Dear All
I have query, one of my senior ( D.G.M.) level ex-employee has left the job. My managment does not want to pay him due to his misguidance to management at the time of his joining.
The case is as follows,
The person has joined our company 3 months back, at the time of his joining he was asked to submit his resignation approval or releiving letter wherein he said in his previous employer does not give the any kind of acceptance or letter. We belived him and we took him on. Now after 3 months he has resinged and joined back the same organization where is was working. According to our sources we got the information that he has applied for long leave in his previous employment for his ill health and then he joined our company.
Now we belive that he has taken our process knowledge and technology which can be in his current employment. For above all this we do not have any evidence on record. This is all on assumption. But my Management want to take legal action on him.
Further we have issued him his full and final dues cheque. We have asked our account to stop the payment till the matter is over.
Now my query is if we do this would this employee file a case against and on which ground.
From India
24I have query, one of my senior ( D.G.M.) level ex-employee has left the job. My managment does not want to pay him due to his misguidance to management at the time of his joining.
The case is as follows,
The person has joined our company 3 months back, at the time of his joining he was asked to submit his resignation approval or releiving letter wherein he said in his previous employer does not give the any kind of acceptance or letter. We belived him and we took him on. Now after 3 months he has resinged and joined back the same organization where is was working. According to our sources we got the information that he has applied for long leave in his previous employment for his ill health and then he joined our company.
Now we belive that he has taken our process knowledge and technology which can be in his current employment. For above all this we do not have any evidence on record. This is all on assumption. But my Management want to take legal action on him.
Further we have issued him his full and final dues cheque. We have asked our account to stop the payment till the matter is over.
Now my query is if we do this would this employee file a case against and on which ground.
From India
Dear Raj,
As per my understanding and knowledge no where in law it is written that duel employment is crime or illegal. Yes it is unethical practices.
Duel employment can be in the forms of part-time work, this also called as duel employment where you earn income from two or more companies for your
Unless it is clarified in appointment letter that employee’s full time attention is required in company and employee is not allowed to undertake any other full-time or part-time assignments in any other organization, otherwise duel employment is acceptable.
Even following wordings finds in employee appointment letter. While employed by the company you: (1) Will not engage in any external activities of a commercial nature. (2) Will not engage in activity of a non commercial nature without prior written approval of the company.
Your case is very clear, if your ex-employee has not resigned in his previous company (and applied for long leave) and joined your company and getting salary from both the companies, will fall under dual employment, if your appointment letter has objection to this then you can file a case for duel employment.
BrainLight HR Solutions
From India, Mumbai
As per my understanding and knowledge no where in law it is written that duel employment is crime or illegal. Yes it is unethical practices.
Duel employment can be in the forms of part-time work, this also called as duel employment where you earn income from two or more companies for your
Unless it is clarified in appointment letter that employee’s full time attention is required in company and employee is not allowed to undertake any other full-time or part-time assignments in any other organization, otherwise duel employment is acceptable.
Even following wordings finds in employee appointment letter. While employed by the company you: (1) Will not engage in any external activities of a commercial nature. (2) Will not engage in activity of a non commercial nature without prior written approval of the company.
Your case is very clear, if your ex-employee has not resigned in his previous company (and applied for long leave) and joined your company and getting salary from both the companies, will fall under dual employment, if your appointment letter has objection to this then you can file a case for duel employment.
BrainLight HR Solutions
From India, Mumbai
Dear Sir / Madam
BrainLight HR Solutions
Thanks for promt reply, yes as per our appointment letter it is mentioned that the person cannot enroll in another employment withor without remunaration.
Further my query is, if we do not pay his dues will he file a case against us under the payment of wages act. ? Does this person being D.G. M. come under the payment of wages act. ?
Raj
From India
BrainLight HR Solutions
Thanks for promt reply, yes as per our appointment letter it is mentioned that the person cannot enroll in another employment withor without remunaration.
Further my query is, if we do not pay his dues will he file a case against us under the payment of wages act. ? Does this person being D.G. M. come under the payment of wages act. ?
Raj
From India
I suggest you issue a show cause to this person, clearly stating that he was in dual employment.......... Therefore he has cheated and violated the service norms of both the employers. This is a misconduct and illegal and therefore deserves appropriate legal action. Till the time we receive your satisfactory explanation we are advising accounts to keep your full and final settlement in abeyance.
You have not mentioned if there was a notice clause before leaving, else this misconduct may also be added....
Depeneding upon industry practice, copy of this letter along with employee feedback should be sent to his current HR too, with these negative remarks about his conduct. It depends about industry or utility of that person of there, else a good HR/ organisation, shall never tolerate any such misconduct of any employee.
From India, Delhi
You have not mentioned if there was a notice clause before leaving, else this misconduct may also be added....
Depeneding upon industry practice, copy of this letter along with employee feedback should be sent to his current HR too, with these negative remarks about his conduct. It depends about industry or utility of that person of there, else a good HR/ organisation, shall never tolerate any such misconduct of any employee.
From India, Delhi
Dear Raj,
In the post you have no allegation against him that he was also working with other company . You have also stated that "According to our sources we got the information that he has applied for long leave in his previous employment for his ill health and then he joined our company". .
So according to you he has given a leave letter to his previous employee. So he is only working for one company alone which is not against law.
DGM will not come under the definition of worker under the payment of wages Act. But he can take legal action acccording to the standing order of your company.
According to me what you can do is that you can send a lawyer notice threaten him that you wil take legal action against him and you can harrash him by making him run behind you from pillar to post for his full and final settlement.
But according to me no purpose will be serviced by filling a case against him.
From India, Kochi
In the post you have no allegation against him that he was also working with other company . You have also stated that "According to our sources we got the information that he has applied for long leave in his previous employment for his ill health and then he joined our company". .
So according to you he has given a leave letter to his previous employee. So he is only working for one company alone which is not against law.
DGM will not come under the definition of worker under the payment of wages Act. But he can take legal action acccording to the standing order of your company.
According to me what you can do is that you can send a lawyer notice threaten him that you wil take legal action against him and you can harrash him by making him run behind you from pillar to post for his full and final settlement.
But according to me no purpose will be serviced by filling a case against him.
From India, Kochi
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