OCD
Hello Everyone,

I am stuck in a complete mess and need your advise on how to solve this.

During Covid I was out of a job, for temporary basis I joined 'Company A on 01-Feb-2020' for a few months until I found a job that fit my profile and found it in 'Company B'. But, 'Company B' only hired immediate joiners and I did not have the luxury to server notice period and miss this opportunity. Therefore, I called my 'Company A' manager and spoke on the phone and told that I quit on '07-May-2020' returned the laptop on '08-May-2020' and joined 'Company B on 13-May-2020' and did not look back and I did not showcase 'Company A' service to 'Company B' and told them I was unemployed during that period.

After 2 years, I got a better opportunity in 'Company C'. Now, during background verification for 'Company C' in EPF portal it has been updated as below:
Company A Service: 01/Feb/20 to 15/Jun/20
Company B Service: 13/May/20 to 01/Dec/22
(One month overlap in employment)

'Company A' did not consider me as 'Abscond' and did not terminate my employment immediately on '08-May-2020' as they should have. Instead, they paid me salary for entire month of 'May-2020' even though I had left the organization and updated my last working day as '15-Jun-2020' and simultaneously I also received salary from 'Company B'. Hence, in the month of 'May-2020' I received payments from both companies with PF entry in EPF and I was very naive and did not think about the future consequences and kept the payment without question.

I did not showcase 'Company A' service to 'Company C' and told them I was unemployed during that short period but they still dug up that history and highlighted this overlap in employment by locating this data in EPF portal and revoked my offer stating that it is illegal to have dual employment and no matter how many times I explained that I did not work simultaneously with two companies they have revoked my offer and now I am unemployed and they told me to contact 'Company A' to get this corrected.
Even though I had not updated 'Company A' service in my resume and this is not counted in total experience, I'm not sure why 'Company C' is stressing on this overlap.

The only point of contact with 'Company A' is through email and they did not let me inside the premises when I visited the office physically and they told me to voice my concern through email only. I have sent numerous emails to the HR team from the past few weeks but they did not respond to even one. I am ready to refund the payment to 'Company A' and do whatever it takes but without their response I'm lost.

Please let me know how to get this issue solved as my entire career is at stake and the only option I think is left is for me to seek legal help.


PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Alok-singh1
Labour Laws & Ir
OCD
It

alok-singh1
51

Hello,
For PF Exit date, Companies consider the last working day of the employee.
Discuss with your HR personnel for same, you can try through Joint Declaration By the Member and The Employer otherwise you can visit your nearest PF Office for same they will be suggest prompt and positive response to get it resolve.



Attached Files (Download Requires Membership)
File Type: pdf PF Correction form.pdf (76.6 KB, 12 views)

OCD
Hi Alok,

Thank you for your response. Yes, I agree that companies consider the last working day of the employee in PF Exit date but in my case I had already left the organization without serving notice period and they still continued to pay me salary and extend my last date of their choice which has caused this problem of overlap.

Also, 'Company A' is not responding at all to any of my emails and I do have this 'Joint Declaration Form' with me but if they are not replying to me at all how do I get their stamp and signature in that form to submit in PF office?

Please advise how to make this company take this seriously and reply to me, would a letter my a lawyer suffice or would that make it worse? Because an individual fighting against a corporation will never win.


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