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Does dual employment become legal issue?
Type: HR, Report if not a HR topic
Posted 16-09-2010Reply
One of my friend working full time for recruitment agency, and taken up a part time opportunity with other recruitment agency. The first company caught him and send him out from the company. But still they sent a legal notice saying "you done some company damage and trust the worth of 10 lacs and you need to pay the same amount".
How can we sort out this?
Hi Sahithi
Yes, it will be considered as dual employment, unless both the employer agrees for the same in writing.
Other wise the person is actively concealing information, which may amount to fraud and liable to action under the respective service conditions of both organizations as also under laws of general application like Contract Act and Indian Penal Code.
But claiming the damages for Rs. 10 lakhs by the company doesn't looks fair. Normally company's will terminate the employee under breach in policy only, anyway better ask your friend to get in touch with a lawyer regarding the same.
Rgds
Kartheka R
Yes, it will be considered as dual employment, unless both the employer agrees for the same in writing.
Other wise the person is actively concealing information, which may amount to fraud and liable to action under the respective service conditions of both organizations as also under laws of general application like Contract Act and Indian Penal Code.
But claiming the damages for Rs. 10 lakhs by the company doesn't looks fair. Normally company's will terminate the employee under breach in policy only, anyway better ask your friend to get in touch with a lawyer regarding the same.
Rgds
Kartheka R
+2
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