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Md Ekbal (Professional)     11 March 2015

Part time contractual job with full time job

Hi,

I was a fresher from Hyderabad and got campus job in a bank. I didn't want to pursue my career in a bank and join a small IT company in contractual basis at the same time. My timing was 6pm to 10 pm in IT company and bank timing was 9am to 6 pm. Bank job was full time. Both the companies didn't know about each other and working was different domain. In bank I was working in marketing and in IT company I was working in software work. I thought to quite bank job after 6 months and continue my career in that small IT company. I quite bank job after 6 months of my employment and continue my IT works in IT firm. I didn't sign any agreement bond paper in that IT company, but job was contractual. Since, I was a fresher, it was important for me to get some industrial experience in IT, so i joined that small IT company.


Now, the problem is that my present organization got to know about my bank job which I didn't mention in my CV.

So, My question is what legal problems i could face if i disclose this to my current company if they asked about this? This is for only 6 months where I was working in 2 companies.


My bank and IT jobs were related to different field and in different domains. I know i could get fired but what else they could do????


Note: I didn't planning to steal their trade secret. I did those jobs with my full faith.

 


Thank you. Please answer this question it's very important for me.



Learning

 4 Replies


(Guest)

Your present organization gets knowing about your bank job is not a problem, as the problem can arise only if the employer initiates some action against you. Better come to this site with the real problem, whenever that arises after the employer initiates some action against you.

Kumar Doab (FIN)     11 March 2015

The bank has not issued any notice to you!

If you joined both companies at the same time OR if you joined IT firm first and then Bank then probably there was no scope to mention the bank job.

 

You have been working as a 'Contractor' or 'Contractual Employee' with this IT firm?

What is the relationship;Employer-Employee or of a part time consultant?

Has this IT firm issued any appointment letter, HR policy/Service Rules and Regulations mentioned in appointment letter,,salary slip,Form16 to you? If yes all of these should be examined to conclude what was the relationship!

Did this IT firm mention your work hours in the contract/contract of employment/appointment letter/agreement:::::::;;whatever issued to you (clarify what was issued to you)?


IT companies are covered by (Name of the state) Shops and commercial Establishments Act that was enacted to govern the service conditions of employees working in establishments covered by the Act.


You may show all of these docs and the Act of your state to your able labor Law Consultant/service matters lawyer/Law firm and spend quality time with your counsel and your counsel may opine that  ::::::::This Act does not discriminate between 'Workman' and 'Non Workman' and lays down work hours for employees and employer has exclusive right to have employee with it for work during these hours and it does not lay down that employee can't work after these hours......... 

Md Ekbal (Professional)     11 March 2015

Hi,

I joined Bank first and then join IT firm, which was a small IT company and I was working as a contractual part time employee there. That IT firm didn't provide me form 16 and no PF had been deducted. 

Bank didn't know about my second employment as working hours were different at that time. In the IT firm didn't mention any working hours as contract for 11 months for the first time. No where it is mention that i can not work in 2 companies.

I am thinking if Bank get to know this, can they issue a legal notice to me? I am not working for them now, still can they issue a legal notice to me?

Kumar Doab (FIN)     12 March 2015

You have not posted full information.

The Bank at its sole discretion can issue legal notice for lying and breaching the trust.....................

It is also a possibility that it may not, but it may add the feedback in your personnel file and it may haunt you in future.

 


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