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Sandeep (Employee)     06 June 2012

Double employment

Hello,

I am Sandeep, working as an empolyee for private organization. I recently got better opportunity from other reputed organization. The same day I served 30 days notice period in the current origanization.
My concern is, I have to join new company on particular date wherein it covers only 20 days of my notice period. Can I go ahead and join other company on joining date and still complete my notice period with current organization? If yes, how it is possible. If no, what can be done in this regard?

Can I buy out the remaining days of notice period with current organization and join the other compnay on joining date. Is there any act stating that buy out option is applicable in this situation?

Do I lose my opportunity?

What happens if I work with both the companies for 10 days?

Please help me out from this situation.

With regards.



Learning

 7 Replies

Reetu Dwivedi (Paralegal)     06 June 2012

Sandeep,

There is no law on this matter, but if there is any dispute it will be governed by Induatrial dispute act.

You can not work in both the companies at the same time.

Its better to buy  out the remaining 10 days from current organisation.

 

Sandeep (Employee)     07 June 2012

Thank you for your valuable response.

The current organization is not willing for buy out option even though there is a written clause specified in the exit formalities. Can I dispute this situation with any higher authority to avail buy out option? Is that every company has to provide buy option to the employee who is in need? Is that the company wish that they can offer buy out option to only few employee's. Is this the correct situation me to ask for buy out option with the organization.

If yes, what question should I put across them? One of the manager warned the other employee in the same situation that he will sue the other company if the other compnay hires him. Similarly, can we question them in any grounds that he has to provide buy out option in this situation.


Is that the company wish that they give or not buy out option to any employee? Can I ask strongly  for the buy out option under any groungs? Please let me know the that act and that will be very helpfull for me.

I really values your suggestions,

thank you.

Deepak (Analyst)     07 June 2012

Hi, I am an Insurance advisor and also work for a pvt. organization. I know that this cannot be considered as dual employment as I am not an employee of that Insurance comapny. However, as I am not in goof terms with my Manager. He has complained to our HR about this. The same HR who advised me few months ago (last year) that there is no issue to my other colleagues company has sent me a show-cause notice for for selling Insurance to my colleagues. This is a conspiracy that is being hatched against me. The HR has sent me the notice based upon one of the company policies, "conflict of interest against the rules of our company". The letter says,

1.  The employee shall not solicit another employee for any purpose if either employee is on work time or it interrupts others who are working, you have proceeded with soliciting other employees to buy insurance policies in surreptitious ways.

2.  "Any conflict of interest which is deliberate and pursuing knowingly would amount to serious misconduct".

Could you please advise how should I proceed with this? I have being asked to send response to this notice in 7 working days. Please help as I am jobless sitting at home. They have restricted my access to the company

Regards

Deepak

 

Kumar Doab (FIN)     07 June 2012

@ Deepak,

Ms. Surya Prabha has given valuable advice. Kindly follow it.

At the time of appointment letter/order is issued and supplied to employee. The terms and conditions in the appointment letter shall apply. If in the appointment letter notice pay in lieu of notice period is described it should be equally applicable to both employer and employee. If notice pay is made applicable vide your appointment letter you may cite it.

Exit formalities are supplied to employee after the resignation is tendered.

Hope you have never received certified standing orders from the company.

Your company is smart and is playing on the fact that majority of the employees are ill informed.

You may also read SE act applicable to your state.

As per:

The Delhi Shops and Establishments Act, 1954

30. Notice of Dismissal.—(1) No employer shall dispense with the services of an employee
who has been in his continuous employment for not less than three months, without giving such
person at least one month’s notice in writing or wages in lieu of such notice:
Provided that such notice shall not be necessary where the services of such employee are
dispensed with for misconduct, after giving him an opportunity to explain the charge or charges
alleged against him in writing.
(2) No employee who has put in three months’ continuous service shall terminate his
employment unless he has given to his employer a notice of at least one month, in writing. In
case he fails to give one month’s notice he will be released from his employment on payment of
an amount equal to one month’s pay.


Attached File : 11425593 delhi shops & establishments act, 1954.pdf downloaded: 111 times

Deepak (Analyst)     09 June 2012

Thank you so much for your quick response! I am unable to view the attachments, could you please send it to my e-mail address - chinnu.deepu@gmail.com

Also, it would be great if you could advice me on the show-cause notice that was sent to me by my company.

Regards

Deepak Shetty

Kumar Doab (FIN)     10 June 2012

 

The Delhi Shops and Establishments Act, 1954

can be accessed at lbor website of the state:

https://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Shops+and+Establishments+Inspectorate/

Kumar Doab (FIN)     10 June 2012

Approach your lawyer for drafting reply to show cause notice.


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