Hi All,
I am working in an IT company A for 3yrs and I got an onsite opportunity for UK in my company so for Visa and onboarding I was free for 5-6 months, so I started looking for part-time opportunities mostly to gain some money and selected in a small company B for contract employment, they got impressed and hired me full-time so I was free and didn't think much and started working till my processes were getting complete in my company A. Now to company B I told I am unemployed for 3yr due to some issues and they joined me also without any issue. Now due to Covid and other issues the UK project in company A got cancelled and I got frustrated with my manager so I resigned in my company A and also company B since now I wanted to look for a good company and start fresh.
Now company B asked me the reason of resignation in 3months only and maybe got angry and checked my records and found 2 active pf accounts . Now Company B informed company A also to check maybe and now both company A and B have issued me show cause notice for contract breach even though I am serving notice in both companies.
the contract breach is mostly the exclusive employment contract in both company that states no employee can work full time or part time in any company in free time or elsewhere.
So wanted to know what can be done in this part and how should I proceed and in contract breach what more they can do, I asked my lawyer friend mostly they can do early release only with no notice period pay in contract breach as no document forgery or misinformation I have given anywhere regarding any company.
Also wanted to ask can companies share personal information of any employee to any company, as it seem to me privacy breach as I didn't provide any written consent.
From India, Bhopal
1I am working in an IT company A for 3yrs and I got an onsite opportunity for UK in my company so for Visa and onboarding I was free for 5-6 months, so I started looking for part-time opportunities mostly to gain some money and selected in a small company B for contract employment, they got impressed and hired me full-time so I was free and didn't think much and started working till my processes were getting complete in my company A. Now to company B I told I am unemployed for 3yr due to some issues and they joined me also without any issue. Now due to Covid and other issues the UK project in company A got cancelled and I got frustrated with my manager so I resigned in my company A and also company B since now I wanted to look for a good company and start fresh.
Now company B asked me the reason of resignation in 3months only and maybe got angry and checked my records and found 2 active pf accounts . Now Company B informed company A also to check maybe and now both company A and B have issued me show cause notice for contract breach even though I am serving notice in both companies.
the contract breach is mostly the exclusive employment contract in both company that states no employee can work full time or part time in any company in free time or elsewhere.
So wanted to know what can be done in this part and how should I proceed and in contract breach what more they can do, I asked my lawyer friend mostly they can do early release only with no notice period pay in contract breach as no document forgery or misinformation I have given anywhere regarding any company.
Also wanted to ask can companies share personal information of any employee to any company, as it seem to me privacy breach as I didn't provide any written consent.
From India, Bhopal
Also i asked my CA too he said 2 active pf accounts under 1 UAN is legal and many doctors work in govt and private hospitals do that too. also dual employment is not illegal in India.
From India, Bhopal
From India, Bhopal
1. Duel employment is illegal in india
2. Your contract specifically prevents you from working elsewhere, so you are in breach of contract too
3. In order to get a second PF number, you lied and falsified your application, so that is also illegal and you are liable to prosecution and penalty
4. Both companies are correct in sending you a showcase and may also file civil suit against you. Company A is also fully in their right to as for return of salary and benefits given to you during the time you worked elsewhere.
You need to change your CA by the way, if this is the kind of advice he is giving you.
From India, Mumbai
2. Your contract specifically prevents you from working elsewhere, so you are in breach of contract too
3. In order to get a second PF number, you lied and falsified your application, so that is also illegal and you are liable to prosecution and penalty
4. Both companies are correct in sending you a showcase and may also file civil suit against you. Company A is also fully in their right to as for return of salary and benefits given to you during the time you worked elsewhere.
You need to change your CA by the way, if this is the kind of advice he is giving you.
From India, Mumbai
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SHOW CAUSE NOTICE.pdf
Show Cause Notice.doc