Hi,
I work for Company A and due to service tax avoiding purpose(all legal I suppose), I have been offered employment letter of another company B. Directors of both A & B know each other and therefore, they have come to this agreement. I have a Non-compete agreement with Company A, which is valid for 1 year post leaving the company and offer letter of A says that I need prior written consent from A to work for any other company. Both companies are based out of India. If I agree to new offer letter, I will get all my future salary and bonus from B and not from A. Salary slips, form 16 etc will all come from I have following doubts:
1. Since, I am not getting any exit from A, can I be employee of two companies simultaneously i.e. is it legal in India?
2. Offer letter from A mentions a monthly salary, which I wouldn't be getting once I become employee of B. So is A legally bound to give me a salary? If A doesn't provide me with any salary, even then do I have to file tax returns on that?
3. When I will leave this job from A/B, will I have to resign from A or B or both?
4. For generic purposes like opening a Bank Account etc, whose employement will I be showing (I will have salary slips only from B)?
Regards
From India, Mumbai
I work for Company A and due to service tax avoiding purpose(all legal I suppose), I have been offered employment letter of another company B. Directors of both A & B know each other and therefore, they have come to this agreement. I have a Non-compete agreement with Company A, which is valid for 1 year post leaving the company and offer letter of A says that I need prior written consent from A to work for any other company. Both companies are based out of India. If I agree to new offer letter, I will get all my future salary and bonus from B and not from A. Salary slips, form 16 etc will all come from I have following doubts:
1. Since, I am not getting any exit from A, can I be employee of two companies simultaneously i.e. is it legal in India?
2. Offer letter from A mentions a monthly salary, which I wouldn't be getting once I become employee of B. So is A legally bound to give me a salary? If A doesn't provide me with any salary, even then do I have to file tax returns on that?
3. When I will leave this job from A/B, will I have to resign from A or B or both?
4. For generic purposes like opening a Bank Account etc, whose employement will I be showing (I will have salary slips only from B)?
Regards
From India, Mumbai
Hello,
Would suggest you to please discuss the same very clearly with your bosses. No one else can give u a perfect answer here...
Please clarify right now so that u do not face any problems in future career.
Please evaluate all the pros and cons before taking any decisions!
All the best!
Hope it helps!
From India, Delhi
35Would suggest you to please discuss the same very clearly with your bosses. No one else can give u a perfect answer here...
Please clarify right now so that u do not face any problems in future career.
Please evaluate all the pros and cons before taking any decisions!
All the best!
Hope it helps!
From India, Delhi
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Enforcement of negative covenants in employment terms.pdf