Adoni Suguresh
Sr.executive (per & Adm)
Sr. Hr Manager
Rajesh Kumar Dubey
Manager - Hr
+1 Other

I am Working in IT sector. My last working date of Current employer falls on October 1st. However, the other company annual cycle shall close by September and so I was asked to join before the end of September. So I wanted to join on September 29th. I discussed with my current employer HR and she agreed and asked me to take leaves for the last 3 days and join in the other company as per the planned date. But the last working date in the relieving letter shall be October 1st only.
My doubt here is, since my last working date of current employer overlaps with joining date of other company (For 3 days only), will I face any problem? My current HR is saying this is a normal issue and I won't face any problem. I communicated this to the other company HR also and waiting for her response. But I want to know does this works-out normally in IT? Kindly help

From India, New Delhi
If you leave & join another company on 29th Sept, than your LWD will be considered as 28th sept only by prev company & not 1st Oct. You can’t take leaves after your LWD !
From India, Mumbai
Hi Dixon, Thanks for the response. But the hitch here is, in the relieving letter issued by my current employer, they are going to mention my last working day as October 1st, where as my joining date in future employer will be September 29th. So there is a overlap of 3 days. If some future->future employer looks into it he may point this out. So is it legal and ethical to have such overlap, with the acceptance of both the parties?
From India, New Delhi
Yes, precisely for that, u ask them to state the correct date in the letter i.e. 28th sept. & not 1st Oct.
From India, Mumbai
Just to clarify, Last "Working" Day cannot be a leave. Since the word itself says working day, hence it cannot be a “off day”.
Additionally, for any leaves (which are paid), there are statutory obligations that need to be complied. Since the company will account that you are an employee for the organization, they will be required to comply with statutory guidelines and hence will show you as an employee (means working with company). This will lead to dual employment as you will be shown employee for second organization also and they will also have to comply with statutory requirements.
As recommended by Dixon, you will have to ask your current employer to relieve you before you join the new organization.

From India, Bangalore
Dear Mr.G.Sarma,
It is technically wrong to mention your last working day 1st october awith current employer and show 28th Sep with new employer. As Mr.Jose correctly mentioned that you can request your present employer to relieve on 30th Sep and there wont be any harm to join you on 1st Oct with new employer so that there wont be any gap in joining between two companies. You can request your present employer.
Adoni Suguresh
Labour Laws Consultant

From India, Bidar
My last company last working date and May current joining dates are same. I have one offer From 3rd company called X. Is there any problem while joining.I asked to my last company and current company to change Relieving date. But they are not ready to change the Relieving latter. Kindly suggest for the same.

From India, undefined
Generally there will be no problem either in joining or leaving but when you will go for your PF Transfer either On Line / Off Line , the both date can not be same.
The Joining date can not be earlier than relieving date and PF Transfer process will be hanged. If you have not any PF Contribution earlier , you may proceed for new assignments otherwise take timing for joining

From India
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