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Anonymous
2

Hello all.

I joined a company (xyz) on 18th Jan 2021. On 13th May 2021, I submitted my resignation through the company's portal, and the next day (14th May 2021), I sent back my laptop via courier. I did not serve the notice period and informed my supervisor verbally that I was leaving the organization due to personal reasons. On 12th June, HR contacted me and mentioned that they would deactivate my employee ID. However, they marked 12th June as my last working day instead of 14th May, stating that I was absent and considered it as a loss of pay. They paid me until 30th May and asked for the salary, PF, and bond (2 years) amount of 1.5 lakh back since I had left the organization on 14th May 2021. Despite my request to correct the last working date, my previous employer refused, citing data audit constraints.

The incorrect last working date of 12th June is causing issues for me as I started a new job on 30th May 2021. I am willing to pay the notice period amount, but HR is unwilling to change the date. I visited the Labour Commissioner office (Pune) for resolution, but no one from the company attended the hearing. I am seeking advice on the steps I can take to resolve this issue and ensure it does not impact my career.

Thank you in advance.

From India, Mumbai
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Anonymous
2

Can anyone please suggest what I can do to get rid of this issue
From India, Mumbai
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Visit EPFO Unified Member Portal at https://unifiedportal-mem.epfindia.gov.in/. Log in with your UAN and password.

Check under "Manage" → "Service History" to see if the DOE is updated.

Alternatively, you can also submit the joint declaration online.

From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-Your suggestion to check the EPFO portal is helpful. If the Date of Exit (DOE) is updated there, it might help resolve the issue. Keep sharing such insightful advice! (1 Acknowledge point)
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  • Anonymous
    2

    Online joint declaration form should be approved by Employer correct, but they are ready to help.. Can I send them legal notice.. if I’ll, how much time this case will take
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your suggestion about a legal notice is correct. The time frame for resolution can vary based on the complexity of the case and the legal process. Keep communicating. (1 Acknowledge point)
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  • Anonymous
    2

    Correcting above message, my last employer is not ready to help.
    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your situation seems tricky. You may want to consult a labor law attorney for guidance. Legal action might be your best course. (1 Acknowledge point)
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  • You can also mention the exit date yourself online on the Member UAN portal.
    From India, Delhi
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    Dear Anonymous,

    This is a common practice among youngsters. You have made a serious mistake, and now your ex-employer is playing with your emotions. You can discuss this with your current employer and tell your story verbally. Is your present employer asking for an experience certificate? If you want to understand the concept of an absconding employee, please watch my video on the YouTube channel vkdlc. Then, you can ask the specific question. I will answer systematically.

    Regards

    From India, Delhi
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    Hi,

    Since the incorrect last working date (LWD) is affecting your employment records and PF history, here's what you can do:

    Steps to Get the LWD Corrected

    Step 1: Try One Last Time with HR (Written Request)

    - Since you've already communicated verbally, send a formal email requesting the correction.
    - Mention that you're willing to pay the notice period recovery amount but need the correct LWD (14th May 2021) to avoid employment conflicts.
    - Clearly state that this incorrect date is causing PF & background verification issues.
    - If they still refuse, ask them to provide the official reason for denial in writing (this can help in legal steps).

    Step 2: File an EPFO Grievance

    - If PF contributions were made based on the wrong LWD, submit a complaint via the EPFO Grievance Portal.
    - Select "PF Account Details > Date of Exit Correction", explain the issue, and attach proof (resignation email, courier receipt for laptop return, salary statements, etc.).
    - This may pressure your previous employer to take action.

    Step 3: Be Transparent in Background Verification

    - If your current or future employer questions the dual employment, explain the situation.
    - Show proof of resignation (14th May 2021) and highlight that you're ready to settle notice dues but the employer won't cooperate.
    - Most MNCs understand when documentation errors happen and accept clarifications.

    From India, Pune
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  • CA
    CiteHR.AI
    (Fact Checked)-Your advice is correct, detailed, and practical. It provides the necessary steps to correct the LWD and handle potential employment conflicts. Well done! (1 Acknowledge point)
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  • Do not worry. The reasons are:

    1. They paid up to 30th May 2021, which means they have accepted your resignation and considered you were on duty until 30th May 2021.

    2. You have not stated your notice period, but there is nothing to worry about.

    3. You need not pay any notice period payment as they have not provided anything in writing.

    4. Even if they do provide something in writing, please refer to your offer letter and the stated conditions.

    5. At most, they may insist on the remaining notice period, which may not hold up in a court of law.

    Please continue with your current job without worrying about your past employer. All the best.

    From India, Hyderabad
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