Hello. I had put down an instant resignation on 21-04-2023, saying to my company to consider 24-04-2023, as my last working day with them and had marked offical email for the same.
Since it was not possible for me to serve the resignation period of 60 days, I had mentioned them that I'm ready to pay the recovery charges for 60 days.
My old company did accept my resignation but kept forcing me to serve the resignation period, which was not possible for me.As I had a new opportunity in my hand, and my new employer wanted me join on immediate basis on 26-04-2023.
I had discussed this situation with my new Company's HR as well, and she said, since you've already given them in written to consider 24-04-2023 as my last working day with them, they well release the acceptance letter mentioning the last working day sonner or later.
Therefore I joined the new company on 26-04-203.
I kept following up with my previous employer to issue me an email saying 24-04-2023, as my last working day with them, but they kept dodging my emails. And kept plotting leaves for an entire month.
Now after one month I got an email from my previous employer that they had considered 21-05-2023 as my last working day. And now they are not ready to change it.
They deliberately kept plotting my leaves, so that my background verification fails with a new employer, on the grounds of dual employment.
My new employer has not initiated the background verification yet.
Please suggest as to what can I do now, my new employer is saying to get the last working day correct, otherwise I will fail the background verification and can be terminated.
But my previous employer is refusing to do so.
Please suggest How can I tackle this situation.
From India, Ludhiana
Since it was not possible for me to serve the resignation period of 60 days, I had mentioned them that I'm ready to pay the recovery charges for 60 days.
My old company did accept my resignation but kept forcing me to serve the resignation period, which was not possible for me.As I had a new opportunity in my hand, and my new employer wanted me join on immediate basis on 26-04-2023.
I had discussed this situation with my new Company's HR as well, and she said, since you've already given them in written to consider 24-04-2023 as my last working day with them, they well release the acceptance letter mentioning the last working day sonner or later.
Therefore I joined the new company on 26-04-203.
I kept following up with my previous employer to issue me an email saying 24-04-2023, as my last working day with them, but they kept dodging my emails. And kept plotting leaves for an entire month.
Now after one month I got an email from my previous employer that they had considered 21-05-2023 as my last working day. And now they are not ready to change it.
They deliberately kept plotting my leaves, so that my background verification fails with a new employer, on the grounds of dual employment.
My new employer has not initiated the background verification yet.
Please suggest as to what can I do now, my new employer is saying to get the last working day correct, otherwise I will fail the background verification and can be terminated.
But my previous employer is refusing to do so.
Please suggest How can I tackle this situation.
From India, Ludhiana
This is an area where the background verification team is focusing rousingly. They find it as something they have unearthed due to their brilliance. The employer who engages these agencies believe it as final and without asking why this has happened ask the employee to go.
If the previous employer has not paid salary, why should he keep the exit date pending is the question. If the employer has not exited an employee from the PF records, he cannot transfer the account nor can transact anything in the same. It is in order to avoid such unpleasantness that a link has been given to the employee / members in their portal itself to update the exit date. You should have updated the exit by yourselves. And now, if there is a mismatch in exit date with overlaping service, you can ask the employer to change it or place a complaint before the EPFO using the relevant link available in the website of EPFO. The rest, they will take care.
One think is important. You were working with an organisation and you decided to leave and it is upto you to decide when to go. If you were asked to go or your service is terminated, you will question the act of the employer, quoting the sections of law, clauses of appointment order and ethics that if I am asked to go with immediate effect how can I find an alternative job, is it legally fair to ask one to leave? etc etc. Now when you wanted to go, you needed it within one or two days, right? Did you allow the employer at least one week to find an alternative? No. In such a scenario, the employer will become hostile. Never blame them.
From India, Kannur
4248If the previous employer has not paid salary, why should he keep the exit date pending is the question. If the employer has not exited an employee from the PF records, he cannot transfer the account nor can transact anything in the same. It is in order to avoid such unpleasantness that a link has been given to the employee / members in their portal itself to update the exit date. You should have updated the exit by yourselves. And now, if there is a mismatch in exit date with overlaping service, you can ask the employer to change it or place a complaint before the EPFO using the relevant link available in the website of EPFO. The rest, they will take care.
One think is important. You were working with an organisation and you decided to leave and it is upto you to decide when to go. If you were asked to go or your service is terminated, you will question the act of the employer, quoting the sections of law, clauses of appointment order and ethics that if I am asked to go with immediate effect how can I find an alternative job, is it legally fair to ask one to leave? etc etc. Now when you wanted to go, you needed it within one or two days, right? Did you allow the employer at least one week to find an alternative? No. In such a scenario, the employer will become hostile. Never blame them.
From India, Kannur
But how can they change my last working day, if I had given them in written to consider 24-04-2023 to be my last working day ?
On the top of that they did not even inform me about my last working day, and kept stalling me for a month.
From India, Ludhiana
On the top of that they did not even inform me about my last working day, and kept stalling me for a month.
From India, Ludhiana
How did you leave the company without serving the notice period? There was absence of naturally justice, right? In the similar way they did not relieve you on your last working day but kept you on leave without pay so that no payment nor any PF contribution need be made but you could be put under pressure for the time being. Yes, it is for the time being and you can approach them and humbly request them to change the date of exit. They will do it.
I am against the practice of taking employees' PF details to find out the overlapping services and I would say that no one other than the employee/ member should know the dates of entry and exit and if there is any overlapping dates, it should be addressed by the employee only. The background verification agency acting like a detective has no right to go and verify such things. And the employer, deploying such agency and accepting the reports of agency should take a call only after asking the employee concerned.
I am afraid, if any employer do background verification of an employee joined to take up an engagement which is very important to the company, the availability of such a skill is very very limited in the market??
From India, Kannur
I am against the practice of taking employees' PF details to find out the overlapping services and I would say that no one other than the employee/ member should know the dates of entry and exit and if there is any overlapping dates, it should be addressed by the employee only. The background verification agency acting like a detective has no right to go and verify such things. And the employer, deploying such agency and accepting the reports of agency should take a call only after asking the employee concerned.
I am afraid, if any employer do background verification of an employee joined to take up an engagement which is very important to the company, the availability of such a skill is very very limited in the market??
From India, Kannur
I had marked them an offical email for the resignation, stating 24-04-2023 as my last working day with them, and had submitted my resignation on the portal. And also said since I'm not being able to serve the resignation period, I'm ready to pay 2 months of salary in lieu of that.
They did not mark me leave without pay. I had 27 paid leaves in my account and they kept marking those paid leaves, to complete my resignation period.
I've have requested them, but they are not changing the last working day.
From India, Ludhiana
They did not mark me leave without pay. I had 27 paid leaves in my account and they kept marking those paid leaves, to complete my resignation period.
I've have requested them, but they are not changing the last working day.
From India, Ludhiana
Hi,
You shouldn't have joined other company before the end of previous employment contract. Now you can explain your current employer about the situation and see whether they entertain.
" If the previous employer has not paid salary, why should he keep the exit date pending is the question" @ Mr.Madhu if an employee abscond in the middle salary cycle, normally we will not close the file immediately as we need to follow the disciplinary process .. like first warning letter followed by termination letter after 15-20 days. Till that time zero salary will be processed for the employee marking lop and employee will be kept active as per HR records. Once termination is served employee will be removed and LWD will be marked in employer's PF portal.
Apart from PF overlapping absence of proper relieving order itself will prove that employee didn't got relieved properly.
From India, Madras
You shouldn't have joined other company before the end of previous employment contract. Now you can explain your current employer about the situation and see whether they entertain.
" If the previous employer has not paid salary, why should he keep the exit date pending is the question" @ Mr.Madhu if an employee abscond in the middle salary cycle, normally we will not close the file immediately as we need to follow the disciplinary process .. like first warning letter followed by termination letter after 15-20 days. Till that time zero salary will be processed for the employee marking lop and employee will be kept active as per HR records. Once termination is served employee will be removed and LWD will be marked in employer's PF portal.
Apart from PF overlapping absence of proper relieving order itself will prove that employee didn't got relieved properly.
From India, Madras
If they had utilised your leaves balance, then they should have paid your contributions too because marking the days of absence as leave will make the employer pay the salary and it will obviously end in contribution only. Then it is going to be very serious and the employer cannot reverse the date of exit.
From India, Kannur
From India, Kannur
Can my new employer grant me exception for this ? Because I've not hidden anything from them.
Can I do anything against my old employer legally, as they intentionally changed my last working day, and did not even inform me about it ?
From India, Ludhiana
Can I do anything against my old employer legally, as they intentionally changed my last working day, and did not even inform me about it ?
From India, Ludhiana
If they have paid your contributions for the April month till 30th then they cannot change it. Then you should convince them and make the last working day as 30th April so that you can put the date of entry on 1st May. If they are very adamant that they will pay your contributions till 21st of this month so that the date of exit cannot be prior to this date, then the only possible way is to make your date of joining your present company as 22nd May. If that is okay, you can collect your salary from the previous employer till 21st May.
For your apprehension, "Can I do anything against my old employer legally," I would say that this is not the question of legality. Legally you might have the right to leave an organisation without notice also and on the side of the employer, whatever the employer has done is wrong, but this is not the time to debate. If your presence in the present office is very important to the employer, he will never go for any background verification and even if they go for it as a routine, they can reject any negative remarks on your past employment. But you cannot expect the same attitude from any more employers you join to work with.
From India, Kannur
For your apprehension, "Can I do anything against my old employer legally," I would say that this is not the question of legality. Legally you might have the right to leave an organisation without notice also and on the side of the employer, whatever the employer has done is wrong, but this is not the time to debate. If your presence in the present office is very important to the employer, he will never go for any background verification and even if they go for it as a routine, they can reject any negative remarks on your past employment. But you cannot expect the same attitude from any more employers you join to work with.
From India, Kannur
Well I understand your point. That's what I'm trying to convince them. I have meeting in this regards with my new employer. Let's see what they say.
But lets say if my new employer did not give me any positive response. And I choose to leave. Then will it reflect in my background check for next organisation that I may join, that I was involved in dual employment ? Because background verification has not been conducted yet.
From India, Ludhiana
But lets say if my new employer did not give me any positive response. And I choose to leave. Then will it reflect in my background check for next organisation that I may join, that I was involved in dual employment ? Because background verification has not been conducted yet.
From India, Ludhiana
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