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R P KANGANE (SERVICE)     16 December 2008

Double Employment




One of our employee resigned and serving three months notice as per the terms and conditions of the employment. however, it has been observed that he has already joined in other company thereby earning two monthly salary.


Please suggest actino to be taken in this regard




 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     17 December 2008

relief him immediately

Murali Krishna (Govt..Employee)     17 December 2008

The question is "whether after serving notice, is he attending your office and receiving salry from you as well as attending another office and receiving salry from them also for the same period."

If after serving notice of theree months, without attending your office but working in another office there would not be any problem. You can deduct salary for the period.   


Raghavendra.Rao (lawyer)     17 December 2008

See  what his employment contract says ,

Question is whether your company is flexible of double employment, depends what kind of role he is  doing (is he a consulant ? or in otherwords recieving form16A )as generally employee recieve form 16 . just check on this



Ramnath Naik (Legal Advisor)     24 December 2008


frist u have to check with the service rules & standing orders of the company. and i thing ur not eligible to make three month notice period, which is against the rule as per the act u can keep the employees under one month notice and regarding the double employement is also against the rule so my advice is go through the standing orders. and its better to relieve and clear his account.

with regards

Moi Moi (Analyst)     21 April 2010


I am currently employed with a “X” company (name changed) based in India. I want to start my own company – Y, but I dont want to leave the employment with X.

I want to know, if its legal to start your own company whilst being employed to another company? Does this breach the employment law in any way? 

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