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Venu Gopal K   23 January 2018

Dual employment

Hello All,

I  have employment with MNC company from Aug 17 and also I am working for  another STARTUP.

now the MNC has caught me stating that you are having the dual employmnet .  

 

I mentioned them clearly that I don't know when the email is created and I am started using recently.... 

 

They took some screenshots of the emails and in that they found that I am giving the techenical related queires and pending payments and payrolls 

 

 

what type of action they may take either Termination or they will take it to the court  as per the leagal law.

 I am worried of this,, if they are asking me to Resign I will resign.. will they accept it .

 

 

Can anyone please help on this issue 

 

Thanks and Regards 

Venu Gopal K 



Learning

 33 Replies

Kumar Doab (FIN)     23 January 2018

You should have avoided such conduct that can be termed misconduct.

The screenshots of which emails (Email id) were taken; Official or Personal Email id?

Did you share the password of your personal email id by your sweet will?

The said emails were sent from Official or Personal Email id?

 Usually IT is duly narrated in offer/appointment letter, Service Rules, Conduct and Discipline Rules that employee cannot enter into parallel gainful employment (Dual Employment)…………….or without written consent of employer/establishment.

Refer to such rules and clauses and post back what is narrated therein!

Kumar Doab (FIN)     23 January 2018

It is entirely upto the employer to accept your resignation.

It is upto employer to conduct inquiry, charge with misconduct  and terminate in accordance with service rules.

It is upto employer to claim having caused loss or damages.

 

If you can, appeal to higher officials, employer and let you go by accepting your resignation.

Tender your resignation, get acknowledgment on copy of IT and/or submit by Letter thru Redg. Post followed by email……Obtain tracking report from Indiapost website and POD from Sub postmaster in PO,

An even certified copy of postman’s runsheet under RTI and keep these safely……..

In future, avoid indulging in anything that can be termed misconduct, illegal…. 

 

The resources in premises of employer are for designated employee for official use for official purpose and not for personal use and purpose more so for personal gains...

Venu Gopal K   23 January 2018

thanks for your info kumar, Today Employee Relations Manager called me and asked regarding the company details ... Nd enquired about the email screen shots. i said that i was just a friend and worked for free but he paid me some amount and the type of work which i was doing is not at all related to the company with you I didn't disclose this to in the MNC and also said that i was stopping to support them from december and now i am not the part of any of their works. and gave a declearation that from now i won't engage any part/full time employment and continues to work in one organisation plese accept my request i said over there Thanks and Regards Venu Gopal K

Venu Gopal K   23 January 2018

it was startup's email id which was created for comm. purpose

Kumar Doab (FIN)     23 January 2018

Who has started this Start Up?

Are you in any sense involved with IT?

How did they succeed to get screenshot of email id of start up i.e. another company?

 

 

Kumar Doab (FIN)     23 January 2018

Have you stated in writing or on recorded call that you accepted some money and did the work and won't do it again?

 

Kumar Doab (FIN)     23 January 2018

If company has accepted and forgotten and excused then it is good.

If yuo want to continue in same employment it is upto you.

If you want to change it is upto you.

Venu Gopal K   23 January 2018

it is my mistake to get the screenshots.... they said me to open so i opend and they have seen that there is no data related to MNC and They might be checking my n/w logs and can get to know all these due to firewall if they want to terminate can i ask them for resignation as because its ruining my career.... they said we will get back to you with some info mean while can you please whatsapp me. whatsapp no. 8121966592

Venu Gopal K   24 January 2018

if the company accepts my request i will continue to work...... right now what i am doing in company is very critical project and out of 9 people if one team member is in leave other people gets affected... and if they wants to hire other person to the project they need to provide the tokens and smartcards and access to various servers which are still not yet completed for me being in projject for 6 months...... and the KT which they have to give regarding thr environment is totallh rkaes 10 days of time..... i am hoping that rhey won't remove... so Hope for the best

Venu Gopal K   22 February 2018

Hello Kumar, I have got a Show cause letter from the HR team stating that i have to attend for the leagel team cross examination and debate to provide oral or written document that why the violation of company policy shoukd not lead to termination what are the actions i can take can you please suggest me

Kumar Doab (FIN)     22 February 2018

Download the Conduct and Discipline Rules/HR policy etc etc of the establishment.

Approach a very able senior seasoned ‘Defense Assistant’ to accompany and defend you. Ask around LOCALLY and seasoned Employees’/Trade union leaders that represent employees in such matters in Domestic Inquiries/Labor court/CGIT etc can guide and help you.

Also approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record to guide, help you.

Preferably let your able counsels draft your reply and accompany and defend you.

 

Kumar Doab (FIN)     22 February 2018

Apparently the establishment has decided to conduct Domestic Inquiry and terminate.

This can have negatve effect on you, your career, employability.

A sensible employee shall immediatley find and lean on counsels as already suggested and get out of situation without damage, with minimal possible damage...............

If you are confident as PIP go ahead..............

Preferably lean on counsels...

Rest is upto you.  

 

Venu Gopal K   23 February 2018

Hi Kumar, I have spoke with the manager and stated the situation ... the response from him is very less... he said that 95% of chances you can not defend yourself as you have admitted and hand written statment that you are supporting another company. he said that you have to ask them for a chance that i will not repeat again and never it will happen by me .... as a fresher i did so i don't know the consequences which are happening by me... Please Forgive me i am not going to do any more ... my family is dependent on me.... only these type of words i have to speak . because its the situation i cannot unprove them i didnot to that I hope they will agree for this please call me on 8121966592.. i need your help Thanks Venu Gopal K

Kumar Doab (FIN)     02 March 2018

Originally posted by : Venu Gopal K
Hi Kumar,

I have spoke with the manager and stated the situation ... the response from him is very less... he said that 95% of chances you can not defend yourself as you have admitted and hand written statment that you are supporting another company.

he said that you have to ask them for a chance that i will not repeat again and never it will happen by me .... as a fresher i did so i don't know the consequences which are happening by me...

Please Forgive me i am not going to do any more ... my family is dependent on me....


only these type of words i have to speak .

because its the situation i cannot unprove them i didnot to that


I hope they will agree for this

please call me on 8121966592..

i need your help

Thanks
Venu Gopal K

In your last post for the 1st time you have mentioned that; you have submitted handwritten statement admitting …something…

Is there any established evidence that you were indeed doing same?

 


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