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Krishna (software Engineer)     19 August 2014

How to get rid of dual employment

Hi There,

I have an issue with my employement. I started my career on 16-Feb-2011 and relieved from that job and joined in a new job.I had a bond of rupees 2 lakhs with my 1st employeer and paid that and moved to new one.

Problem here is i got relieved on 27-Aug-2012 and i did not paid bond amount that day itself. I paid that amount bit delayed(paid on 10-Sep-2012). so my 1st employeer held my reliving letters and released on 10-Sep-2012. and provided employment letters till 10-Sep-2012. but unknowingly without reliveing letters I Joined in new job on 29-Aug-2012. and my new employer allowed me to join on 29-Aug-2012 without relieving letters and provided my relieving letters as last working day with 1st employer as 10-Sep-2012. I dont know that this leads to dual employment of 12 days . So how could I get rid of that. Now i want to apply for F1 visa for my higher studies. Could someone helpme in this. Thanks in Advance

 

 

Thanks

Krishna,



Learning

 3 Replies

Kumar Doab (FIN)     19 August 2014

 

 

1.     The period is in fact dual employment on record and you should get rid of it. The issue is that your past employer may not change easily. This may indeed trouble you in future too.

 

 

2.     What was the ground for signing the bond? Did the company incur expenses on you/provide any specialized training that was duly certified/or granted any extra ordinary favor to you? If not the company might have not succeeded in claim.

3.     Did you submit notice of resignation/resignation with immediate effect and mention the effective date of resignation in it? If yes the effective date of resignation can not be preponed/postponed without explicit consent to the employee. The employment shall end on date chosen by employee and communicated to employer. Hence company can not relieve you from future date. Did the company pay you wages, PF/ESIC contribution till 27th Aug 2012? Did it supply salary slip of each month, FnF statement, Form 16 etc upto the period of 27th Aug 2012?

 

4.      You may now preferably under expert guidance of your able Labor Consultant/Service lawyer submit carefully structured communication under proper acknowledgment to good offices of appointing authority, MD, Chairman and raise your demands. 

Krishna (software Engineer)     19 August 2014

Dear Kumar,

i signed bond to serve for atleast 2 and half years, so that i trained on new technology. in FandF i got pay till 10-Sep-2012 and as i dont  know that it will fall under dual employment I accepted it.

 

but while joining in current company i communicated that my relieving letters will be delayed. they accepted for the same. and after getting relieving letters i provided the same for HR team and went through Back ground verification also. They accepted those.

 

But as I joined here on 29-Aug-2012 i got pay here from 29-Aug-2012 which falls under dual employment. so how better i can come out of this. 

Kumar Doab (FIN)     19 August 2014

 

If either of the employer's agree to accept the refund of wages by you and then to update its records accordingly, issue fresh service certificate  and provide BGV/reference check to any third party accordingly you may have a solution.

The past and current employer accepted you during conflicting dates and did not object.

 

It is suggested that you may consult a local lawyer with all docs on record.

The lawyer after examining all docs may firm up some strategy. 

The only hope seems to be that even though you were not on rolls/did not attend office/mark attendance  of past employer  from 27 Aug 12 to 10 Sep12...............................therefore it should accept refund of wages by you and issue correct service certificate, relieving letter.................

 

The training on new technologies may not neccesserily be a training...........................as it might be the need of the employer and not employee, hence bond/liquidated damages for it may not be reasonable.

It is upto you to agitate for it or not.

Your lawyer can advice you on this also.

 

In the meantime  you may go thru attachments.

 

There are now IT/ITeS  employees unions too and trade unions are willing to embrace employees:::

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

https://www.wbitsa.org/

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

Shiv Sena forms first union in information technology sector

 

 

 

AITUC,INTUC,CITU………………


Attached File : 301588657 417759075 validity of employment bonds.pdf, 301588657 background paper.pdf downloaded: 67 times

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