Charges of solicitation and interference by the employer

Dear Mr Kumar, 

I have sent you a PM. Please advise more on to "No Interference" clause I posted.

Dear Mr Ritesh,

We just incorporated while in the previous employment and did not start any work. Is it still considered as double employment?

Note: 1. The date of incrporation is just couple of days earlier to our last day in employment.

2. During employment, we were in touch with customer but customer was aware that he will be served by us later.

Can anyone cancel/amend/change/alter your recommendations........................

pertains to ..............

Did you have any power (not just recommendation) to sanction leave/increment/appoint/terminate?...............

You have replied;  no Power to sanction leaves......................Balance to be still replied is;............................... Did you have any power (not just recommendation) to sanction ...........increment/appoint/terminate?

Has your FnF statement bee supplied by the company and FnF been settled by company? No, that is also being held.  Has it stated in writing why it is being withheld? Did you ask in writing to supply it?

You have not replied to all points, pointwise.

e.g;

Whats is your mothly salary?

Did you get  PF a/c number and a/c slips, ESIC card,Form16, service certificate, .....etc

Does it have Certified/Model standing orders and does it apply to your designation? (  If yes confirm it is (Model/certified).

You may also post:

Did this company communicate closure to O/o Labor Commissioner?

Originally posted by : Sudhir
	Dear Mr Ritesh, We just incorporated while in the previous employment and did not start any work. Is it still considered as double employment? Note: 1. The date of incrporation is just couple of days earlier to our last day in employment. 2. During employment, we were in touch with customer but customer was aware that he will be served by us later.

I believe that date of incorporation will be considered, and not the actual date of starting the work. 

I have already replied to your PM.

Have you consulted a very able counsel specializing in Labor/service matters so far?

If yes what is his/her opinion?

My view is same; 

If company has issued notice for closure to its employees then it is obvious that employees will initiate to firm up next venture.

What else employees shall do or are expected to do by the management of company that has to close: SELL BHAJIYA?

Assuming that company did not issue any circular for intimating its intended closure and employee tendered notice of resignation  or employer issued notice of termination.............................in that case employee is at liberty to firm upm next next venture ; employment/enterprise...................

During the notice period employee may get offer/appointment letter issued by the establishment, approvals by the authority..........................

Until or unless employee has entered into gainful employment or gained monetary benefits there is NO violation,,,,,,,,,,,,,,,,,,or parallel/gainful employment etc................

Does employment agrement signed by you places a BAR on you for another employment/enterprise, even in case company is closed/liquidated/locked etc?

Dear Mr Kumar, Following is the only clause which can bar (if possible). This does not specify things in detail and I am not sure how anyone infers the information from this.

No Interference – I shall not interfere with company’s relationship with its customer, employees, vendors, bankers, or others whether during my employment with company or after expiry or cessation thereof for whatever reason.

The infrences and interpretations by the company can not be predicted.

It is but natural that company shall defend its own interest.

You may engage a very able counsel specializing in labor/service matters to contest.