Getting trapped into dual employment.
Dev
(Querist) 21 October 2020
This query is : Resolved
Dear Sir,
I am working as Sr. software engineer in an IT company from 24-Feb-2020. I have signed an Employment bond of Rs. 1,00,000/- and Duration of 15 months from DOJ at there and which was written on their letterhead.
Last month I got an offer from a Non-IT company with a better salary and I joined there on 25th Sep 2020 without resigning in my current IT company.it was my big mistake but at that time I was not sure about this new company that's why I haven't resigned in my current company.
One more mistake was along with joining documents I have submitted a hand written application in a new Non-IT company which says I will not work for my previous company from 26th of Sep 2020 and will just wait for my last salary.
Now I am also not in the probation period of my current IT company. Then if I put a resignation there they will consider a 3 months notice period for me.
A new non-IT company HR has already known all these things but they are telling me now we have submitted your PF, gratuity etc., So you have to send your resignation, acceptance email and no dues letter copies otherwise you will face dual employment problems.
Now I am confused about what I should do to get out of this because I am an earning person in the family so I don't want to get trapped into this. I am ready to continue with my current company or with a new one also. I just need guidance to get out of this. I request you to please advise me in this.
Isaac Gabriel
(Expert) 22 October 2020
Better accept the gentle advice and resign from the old company and close the matter amicably and leave from the clutches of dual employment.
Dev
(Querist) 22 October 2020
But sir if I resign then I have to serve notice period and period of worked at there will be gap in career.
Also advice me if I continue with my old company and not with the new then what will happened?
Rajendra K Goyal
(Expert) 23 October 2020
You have broken your commitment with the previous company. Try to have amicable settlement with them and have clearance from them. May have to pay them the pay in lieu of notice period and Bond amount.
Dev
(Querist) 26 October 2020
Thanks Rajendra Sir for your valuable reply. Now your advice will be good for first option which says to go with new company but also please advice on the second option if I want to continue with old company then they can take any action against me or I have only one option to left my old company which option will be good for me.
Isaac Gabriel
(Expert) 26 October 2020
Now you alonw can decide since the pros and cons is let known explicitly.
krishna mohan
(Expert) 02 November 2020
Having joined the new employer it is adviseable to continue by paying the notice period wages or mutually close the issue. Your new employer will also insist for notice period and will create issues for you. Better assess pros and cons and decide.
Dev
(Querist) 04 November 2020
New company has not deposited my salary yet. Even I am working into my previous company. but HR from new company is just telling me(like blackmailing) you are in dual employment and you have to resign from your previous company only. Now I am confuse if they(new) have not released my first salary yet and I am not expecting that because I have not worked for them but I just have there assets with me(Laptop, dongle, etc.) and they telling me put the resignation at there(previous) then will manage and discussing with our legal consultant etc. This is the confusing state for me how they can manage if I am not resigned yet. My big mistake was, I have summited hand written application at there(new). Is this really dual employment ? Or can they take any action against me really ?
kavksatyanarayana
(Expert) 04 November 2020
I opine you signed on the bond for Rs.1,00,000/- for the previous company and during probation, you have left the job. Even, if you deal amicably you have to pay the amount as per the terms and conditions of the bond to the old company. So you tally yourself whether the salary is given by the new company is less than your payable amount at the old company. so you have to decide yourself whatever the consequences you face.
Dev
(Querist) 05 November 2020
First thing I have not left my previous job yet. and for new company I don't know they have really processed my joining or not. Now I am continuing my old job but I am asking about new company so they can take any action against me, because they are just telling me like blackmailing you are in dual employment and we have proof of your hand written latter which says that you will not work for previous company from 26-Sep-2020 and will just wait for salary. But I want to continue with my previous one and don't with new one. even I am ready to return their(new) assets also. Can any employer join anybody without his resignation/reliving of previous one ? or they are just blackmailing me.
Rajendra K Goyal
(Expert) 05 November 2020
If you want to join your previous company, the process is not practical as it is doubtful, they would allow you to work continuously. They would fire you at their whim.
Try to have amicable settlement with them. New company would release the pay after satisfying regarding settlement with your old company..
Dev
(Querist) 06 November 2020
Thanks Sir for your reply.
To fire me, how they can know this matter because matter is only known to new company. But my problem is that I don't want to work in new company. I want to continue with the previous company. What will be solution ? like -if they(new company) inform to my previous company.
Also New company has not deposited salary and PF because they already know very well about this situation. So what will be legal proof to show that I am in dual employment.
My first questions is - Is I really in dual employment ?. I have not taken any benefit from new company. so I have not given any loss to them. but they are just telling me we have processed your joining and just putted this month PF on hold as per your request. Is this can be true ? or they are just blackmailing me.
My doubt is only that - new company has already know I am still working into my previous company so then if I reject them(New Company) and tell them to please collect your assets from me I am not interested to work with you then what will happened ?
Rajendra K Goyal
(Expert) 07 November 2020
Solution does not lie in legal way, try at personal level.
