View Poll Results: Is dual employment clause only help the employers not employee
Yes 3 42.86%
No 4 57.14%
Voters: 7. You may not vote on this poll

Anonymous
Dear friends I need your advice for a certain case where one employee is serving notice period in company A and in talk with another company B for to switch over .

During notice without proper consent from the employee company B has generated e code for the employee .
During the notice period Company A tried to retain the employee . As employee get convinced and inform company B that I am not able to join your organisation . They disclose that they have created employee code even no any documentation was give from the employee .
Is this incident comes under the law of dual employment . Kindly share . Asap

From India, Jaipur
Dear Ashu,
Did you receive Appointment Letter from the Company B? If the company has not been issued or even if they have issued but you have not acknowledged it then employer-employee relationship is not established. Above all, it is not even a question of receipt of Appointment Letter. You must join on specified day. Once you join then only formal relationship will get established. Sans this relationship, any activity that Company B does is unenforceable.
It appears that Company B has jumped the gun. Anyway that is their internal matter. By the way, what exactly is e-code? Do you mean to say that they have allotted you the Employee No to you in their HRIS/HRMS? In that case, they counted their chickens before they're hatched. Nothing is as jerky as this!
Thanks,
Dinesh Divekar

From India, Bangalore
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