Can we send legal notice in terms of employee doing dual employment

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Can we send legal notice in terms of employee doing dual employment??
How to take action against employees involving in dual employment

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Hi Akila,

This depends upon the terms specified under the letter of appointment/employment contract between the employer and employee.

  • If the terms clearly prohibits dual employment considering it a ground for termination of employment, or
  • states that the employee should notify the employer about his/her dual employment elsewhere, seek a written consent from the employer (this is subject to the employer’s discretion considering various factors such as ‘no conflict of interest’, ‘dual employment that does not affect the employer’s interests or affects the work’, etc.,) - wherein the employee failed to notify/seek consent or intentionally concealed the fact of dual employment,

the employer can serve a show cause notice as to why not the employer consider taking suitable action against the employee.

A fair hearing prior taking any action against the employment is recommended to avoid any future disputes.

Regards,
Bhuvana Anand

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