is this a case of double employment?
Querist :
Anonymous
(Querist) 09 May 2011
This query is : Resolved
respcted sirs....
i am submitting my friend,s problem..as a being law student i am also wants to know about it...query as below;'''
my friend was working with psu X from 4 july 2010.before joining it he had also given written exam of psu Y.he attented interview of psu Y on 24 july 2010 without previous experience because psu X hr did not issued the noc..he selected in psu Y ..he joined psu Y on 4 aug 2010..he has given resignation on 2 aug 2010 in psu X..he is absent at there from 2 aug to 4 aug..and this period he is on without pay..he got relieved from psu X on 4 aug..my qustion is...
1)is it double employment for 1 day whenever he is not drawing salary from 2 aug to 4 aug..
thanks in advance ..pls give your valuable suggestions..
R.Ramachandran
(Expert) 09 May 2011
Dear Anonymous,
Already your friend has joined the new PSU.
Why are you asking this question now? Is there any objection from any of the PSUs? If so, please tell those facts clearly instead of asking only suggestion.
Querist :
Anonymous
(Querist) 09 May 2011
yes sir his new company HR said this may be case of one day dual employment....but he has not taken salary from 2 to 4 aug...his salary is closed from his date of resignation...he has also submitted bond amount and no dues to previous company..previous company claim no issue from his side..
R.Ramachandran
(Expert) 09 May 2011
When he got relieved on 4th August (it will be a.m. and not p.m.), and joined the PSU 'Y' on 4th August, there cannot be any double employment/overlapping employment in two PSUs on 4th August.
Further more, if he had given his resignation letter to PSU 'X' on 2nd August (did he say that he resigns with immediate effect or resignation from 4th August). In any case, since according to you, he has not taken salary from 'X' PSU for 2nd to 4th, there cannot be any issue. However, if possible, ask your friend to request PSU 'X' to give a modified letter stating that he resigned with effect from 2nd August. That will solve his problem.
Guest
(Expert) 09 May 2011
Your HR should be asked that splitting of hair does not reflect on the idealism of HR. They should become rational. Case of double employment could have arisen only when he would have claimed payment from both the PSUs for a particular day, i.e., the 4th of August.
Querist :
Anonymous
(Querist) 09 May 2011
thanks alot sirs for ind responces....
Sir company x is saying he will not ammend in date....he is saying that we are not giving my friend salary from 2 to 4 aug...they are mentioning it in last month salary statement but not able to ammend the date..
What should he do...?pls suggest sir
R.Ramachandran
(Expert) 09 May 2011
You are not telling whether the relieving order from PSU 'X' says 4th August forenoon or 4th August afternoon?
Querist :
Anonymous
(Querist) 09 May 2011
previous psu only issued relievind letter stating that he is relieved w.e.f. On 4 aug only...not am or p.m....one is also behind that he was absent on 4 aug also...
Querist :
Anonymous
(Querist) 09 May 2011
previous psu only issued relievind letter stating that he is relieved w.e.f. On 4 aug only...not am or p.m....one is also behind that he was absent on 4 aug also...
R.Ramachandran
(Expert) 09 May 2011
OK. Your friend need not worry. He only has to say that he had already submitted his resignation to his earlier PSU on 2nd August. He was paid by the earlier PSU only upto 2nd August, 2010 (which fact can be got verified by the new PSU). Therefore, there is no double employment as on 4th August, 2010.
In case there is any problem created by the new PSU, then your friend has to definitely think in terms of taking legal action.
Querist :
Anonymous
(Querist) 09 May 2011
thanks to all of you sirs...
Hr of new psu are threatening my friend that he can be terminated on this issue....
Sir pls suggest can they do this on this case...?
If it happens what legal action i can take...?
Pls suggest he is in great trouble....thanks alot
R.Ramachandran
(Expert) 09 May 2011
They cannot terminate on this point. If they do, then you have to approach the Central Administrative Tribunal (CAT) (if CAT is applicable to your friend), or you have to file a Writ petition before the High Court.
Raj Kumar Makkad
(Expert) 10 May 2011
I do agree with Ramachandran and Dhinga ji.
Advocate. Arunagiri
(Expert) 10 May 2011
If the new employer sends a notice seeking explanation on this issue, you can come back to us.
Querist :
Anonymous
(Querist) 10 May 2011
thanks alot respected sirs......
I gained alot of knowledge by this conversations......
My friend is feeling good also....
Once again thanks...
Querist :
Anonymous
(Querist) 24 May 2011
i am back the issue mentioned above before....sir new p.s.u. Hr has sended a notice stating for explaination...sir pls suggest what should he do???thanks in advance..pls suggest sirs
Guest
(Expert) 24 May 2011
Just say, he has not claimed any salary for the days in question., so question of double employment does not arise.
Querist :
Anonymous
(Querist) 24 May 2011
respected sir...they are telling that it is misconduct...and planning to take displinary action...my friend is in great trouble...plz suggest sir ;;;
