New employer

If you have  resigned from X on the close of office hours a day before you joined Y there is no dual employment.

Since you have resigned from X, in writing, hence you have not absconded.

Since X has relieved you also, hence it is bleieved that there are no issues, pending with X.

What was the notice period in X, what was your designation and nature of duties, and you were located in which state? Whats is line of business of X?

From the query it i sfelt that you are not good at drafting. therefore it is suggested that you may seek help from elders in the family, employee's/trade union leaders. 

Thanks Sir,

For your valueable input.

I relieved from X org on 25th Feb but joined Y Org on 8th Feb,I resigned X org on 15th Feb.I am located in Maharashtra n this is It MNC.

 Hr in Y org knows that I have absconded.When I ask HR to give me written confirmation regarding same HR told me that this will not cause any issue in future but i can not give to confirmation in writting.So it would be better if you can replay back email as please ignore the mail.

Mail that i sent to HR from Y org was below.

As I do not have any document from Xa(Though I came from X company I mentioned in a mail Xa company as I do not want to disclose the company where I came from) company from where I came, I will not submit any document from same organisation and this will not create any issue with me in future with career with Y company please confirm.

This was the situation.

Thanks

It was expected and that is why it was suggested that '  you may seek help from elders in the family, employee's/trade union leaders. '..................................even Labor Law Consultant.

In future also you may first consult then act.

HR of current employer fufilled his selfish interest (filled the vacancy) without asking you to first resign and get relieved. 

You erred by acting on a suggestion that is deterimental to your interest.

You are now contemplating to conceal past employment (that too in writing to current employer), double employment...................

Either submit revised resignation letter and get revised relieving letter from past employer ( difficult) or revised appointment letter from current employer.

Consult before you act on your own.

Hello Sir,

I was not excepting relieving letter from employer X and even in future i will not use that as i was there only for 2 months.

But as per Hr's suggetion from X I resigned and got they gave me relieving letter.

Thanks,

You won't be able to explain the gap if you do not show the 2 month's experience.

If you conceal any employer at any time during BGV may find out.

Better sort it out by your own skills.

It has been explained in detail.

Rest is upto you.

HI,

I joined a  company on 10th feb 2015   and i have completed my one year on 10th feb 2016 as trainee and iam getting stipend but now i want to leave this company anyhow but the challenge is i did not get  any appointment and comfirmation letter yet which i was promised to get after one  year  completion  with accumulated variable of 2000 everymonth . so if i leave without this letters  my experience will go in void or waste and also i don't get any salary slip . HR department just gives go around and say still in the process and its been april 7th 2016 .

so i request you all to guide me because my career is at stake.

Thank you 

LNM

If you are engaged as 'Trainee'  (on stipend0 then either it is as per Standing Orders of the Management, or 'Apprentice' as per Apprenticeship Act/Rules.

In such case the relationship is not that of employer-employee.

It is upto the management to issue a communique narrating if you can be engaged as employee after training/apprenticeship.

The payment of variables may have conditions attached to it.

The certificate of training should be issued.

However you may show all docs on record including the advertisment, application, interview call letter, selection letter, contract/agreement/offer whatever has been issued to you to elders in the family, labor law consultant and understand the options, than proceeding on your own.

Hello Sir,

i know there is some mistake from my side, my concern is will my current situation will cause case of cheating againt me, because i have specified wrong company name in email to hr.

in below email

Mail that i sent to HR from Y org was below.

As I do not have any document from Xa(Though I came from X company I mentioned in a mail Xa company as I do not want to disclose the company where I came from) company from where I came, I will not submit any document from same organisation and this will not create any issue with me in future with career with Y company please confirm.

or shall i reply back to hr is  please ignore the mail because HR do not want any docs from X company.

Please suggest,

@dip2016,

You may consult an able Labor Law Consultant in person.

Hi Kumar,

Thanks for your reply

I got answer from one of legal forum as per below.

Prima facie, you are liable to be prosecuted for cheating for obtaining employment through concealment of information. The punishment is imprisonment of 2 years on conviction. Keep your HR and other higher echelons happy.

Is this issue is so serious that it will cause 2 years imprisonment.

Please guide me i am in big big tension now.

Even i am not able to setting up the record as per your suggetion Hr is not ready and I do not have the proof I have no idea what will happen in future.

Thanks

Last reply

You are probably posting queries in different forums, sending emails, PM's.

You have apparently not consulted an able counsel in person.

If the issue crops up at anytime in future your lawyer can act to defend you. 

I have nothing more to post.

You may wait for the advise of other experts/members.

It shall be better to consult an able counsel in person.