Hi All,
One of my employee had dual employment(For a week), now he resigned his job without notice. Can I ask for penalty of 5 lac for breaching the agreement(In the agreement there is a clause against \"Dual employment\". Or i can ask only for quitting without notice?
From India, Madras
One of my employee had dual employment(For a week), now he resigned his job without notice. Can I ask for penalty of 5 lac for breaching the agreement(In the agreement there is a clause against \"Dual employment\". Or i can ask only for quitting without notice?
From India, Madras
Hi rjthiyagu,
1) Dual employment can be say that, in case, any employee is working with some other organisation while with another one, but subject to on payroll of both the company not as consultant any of company.
2) As you said that, he has left the organisation & join another one. so, logically it can't say dual employment. in this case, you may try to get compensate for without notice or shortfall notice as per signed agreement from him.
But, second side of this case is that, if he has not relieved officially (in written) from company, in that, case, still he is relation with company as employee & employer. For legal things,confirm with advocate or legal adviser.
From India, Mumbai
2061) Dual employment can be say that, in case, any employee is working with some other organisation while with another one, but subject to on payroll of both the company not as consultant any of company.
2) As you said that, he has left the organisation & join another one. so, logically it can't say dual employment. in this case, you may try to get compensate for without notice or shortfall notice as per signed agreement from him.
But, second side of this case is that, if he has not relieved officially (in written) from company, in that, case, still he is relation with company as employee & employer. For legal things,confirm with advocate or legal adviser.
From India, Mumbai
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