Dual employment & termination without hearing

To address this situation, let's break it down into key components:

Understanding Dual Employment Dual employment refers to holding two jobs simultaneously, often without the knowledge or consent of one or both employers. In your case, it seems you worked for two employers at the same time, receiving salary from both, but were fully engaged with the new employer.

Legal Implications Given your admission of taking a salary from the previous employer without attending work, the current employer's decision to terminate your employment might be justified. However, the request for a refund of the full amount paid to you by the current employer could be contested.

Possible Defense You could argue that: -

*Unfair Dismissal*: The termination without hearing might be considered unfair, especially if you were not given a chance to explain the situation. -

*Proportionate Refund*: Instead of refunding the full amount, you might negotiate to refund only the amount corresponding to the period of dual employment.

 Next Steps 1. *Consult a Lawyer*: It's essential to consult with an employment lawyer who can provide guidance specific to your situation and local laws.

2. *Gather Evidence*: Collect any evidence that might support your case, such as communication with both employers, salary slips, and any other relevant documents.

 3. *Negotiation*: Depending on the circumstances, negotiating with the current employer might be an option to resolve the issue amicably. Relevant Laws -

*Employment Law*: Familiarize yourself with local employment laws regarding dual employment, termination, and refund of payments. -

*Contractual Obligations*: Review your employment contract to understand your obligations and the employer's rights. Given the complexity of employment laws, consulting a lawyer will provide you with the most accurate and personalized advice.

Your case is a complicated one as the second/ subsequent employer is stated to have sacked the employee and seeking refund of salary, which is earned amount of the employee, which cannot be asked to be  refunded in any case.

 It is advisable to seek professional services of a local prudent lawyer with relevant records for proper appreciation of facts / documents and necessary guidance.

is this the same case https://www.lawyersclubindia.com/forum/details.asp?mod_id=238449&offset=1

Sir

It is a different case

Here, relative did not work for earlier company but kept mum as she was receiving salary without other notice

But UAN driven PF flasshed 2 contribution from 2 different employer's. Without SCN, HEARING, both terminated and asked for refund. Relative did not return laptop in time. Simply was not reporting to 1 st one's office over 4 months and was working for the 2 nd employer.

Regards 

To my knowledge, except in public service, there is no law banning or prohibiting dual employment. A private employer can terminate the services of an employee only on the basis of proven miscoduct on the teststone of terms and conditions of appointment and standing orders.