Hello,
I have a question about the legality and ethics of the situation I am in.
I have been in the UK for the last 2 years. Before moving here, I was working for a large MNC in India. When I migrated here, I took leave without pay and came here to search for a job. After arriving here, I found a job within 3 weeks and was asked to join immediately.
I joined on the 20th of May, and the employer did not ask for a relieving letter. I submitted my resignation on the 18th of May at the MNC in India and received my letter dated 13th June. Now, I am transitioning to another company that places a high emphasis on reference checks, and I am concerned about how best to explain this situation.
My questions are:
1. Is it legal to join Company A in the UK while I was on unpaid leave at Company B in India?
2. Would it be considered unethical for me to have done what I did, and will it impact my chances of passing the reference check?
I look forward to your replies.
Thanks in advance for the support.
Regards,
DeepInTrouble
From United Kingdom, London
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I have a question about the legality and ethics of the situation I am in.
I have been in the UK for the last 2 years. Before moving here, I was working for a large MNC in India. When I migrated here, I took leave without pay and came here to search for a job. After arriving here, I found a job within 3 weeks and was asked to join immediately.
I joined on the 20th of May, and the employer did not ask for a relieving letter. I submitted my resignation on the 18th of May at the MNC in India and received my letter dated 13th June. Now, I am transitioning to another company that places a high emphasis on reference checks, and I am concerned about how best to explain this situation.
My questions are:
1. Is it legal to join Company A in the UK while I was on unpaid leave at Company B in India?
2. Would it be considered unethical for me to have done what I did, and will it impact my chances of passing the reference check?
I look forward to your replies.
Thanks in advance for the support.
Regards,
DeepInTrouble
From United Kingdom, London
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Hi,
Whatever you have done is somewhat unethical if it is included in your employment letter provided by an MNC in India, indicating that during your employment with the company, you are not eligible to work with another company, individual, or partnership on a full-time or part-time basis. Please review that clause. Ideally, the company in India was expected to take action against you if this restriction was included in their appointment letter.
Regarding references, if everything else is in order, provide them with all the necessary details for verification. If any issues arise during the reference check, they will likely request an explanation. As a potential employee, try to make them understand that due to certain circumstances, you needed to move to the UK and stay there. You verbally informed the Indian company about this, and although they were not very willing to release you, they granted you leave and asked you to rejoin if your circumstances allowed. Therefore, you did not submit a resignation previously, and so on.
Thank you.
From Malaysia, Kuala Lumpur
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2Whatever you have done is somewhat unethical if it is included in your employment letter provided by an MNC in India, indicating that during your employment with the company, you are not eligible to work with another company, individual, or partnership on a full-time or part-time basis. Please review that clause. Ideally, the company in India was expected to take action against you if this restriction was included in their appointment letter.
Regarding references, if everything else is in order, provide them with all the necessary details for verification. If any issues arise during the reference check, they will likely request an explanation. As a potential employee, try to make them understand that due to certain circumstances, you needed to move to the UK and stay there. You verbally informed the Indian company about this, and although they were not very willing to release you, they granted you leave and asked you to rejoin if your circumstances allowed. Therefore, you did not submit a resignation previously, and so on.
Thank you.
From Malaysia, Kuala Lumpur
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Hi Seema,
I understand that what I have done might be unethical. But have there been people who have had this problem and have come out unscathed? Do you think that if I were to speak to my previous employer and explain the situation, would they then penalize me and provide me with a no-objection letter? I am just looking for people who have had a similar experience.
Thanks again,
DeepinTrouble
From United Kingdom, London
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I understand that what I have done might be unethical. But have there been people who have had this problem and have come out unscathed? Do you think that if I were to speak to my previous employer and explain the situation, would they then penalize me and provide me with a no-objection letter? I am just looking for people who have had a similar experience.
Thanks again,
DeepinTrouble
From United Kingdom, London
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Dear DeepinTrouble,
You were on leave (loss of pay) when you came to the U.K. So, you "actually" stopped working since the day you took leave. Meanwhile, you joined a company on the 20th of May. Before joining, you took the precaution of sending your resignation letter to your earlier company on the 18th of May. Now, your company gives you a letter, (supposedly, a relieving letter), on the 13th of June. Now, you are worried that since this letter was dated 13th June, and you had already joined the new company on 20th May; whether you have committed a grave error/sin/crime? Well, suppose your previous company has not issued you any 'letter', or does not intend to issue any such letter in the future; WOULD YOU HAVE REMAINED UNEMPLOYED FOR THE REST OF YOUR LIFE?? Try to find the answer, which will also help you in resolving your dilemma. I do not think any company would be dumb enough not to understand this when you explain these circumstances.
Warm regards.
From India, Delhi
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You were on leave (loss of pay) when you came to the U.K. So, you "actually" stopped working since the day you took leave. Meanwhile, you joined a company on the 20th of May. Before joining, you took the precaution of sending your resignation letter to your earlier company on the 18th of May. Now, your company gives you a letter, (supposedly, a relieving letter), on the 13th of June. Now, you are worried that since this letter was dated 13th June, and you had already joined the new company on 20th May; whether you have committed a grave error/sin/crime? Well, suppose your previous company has not issued you any 'letter', or does not intend to issue any such letter in the future; WOULD YOU HAVE REMAINED UNEMPLOYED FOR THE REST OF YOUR LIFE?? Try to find the answer, which will also help you in resolving your dilemma. I do not think any company would be dumb enough not to understand this when you explain these circumstances.
Warm regards.
From India, Delhi
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Hi Raj,
Absolutely, that's the way I look at the issue. However, it is these reference check companies that I need to deal with where I do not get a chance to explain. So this is what happens:
Employment Dates
At Company A: 10-May-2007 to 13-June-2008
At Company B: 20-May-2008 to 19-Aug-2010
I do hope the company that I am joining is not dumb enough or conservative enough for this.
Cheers again, Raj.
DeepInTrouble
From United Kingdom, London
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Absolutely, that's the way I look at the issue. However, it is these reference check companies that I need to deal with where I do not get a chance to explain. So this is what happens:
Employment Dates
At Company A: 10-May-2007 to 13-June-2008
At Company B: 20-May-2008 to 19-Aug-2010
I do hope the company that I am joining is not dumb enough or conservative enough for this.
Cheers again, Raj.
DeepInTrouble
From United Kingdom, London
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Dear Deep in trouble,
You can inform the company C (new company) in advance about the overlapping so no questions arise instead of them asking you. Additionally, you should have asked or you can ask now the company A for a relieving letter where the last working date is mentioned as your resignation date (which is usually the practice).
Rgds,
Neha
From India, New Delhi
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You can inform the company C (new company) in advance about the overlapping so no questions arise instead of them asking you. Additionally, you should have asked or you can ask now the company A for a relieving letter where the last working date is mentioned as your resignation date (which is usually the practice).
Rgds,
Neha
From India, New Delhi
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Another option can be:
Employment Dates:
At Company A: 10th May 2007 to 18th May 2008 (Date of Resignation; Relieving letter dated 13th June 2008)
At Company B: 20th May 2008 to 19th August 2010
Hope the above would be useful.
Warm regards.
From India, Delhi
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Employment Dates:
At Company A: 10th May 2007 to 18th May 2008 (Date of Resignation; Relieving letter dated 13th June 2008)
At Company B: 20th May 2008 to 19th August 2010
Hope the above would be useful.
Warm regards.
From India, Delhi
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Hi Neha and Raj,
Asking Company A is out of the question as I know it won't happen. As per Neha's suggestion, "You can inform the company C (new company) in advance." What shall I say is the reason for this? The reason needs to hold water. Would really appreciate some good reasons that can help.
Cheers,
DeepinTrouble
From United Kingdom, London
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Asking Company A is out of the question as I know it won't happen. As per Neha's suggestion, "You can inform the company C (new company) in advance." What shall I say is the reason for this? The reason needs to hold water. Would really appreciate some good reasons that can help.
Cheers,
DeepinTrouble
From United Kingdom, London
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Enforcement of negative covenants in employment terms.pdf