Simultaneous employment with 2 companies

Dr. TK Mandal (Querist) 12 April 2011 This query is : Resolved
Case: A person resigns from his service, his full and final accounts are settled (excluding transfer of PF), and is issued a relieving letter. He joins another company and after 2.5 months resigns and re-joins the old company.
1. Is it legally permissible for him to get continuity of service with the first company. He did not draw any compensation/ benefit from it during the 2.5 months period?
2. If so, what is the process to regularise the same?
3. What are the relevant Section of Law/ Act under which (1) is permissible or not permissible?

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Guest (Expert) 13 April 2011
Dear Dr. Mandal,
Your question does not seem to be correct. How a person can be in continuous employment with the previous company if he was relieved with full and final settlement of his account, and rejoined the same only after a gap of 2.5 months when he was working with another company for that period of 2.5 months?

No matter if he had not drawn his compensatory benefits during that period.

However, on his rejoining his service after 2.5 months the same will be treated as fresh appointment and not as a continuous service. He cannot hold two posts at the same time. However, he can draw his compensatory benefits for his previous part of his service even after that, or for claiming the benefit of service period, he can get his service grouped and counted along with his fresh service LESS the period of his absence for 2.5 months.

Advocate. Arunagiri (Expert) 13 April 2011
As you are relieved, your present employent in the same company is only a fresh employment, the service cannot be treated as continuous.