Hello all,
Relieving date from Company A (worked for 3 years) - 10th April 2019.
Joining date with Company B - 5th March 2019.
The manager at Company B told me to join because of a work emergency. I was not assigned any work at Company A, so I agreed. As this was my first organization change, I had little idea about the future consequences.
The manager and HR of Company B instructed me to submit my relieving letter once I receive it from Company A in the future.
I have now left Company B after a year and have been selected by Company C. I have submitted my relieving letters from both Company A and B.
However, the HR at Company C is pointing out that I had dual employment for a month as I received salaries from both companies during that period, which they consider a red flag for background verification.
I consulted with my lawyer, who advised me to provide a self-affidavit to Company C, stating that I did not hide anything and was hired due to a work emergency. Company B mentioned that the dates cannot be changed, but they are willing to send an email confirming that there was no falsification.
I seek some suggestions on this matter. My lack of awareness led me to this situation, but I have been transparent with my previous employers. Will Company C accept me, and what else can be done in this scenario? I am genuinely concerned and would appreciate any guidance.
From India, Vijayawada
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Relieving date from Company A (worked for 3 years) - 10th April 2019.
Joining date with Company B - 5th March 2019.
The manager at Company B told me to join because of a work emergency. I was not assigned any work at Company A, so I agreed. As this was my first organization change, I had little idea about the future consequences.
The manager and HR of Company B instructed me to submit my relieving letter once I receive it from Company A in the future.
I have now left Company B after a year and have been selected by Company C. I have submitted my relieving letters from both Company A and B.
However, the HR at Company C is pointing out that I had dual employment for a month as I received salaries from both companies during that period, which they consider a red flag for background verification.
I consulted with my lawyer, who advised me to provide a self-affidavit to Company C, stating that I did not hide anything and was hired due to a work emergency. Company B mentioned that the dates cannot be changed, but they are willing to send an email confirming that there was no falsification.
I seek some suggestions on this matter. My lack of awareness led me to this situation, but I have been transparent with my previous employers. Will Company C accept me, and what else can be done in this scenario? I am genuinely concerned and would appreciate any guidance.
From India, Vijayawada
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Dear Concern,
Whether it is done in unawareness or awareness, dual employment is legally not allowed in any terms.
As you mentioned, Company B wanted you to join early due to workload, so before joining i.e. 5th March 2019, you must have informed Company A that you were going to join another company on 5th March 2019.
If you informed the same, how did Company A pay you your salary for that month if you did not attend a single day at Company A? Also, Company A's HR must have asked you to serve the full notice period or complete relieving formalities before joining another company.
If you had not informed Company A about your joining at Company B on 5th March 2019 and you received salary from both companies, that clearly shows an ethical issue on your end.
Always remember, the professional world is small, and you may encounter the same people randomly, so be wise in your decisions.
Solution: Sit with the HR of Company C and share the whole scenario with him/her, providing all clear details. He/She will guide you on the next step.
Advice: Do not hide a single piece of information from him/her.
Note: This dual employment issue will also impact you in PF transfer or withdrawal for both Company A & B if PF contributions were made in your previous companies.
From India
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6Whether it is done in unawareness or awareness, dual employment is legally not allowed in any terms.
As you mentioned, Company B wanted you to join early due to workload, so before joining i.e. 5th March 2019, you must have informed Company A that you were going to join another company on 5th March 2019.
If you informed the same, how did Company A pay you your salary for that month if you did not attend a single day at Company A? Also, Company A's HR must have asked you to serve the full notice period or complete relieving formalities before joining another company.
If you had not informed Company A about your joining at Company B on 5th March 2019 and you received salary from both companies, that clearly shows an ethical issue on your end.
Always remember, the professional world is small, and you may encounter the same people randomly, so be wise in your decisions.
Solution: Sit with the HR of Company C and share the whole scenario with him/her, providing all clear details. He/She will guide you on the next step.
Advice: Do not hide a single piece of information from him/her.
Note: This dual employment issue will also impact you in PF transfer or withdrawal for both Company A & B if PF contributions were made in your previous companies.
From India
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"Always remember the professional world is so small; you would be seeing other people very randomly, so be wise while you decide."
Very well said, Mr. Harshil. I wanted to share an example on this; maybe it can help others in the future.
A person has resigned from an organization on (let's say) 5 October 20xx. He will be relieved by 4 November 20xx as per a 1-month notice. Now, the company decided to relieve the person on 17 October 20xx. The person was about to join another organization on 5 November 20xx, so he asked for the relieving letter with the date 4 November 20xx to showcase his experience and good characteristics in his last organization. If the candidate will be joining before 5 November 20xx, then the relieving letter must have the date the candidate left the company to avoid dual employment issues. Candidates should talk to the company for proper relieving before the notice period to avoid any issues in professional relationships. In case the company is relieving the candidate early by their own choice, an appropriate reason for early relieving and the early relieving date should be mentioned.
From India, Gurgaon
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Very well said, Mr. Harshil. I wanted to share an example on this; maybe it can help others in the future.
A person has resigned from an organization on (let's say) 5 October 20xx. He will be relieved by 4 November 20xx as per a 1-month notice. Now, the company decided to relieve the person on 17 October 20xx. The person was about to join another organization on 5 November 20xx, so he asked for the relieving letter with the date 4 November 20xx to showcase his experience and good characteristics in his last organization. If the candidate will be joining before 5 November 20xx, then the relieving letter must have the date the candidate left the company to avoid dual employment issues. Candidates should talk to the company for proper relieving before the notice period to avoid any issues in professional relationships. In case the company is relieving the candidate early by their own choice, an appropriate reason for early relieving and the early relieving date should be mentioned.
From India, Gurgaon
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Enforcement of negative covenants in employment terms.pdf