Dual employment

no dual employment is legal as long as you only work under the maximum hours allowed per week which varys from country to country

Hi,

In my Case Dual employment will be applied or not ?

if it is applying on me, How can I get new Exprience letter with 17th Sep as LWD  and avoid dual emplyment ?

Can I go with legal process if company is not ready to give me letter with correct Date ?

can you please give me more details on it ?

You have posted that:

 

--“My Last working day was 17 Sep. 2011 with IBM ,  My manager had given to me on mail that My Last working day is 17 Sep.”

 

Have you also mentioned your effective date of resignation as 17 Sep. 2011?

If yes there is no ambiguity.

 

--“But in Exprience letter , it is mentioned 19 Sep. 2011”

It is wrong.

 

--“they replied , all your processes are closed and we can not change it now as per company policy and process and I had marked mail to HR Head and Sr. managers in CC to resolve this ,”

 

If the HR personnel have erred they have to correct the errors created by them. Who else will do it?

If company personnel in line management/HR are unwilling then it might be for the reason that they shall be taken to task by their masters. The company might be in the habit to invoking compliance issues against the erring employee. It would go into their personnel file.

 

But why should you live with any error and adverse implications?

 

 

--“I asked to my manager and HR also to correct it”

 

Did you ask verbally or in writing?

 

Such matters are deemed to be taken up in writing.

 

 

 

What is the LWD in FNF statement issued to you and accepted by you?

 

Now you may escalate to good offices of appointing authority, MD, Chairman, Company secretary and mention that your LWD as per notice of resignation and acceptance (issued by your manager) FNF statement copies of which are enclosed is dated…………

You received relieving letter dated………….( copy enclosed) after long delay of 60 days on dated………….thru courier/redg. post supplied to you on dated……………..and on dated…….you pointed out by phone/email/in person on dated……………to (mention name-designation-dept-address with name of company that your Last working day mentioned is dated…………and it is wrong.

You have represented again on dated………… by phone/email/in person to Mr/Ms……….and again on dated…………..

However despite your repeated representations you have not been supplied with correct relieving letter, therefore you are escalating to good offices……………

You may mention that on receipt of correct relieving letter yu shall return the incorrect one and affirm to pay back the difference of one day wages ( if any is pointed out to you in writing). You may request to supply the correct relieving letter within next say……..7 days by redg. post.

If the good offices of company also do not yield you have the option of issuing legal notice by your lawyer, lodging a complaint with o/o Labor commissioner, Inspector under Shops and Commercial Establishments Act……..

 

 

 

 

 

 

--“My Last working day was 17 Sep. 2011 with IBM , My manager had given to me on mail that My Last working day is 17 Sep.”

 

Have you also mentioned your effective date of resignation as 17 Sep. 2011?

 

Ans. Yes, I have mentioned resignation date effective July 20, 2011 .

 

--“I asked to my manager and HR also to correct it”

Did you ask verbally or in writing?

Ans. I have asked in both way verbally and in writing also . Requested many times in written to HR head also.

 

What is the LWD in FNF statement issued to you and accepted by you?

 

Ans. 19^th Sep. 2011 in FNF but I have not given any signature on it. I am ready to pay back for 2 days.

 

I have got scanned copy only after doing follow-ups on 21/11/11.

 

You have posted that:

--“I have mentioned resignation date effective July 20, 2011”

Probably your notice period is 1 month and you have mentioned notice period effective from 20^th July, 2011.

Probably you have not mentioned your LWD in notice of resignation as 17 Sep. 2011.

Thus your LWD calculated by HR as 19 Sep. 2011 seems to be correct.

Company might have either ignored the comments of Manager or the LWD issued by Manager might have not been submitted by you or Manager to concerned personnel in company who has processed and passed your FNF.

The manager might not be the authorized person/employee by company to issue LWD.

If the manager is occupier or manager/agent of the company  as per registration certificate issued by authority say Shops and Establishments Act then you can rake up the issue claiming the manager is authority designated by company.

 

--“19^th Sep. 2011 in FNF but I have not given any signature on it.”

You should have pointed out the error on receipt of FNF statement and must have requested to correct it citing the LWD given by Manager and that you have not attended office after the close of office hours in compliance to orders of company issued thru Manager.

It is usually written on FNF statement that accepted copy be submitted within 1 month. If accepted copy is not submitted the contents of the FNF statement are deemed to be correct and accepted.

Company must have issued Form16 as per FNF statement deemed to be accepted and may not agree to revise the Form 16 and TDS and return.

It is felt that the return is filed quarterly.

--“I have got scanned copy only after doing follow-ups on 21/11/11”

You may not remain satisfied with scanned copy. You are rightfully entitled to get original copy under original seal and signature of competent employee of the company, therefore demand it.

--“I am ready to pay back for 2 days. “

You may highlight that your actual LWD as per LWD issued by company thru its designated authority is 17 Sep. 2011, and you have attended office after it and you are tendering the excess payment made to you by cheque number…..dated………drawn on……..bank and company should supply correct relieving letter in original, and receipt of refund made by you.

 

You may have to struggle now.

 

 

 

 

Thanks kumar Doab  for replying and giving time to me ,

I have mentioned resignation date effective July 20, 2011, Notice period was 1 month when I have joined , but when I asked to manager to relieve me within one month, they said , company has increased notice period to 3 months , but my manager agreed to relieve me in 60 days , when I said that company has given relieving within 20days to1 months to other employees who was working with me and I have served 60 days as a notice period , he agreed for 60 days verbally as well as in written .

 

If HR has calculated LWD as 19 Sep. 2011 then why they have not raised any issue  , as I had served till 17 Sep. only . they all were aware that my LWD is 17 Sep.

Your resolve is appreciable.

Get original copy under original seal and signature of competent employee of the company, of correct FNF statement, Form 16, relieving letter. Maintain that you have been pointing out errors in all documents and records.

Highlight that your actual LWD as per LWD issued by company thru its designated authority is 17 Sep. 2011, and you have not attended office after it.

Based on correct LWD issued by company you have joined in next venture.

Maintain that your notice period was 1 month and you were coerced and forced to serve against your wish beyond notice period of 1 month and only on 17 Sep you were relieved by written communication copy of which is in company’s record and has been supplied by you too.

Escalate to good offices of company i.e. Appointing Authority, MD, Chairman, Company Secretary and request to supply the correct and original relieving letter/FNF statement/Form16  within next say……..7 days by redg. post.

If the also do not yield you have the option of issuing legal notice by your lawyer, lodging a complaint with o/o Labor commissioner, Inspector under Shops and Commercial Establishments Act……..

Hi, I got placed xxx mnc joined as 2 apr xxxx year, but previous company I left at March end in experience letter states I insurance benefits closed at 20 Apr xxxx year. I haven't got any salary from their end. I got salary apr mnth from mnc end. How to manage this issue to new organization? Did they call my mnc and ask abt this her prev organization relived date as future dated. I am totally confused, 2nd company not ready to change as reliving ltr. Wt to do?