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Aditi Nagpal   11 April 2017

Dual Employment

I have recently joined an organization 2 month back and in course of completing the joining formalities I was asked to write the relieving date of previous organization , previous to the last one. Since I had left my last organization about 11 years back and did not have the letter with me currently so I wrote back to my previous employer to send one. When I got it from them , I was kind of surprised that the date of relieving recorded with them was 15th April and though I had joined my last left organization on 30th March. Which means that on records I was serving dual employment. As far as I remember I had left that organization on 29th march and asked my employer to adjust leaves for the balance notice period . Now I have already submitted and declared the information to my current organization with dates which I remembered. Please advise what shall be implications if my background check gets failed and it is viewed seriously here. Thanks


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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 April 2017

Though there are no specific provisions under the Indian labour laws barring dual employment except for Section 60 of the Factories Act, 1948, several High Courts have held that termination on the ground of dual employment is valid since dual employment reduces the efficiency of an employee and if an employee is engaged in dual employment, then he is unable to give 100% effort towards his employer. It is generally held by the Courts, that the 24 hours in a man’s life is divided into three parts of 8 hours each; 8 hours for work, 8 hours for personal activities and 8 hours for sleep. If a person is working for more than 8 hours, then he is generally upsetting the daily cycle of a human being, which would decrease his efficiency towards his employer. Apart from that he is also snatching the opportunity of another person’s employment.

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Kumar Doab (FIN)     11 April 2017

Don’t you have copy of notice of resignation, final resignation, acknowledgment and acceptance of notice/final resignation, FnF statement, Form16, PF a/c slips of each year, salary slips of all months, serevice certificate, and Relieving letter for past employment(s) from past Employer(s)?

 

This should suffice.

Now you need to get correction from past employer.

If it has declared your LWD as 15th April then it is ought to have supporting documents like resignation tendered by you.

Sandip   26 October 2017

Hello aditi ji, Do you resolved your problem of dual employment?If yes please explain how can you resolved it.I have suffering with same problem nowadays.

Shrey Aggrwal   29 August 2020

Hii sir, i have one day dual employment in sep 19 due to miscommunication and misunderstanding. I hv received 1 day salary from both organisation. Now when i am asking my previous employer to correct the relieving date they are denying to do so citing pf and govt regulations. Has my career end here?

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