Dear HR Experts, Hope you are doing good!
I am asking on behalf of my friend who asked for advice. Kindly help my friend in deciding the right action for the employee who has been found involved in dual employment. He/ She is a full-time employee in his firm but due to covid reasons, they have allowed Work from Home and hence shifted to his/her Hometown last year. The Management also offered a hike of 65% in salary in consideration of some personal problems at his/her end.
Some time back he came to know from reliable sources that an employee has also joined full time in another firm without his knowledge alongside working full time with them enjoying double salary from both the employers. When confronted, he/ she has confessed too. However, its been clearly mentioned in the appointment letter that it is prohibited to do so. This is not only a breach of contract but also a breach of trust.
P.S. - The other employer is not aware of his/her activity. Your insights will be most helpful to him in taking a decision.
Thanks & Regards
From India, Chandigarh
I am asking on behalf of my friend who asked for advice. Kindly help my friend in deciding the right action for the employee who has been found involved in dual employment. He/ She is a full-time employee in his firm but due to covid reasons, they have allowed Work from Home and hence shifted to his/her Hometown last year. The Management also offered a hike of 65% in salary in consideration of some personal problems at his/her end.
Some time back he came to know from reliable sources that an employee has also joined full time in another firm without his knowledge alongside working full time with them enjoying double salary from both the employers. When confronted, he/ she has confessed too. However, its been clearly mentioned in the appointment letter that it is prohibited to do so. This is not only a breach of contract but also a breach of trust.
P.S. - The other employer is not aware of his/her activity. Your insights will be most helpful to him in taking a decision.
Thanks & Regards
From India, Chandigarh
Before putting some comments on this isssue, would appreciate if you can share the relevant clause of dual employment, mentioned in the appointment letter of the concerned employee?
From India, Aizawl
625From India, Aizawl
Sure Sir,
Please find below
3.2. faithfully serve the firm providing us with the full benefit of your knowledge, expertise, technical skill, and ingenuity.
3.3. shall (unless prevented by ill health or accident or otherwise directed by the firm) devote the whole of your time during normal business hours to the duties of the Appointment and such additional time as is necessary for the proper fulfilment of those duties.
3.4. devote the time, effort, and attention necessary to perform the duties of the Appointment.
3.5. perform all duties which are assigned, communicated to, or vested in you by the firm.
3.6. not take up any other employment or project, with or without remuneration, during your employment with the firm unless with the written consent of the aforesaid.
From India, Chandigarh
Please find below
3.2. faithfully serve the firm providing us with the full benefit of your knowledge, expertise, technical skill, and ingenuity.
3.3. shall (unless prevented by ill health or accident or otherwise directed by the firm) devote the whole of your time during normal business hours to the duties of the Appointment and such additional time as is necessary for the proper fulfilment of those duties.
3.4. devote the time, effort, and attention necessary to perform the duties of the Appointment.
3.5. perform all duties which are assigned, communicated to, or vested in you by the firm.
3.6. not take up any other employment or project, with or without remuneration, during your employment with the firm unless with the written consent of the aforesaid.
From India, Chandigarh
It is very clear from the relevant clauses mentioned in the Offer of Appointment, issued to the concerned employee by your company, that the concerned has made a breach of contract of employment, which warrants strict disciplinary action against him/her.
You have rightly put it as breach of Trust also.
So please initiate disciplinary action against him/her in accordance with Principles of Natural Justice/Law of Land
From India, Aizawl
You have rightly put it as breach of Trust also.
So please initiate disciplinary action against him/her in accordance with Principles of Natural Justice/Law of Land
From India, Aizawl
I am not sure what your query actually is.
Are you asking what the employer should do?
Also you need to disclose what your friend's position is in the company and what is the nature of business and the type of organisation, also the location of the organisation.
From India, Mumbai
Are you asking what the employer should do?
Also you need to disclose what your friend's position is in the company and what is the nature of business and the type of organisation, also the location of the organisation.
From India, Mumbai
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Enforcement of negative covenants in employment terms.pdf