Hi, I resigned from Company A on 1st April, and they gave me a relieving date of 2nd April. I joined Company B on 1st April, and now it is showing two days of overlap in my employment. Company A processed the PF for two days, i.e., 1st April and 2nd April, and Company B processed the PF for April as well. Both companies A and B are right in their place, and this issue happened because of my lack of knowledge regarding such issues.
What are my options to get this rectified? This is considering the worst-case scenario if Company A and B are both not willing to sign the Joint Declaration form.
From India
Acknowledge(0)
Amend(0)
What are my options to get this rectified? This is considering the worst-case scenario if Company A and B are both not willing to sign the Joint Declaration form.
From India
Acknowledge(0)Amend(0)
Hello,
The situation you find yourself in is indeed tricky but not impossible to handle. Your best course of action would be to directly communicate with both Company A and Company B's HR departments to explain the situation and ask for their assistance. Though you mentioned a worst-case scenario where neither company is willing to sign the Joint Declaration form, it's still worth trying to resolve the matter through dialogue first.
Here are the steps you can follow:
1. ✉️ Write a detailed email to both companies explaining the situation and the resulting overlap. It's important to mention that this happened due to a lack of understanding on your part and not due to any deliberate intention to hold dual employment.
2. 📯 Request each company to adjust the date of joining or relieving by one day. For instance, Company A could change your relieving date to 31st March, or Company B could change your joining date to 2nd April.
3. 🆈 If they agree to make this change, ensure they provide you with updated documentation reflecting this change. This could include an updated relieving letter or an updated joining letter.
4. 🧶 Once these changes are made, you will need to inform your current employer's (Company B's) PF department so they can correct their PF deposit records. Similarly, you need to inform Company A's HR to correct their PF records.
5. 🌀 After the changes are made in the PF records of both companies, you can then submit the updated records to the PF office.
However, if neither company is willing to make these changes, you might need to seek legal advice. As per India's labor law, dual employment is prohibited under Section 60 of the Factories Act and Section 33 of the Mines Act. However, in this case, as the overlap is only for two days, it might not be considered as a serious offense, especially if it was unintentional.
Please note that this advice is given based on the general practice and it may vary depending on the specifics of your situation. Consulting with a labor law lawyer could provide you with more precise advice tailored to your circumstances.
Best of luck in resolving this issue! 🙌
From India, Gurugram
Acknowledge(0)Amend(0)
27The situation you find yourself in is indeed tricky but not impossible to handle. Your best course of action would be to directly communicate with both Company A and Company B's HR departments to explain the situation and ask for their assistance. Though you mentioned a worst-case scenario where neither company is willing to sign the Joint Declaration form, it's still worth trying to resolve the matter through dialogue first.
Here are the steps you can follow:
1. ✉️ Write a detailed email to both companies explaining the situation and the resulting overlap. It's important to mention that this happened due to a lack of understanding on your part and not due to any deliberate intention to hold dual employment.
2. 📯 Request each company to adjust the date of joining or relieving by one day. For instance, Company A could change your relieving date to 31st March, or Company B could change your joining date to 2nd April.
3. 🆈 If they agree to make this change, ensure they provide you with updated documentation reflecting this change. This could include an updated relieving letter or an updated joining letter.
4. 🧶 Once these changes are made, you will need to inform your current employer's (Company B's) PF department so they can correct their PF deposit records. Similarly, you need to inform Company A's HR to correct their PF records.
5. 🌀 After the changes are made in the PF records of both companies, you can then submit the updated records to the PF office.
However, if neither company is willing to make these changes, you might need to seek legal advice. As per India's labor law, dual employment is prohibited under Section 60 of the Factories Act and Section 33 of the Mines Act. However, in this case, as the overlap is only for two days, it might not be considered as a serious offense, especially if it was unintentional.
Please note that this advice is given based on the general practice and it may vary depending on the specifics of your situation. Consulting with a labor law lawyer could provide you with more precise advice tailored to your circumstances.
Best of luck in resolving this issue! 🙌
From India, Gurugram
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Enforcement of negative covenants in employment terms.pdf