Dual employment

SB21091971 (Querist) 13 September 2016 This query is : Resolved
I resigned and in notice period and granted permission not to attend duty in entire notice period.
Meanwhile I got a job and I am asked to join immediate. My present employer will allow without releasing letter also which I told them to submit, but only after completion of notice period. Is this illegal act, as any how I will be liable to deposit Income tax on my actual income.

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Ms.Usha Kapoor (Expert) 14 September 2016
Put your problem before the current employer that unless You complete notice period of 3 months for your previous employer you can't get relieving orders after you submit resignation. Also explain your predicament to your previous employer. One of them, I mean either of them may understand your problem sympathetically and give you joining time till you get relieving orders or your former employer may ask you to buy notice period by mot claiming 3months salary and would relieve you with immediate effect.

Guest (Expert) 14 September 2016
Dual employment is illegal. You can also be subjected to disciplinary action by both the employers for drawing salary from two employers for double employment at a time. Payment of incometax on double income cannot compound your offence.

Kumar Doab (Expert) 14 September 2016
The relation of employer-employee exist during notice period.

Look into appointment letter/contract of employment of both employers and clause of Gainful employment/dual employment etc etc.

Kumar Doab (Expert) 14 September 2016
Did you resign without firming up your next venture?

Or you tendered notice of resignation without having any employment in hand?

Is there any provision for notice pay in lieu of notice period?

What is the notice period in days?

What is salary during notice period @Basic,Gross, CTC?

Would you be paid monthly payouts during notice period OR all shall be computed in FnF statement and paid vide FnF settlement only?

What is your designation and nature of duties?

Rajendra K Goyal (Expert) 14 September 2016
Prey the previous department to relieve you immediately and purchase the notice period if possible.

Raj Kumar Makkad (Expert) 18 September 2016
Generally companies do allow to purchase the notice period which can also be done by you.

Kumar Doab (Expert) 18 September 2016
The author has not responded after posting the query.

Guest (Expert) 18 September 2016
In academic query case, any response can not be expected from the querist.

Dual employment

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