let him make a visit to any library and get to know it by himself or consult a local lawyer for further clarifications.
sujit (Querist) 28 January 2015
Mr. Dingra,

Ha Ha ...Please don't analyse anybody based on your past experience. Whether you believe or not Its the truth. I am not here to argue with anybody. But Its true that I sleep only for two hours a day(my bad habit). However, I sleep around 18 hours a day in the weekends (sat-sun).

May be this is impossible for anybody else. I understand nobody will believe it. In that case, I am all clear. It's impossible that I were going to my previous company as I have prove that I was coming to my new company. Hence dual employment case doesn't exist at all. Hope I will get a judge like you at labour court. Please dont mind. Just kiddind.

Now can you please tell me which book & which section I need to study to understand the dual employment law. I will be really grateful to you.

sujit (Querist) 28 January 2015
Mr. Kalaiselvan,

Yup I have to consult a local Lawyer. Cause here some experts are not at all interested to solve anybody's problem. They only expect same type of case for which they know the solution.

Unable to address a new unusual case. Can't even tell the section of the law. I will find sir. This world is very big & is full of helpful knowledgeable advocates.
Guest (Expert) 28 January 2015
Mr. Sujit,

About your, "Ha Ha ...Please don't analyse anybody based on your past experience," rest assured, I didn't analyse you based merely on my past experience, but analysed your prsonality & psychologically, as your extraordinary efforts to justify your case through your write-ups have gone much beyond reality & facts, due to your wrong assessment of the participants treating them as merely idiots.

We solve real problems of the needy & helpless people, not artificial problems posed by law students and others.

It is useless to try on your part to convince me by saying that you take sleep of only two hours out of 24 hours of a day. Definitely, in such a condition you would have landed in the clinic of a psychiatrist or a mental hospital just after a few days of such a practice of two hours of sleep a day, what to say of continually for very long. Besides, you could also not be expected to show any productivity in your work place. Rather, you would have proved a liability to your employer by making grave mistakes in your official job due to your chronic sleep infected conditions.

When you were ready to get "the maximum punishment for dual employment & the procedure for surrendering in this case," in that case, you did not have any need to come to this forum putting forth your untrustworty stories. You could well have gone straight to surrender before the employers of both the companies, narrated your woes, asked them to get you punished for your offence and left the decision at their sole discretion.

Don't think that we are so idiots not to understand from your flimsy grounds, one after the other, what you wanted from us. What solution you want to solve your academic exercise, nobody here would like to provide such type of solutions to any student, like you, who don't try to concentrate on his course modules and text books.

Best of luck!
sujit (Querist) 28 January 2015
I am really sorry for my last comment. My special apologies to Mr. kalaiselvan. You all are correct at your place. I am correct at my place. Thank you all for your precious time. I am just thinking why nobody is believing me.

My sincere thanks to Mr. Gabriel. Your suggestions are really valuable. Thanks for understanding my problem. I appreciate that you are interested to know how a unusual situation can be possible instead of assuming it's not possible.

Mr. dingra,

I dont know why from the very first coment, you are behaving like this. Instead of helping me, you are assuming whatever you want to. just criticising me : "you were dishonest" , "you are hypothetical" , "you should consult a psychiatrist" , "you are a law student who is playing here". I am just thinking should I explain you anything? Sir, is it possible that a law student can answer technical questions? just search in google anything related to windows,linux,vmware(IT topics) & ask me I will be able to answer those. I am an Engineer sir.

Whatever you are assuming here is wrong. I don't know on what basis you are assuming everything. I just dont understand your intention.

I have gone through one more post of dual employment in this forum. There also you were trying to criticize that candidate that he was dishonest and all instead of helping him. why you are writing about somebody's character? Neither you are helping nor you are allowing other experts to help by writing this type of criticisms about the author.

If you want then let me know. I will prove that each & everything you have assumed here are wrong & I am a genuine guy & whatever I am telling is truth & practical.

Otherwise ignore me. But a request, please try to understand the problem of the author. You can put your questions if any more information is required to understand the problem in a better way. Please dont comment on the character of anybody & dont harass somebody just because you are not convinced.
malipeddi jaggarao (Expert) 02 February 2015
It is undoubtedly hypothetical query.
Guest (Expert) 02 February 2015
Mr. Sujit,

I help only the honest, sincere and needy people, not those who try to be oversmart, want help from others, but by treating them merely as idiots. The question arises, when you are ready to bear with the punishment, there was no need to come to this forum. You could very well have gone straight to the employers and told them the fact instead of telling unbelievable stories, like taking sleep of only two hours in a day, so on & so forth.

Where is the question of harassment, if I express my views about having not been convinced with your fabricated stories?

Contrarily, if you were not convince with my reply, you could well have ignore my reply, but it was only you, who started putting questions to me, "What will be the penalty or punishment for this type of cases?" When you wanted to clear it from your side and asked what the step you need to take and I suggested you to go straight to your employers. You seem to be not ready for that also. It makes your intention clear that you wanted to know some illegal suggestions, which nobody would like to make.

When I suggested you, "Detailed discussion about the background of the case and circumstances leading to dual employment is necessry to be examined before providing any useful advice," you are not ready to share any. When you are not ready to share the truth about the cause of problem, why you expect us to bother our head.

Again, when I wanted to close the chapter from my side by stating "best of luck", you have come up again to pin-prick me with allegations of harassment. It means, you would not have felt harassed, had I suggested you how to act illegally to save yourself.

So, my final advice to you, consult some local lawyer, as neither you don't want to share the truth about background and cause of dual employment on your part nor you think any of the experts here to be able to solve your problem.

Best of luck again and good bye.

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