Serving two employers simultaneously is against terms of offer letter in all most all companies. You need to settle it with through negotiations with employer/HR. Any legal action/notice can bounce on you as there is evidence of working with two employers. If offer letter is shared, it can be checked if there are any loopholes in your favour.
Full & Final Settlement
Hi, I am an IT Employee worked for two(A and B) companies at the same time as direct employee. I worked for 3 months in Company A from 16 Aug 2022 to 18 Nov 2022, Company A is settlement is almost over. In Company B, started working from 16 Aug 2022 to Dec 1, so Company B identified my dual employment with Company A, so they terminated me from the company and my Last working day is December 1st 2022, due to auditing they did not pay the salary for the October month in the mid-of October they wrote a email saying that the salary for the October month will be credited along with the November month i.e(1 Dec 2022), and they terminated at the same day and I did not received salary for the October and November Month. I have handover the laptop from them they have not responding to my phone call and Email as well. I am out of money since three months, Can someone help me in this regard, Please do needful.
Asked 3 months ago in Labour
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5 Answers
You cannot work for 2 organisations simultaneously
it is ground for termination from services
you can issue legal notice to company to pay your outstanding dues
I’d company fails to pay sue company to recover your dues with interest
The Factories Act 1948 u/s 60 prohibits dual employment. However, this is limited to factory workers and does not govern other sectors of employment. If the employment letter does not forbid dual employment and there is no non-compete clause, an employee can engage in moonlighting.
Though moonlighting isn't totally prohibited in India, there are several acts that talk about dual employment.
Organizations that are not covered by the Factories Act must specify the stipulation related to double employment by way of dual employment clause in the appointment letter or employee’s agreement or offer letter. The employment agreement must state what restrictions have been placed on double employment and that the employee is prohibited from engaging in additional employment or profession till they’re under their current employer’s services.
Therefore in the absence of any such condition in your employment offer letter, you can issue a legal notice to the company demanding three months salary for terminating your services without any valid reason.
For recovering your dues from the employer you should not rely upon the oral or email notifications alone, you should write to them directly and send the communication by registered post or resort to send a legal notice through your advocate and demand the dues including the three months salary for terminating your services without any legally valid reason.
You can send them a legal notice and file a case before labour court or labour commissioner against the said company
Dear client I'm sorry to your dad but in this case you can approach company B for the same. In case the remain states that they will pay you for those month then you are eligible for the payment and in case it does not mention them I am sorry to say but you are not eligible for the payment
