Worked for 6 months extra in X company when Im joined in Y company. Worked for 6 months extra in X company when Im joined in Y company.

1 year ago

I was joined in X company in 2019 dec and then due to personal issues I have joined in z company in 2021 without resigning to the X company. Then I continued to work in both companies for 2 years.
After resigning to the x company in 2022 April, i have joined in Z company in May 2022 without resigning to company Y. In nov 2022 i have resigned from Y company.
Now Z company found that I was done Moonlight as I working for 6 months in both companies.
Need suggestions on how can I explain it to my HR

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,

Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations
https://karmikaspandana.karnataka.gov.in/page/Contact+Us/Labour+Inspector/en

Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Dear Client,

Please examine the employment contract of Company Z to check if there is a moonlighting clause that prohibits you from working multiple jobs. If not for such a clause, it is not illegal to work for two companies at the same time. You may explain to your HR that you were in a financially complicated situation due to which you had to do the same.

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