Anonymous
Hi All, To sum in short:

Company A- Joining date Apr 28, 2020
Last working Day- 29th Sept 2020
(I was laid off in July 2020, however, the company paid me a salary till Sept 2020) As per the letter, Company A has clearly stated to look out for other opportunities due to no projects

Company B- Joining date July 15, 2020 (I joined Co B immediately since I had no jobs after a lay off from Co A)
Last working Day- Nov 2022

I have Company letters from both organizations.

Now I am joining Company C who is raising concerns about Dual employment. How does it really matter for other firms during BGV when I have legally received letters from both companies? And I have given clear justification for I was laid off and hence I joined a second company. Company A was fine in giving me a Service letter even after knowing I4 was employed in Company B during July, August, and Sept 2020.

From India, Bengaluru
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Vmlakshminarayanan
Sr.manager - Hr&admin
Audnis
Chief Accountant, India
Agarwal BD
Hr Head

vmlakshminarayanan
597

Hi,

As per your statement though you got relieved from Company A by Jul,2020, Company A processed salary for you till Sep,2020 which means whether company A kept you on rolls till Sep,2020 or salary payable till Sep,2022 they calculated in advance and paid you along with lump sum amount.

If Company A kept you on rolls till Sep,2020 and processed salary for you till Sep,2020 then they might had processed PF also but you had joined in Company B by Jul,20 itself. This might had reflected in the UAN portal.

Please check what is the last date of working mentioned in Company A relieving letter.

Any way now that you have proper proof in place you can explain to Company C about the happening.

From India, Madras
Anonymous
Hi Sir... Thank you for your valuable insights... I have company A Relieving letter dated sept 2020.. which is now creating problem to Company C during BGV verification which is showing as dual employment.

Don't know how to tackle this issue now...

From India, Bengaluru
Anonymous
At that time I had actually missed to intimate them on my new job.. hence they had paid me off salary till sept 2020. I had not collected my Releiving letter that time...

However now Company C told me to get Releiving letter from Company A.. Company A gave me Relieving letter even after informing them on overlapping of dates..

Still Company C is not satisfied.. and they are saying they can't take me due to dual employment..

From India, Bengaluru
audnis
10

First check the details of PF for company A & Company B.
You left Company A on 14-July-2020, Joined Company B on 15-July-2020.
Now have your Company A deducted PF till 30-Sept.-2020?
Have Company B also deducted PF from 15-July-2020 to 30-Sept-2020?
How come the PF department doesn't raise an issue for this double deduction?
Now coming to the dual Employment issue:
As far as dual employment concern by Company C, it is just ridiculous. I think this Company C is not reliable so just ignore and leave the job.
For your good future you need to get insulated with this employment issue between Company A & Company B,

As per my opinion:
1. Check Company A- Laid off letter- Does it says you are laid off from 14-July-2020 your last working day, and you are at liberty to seek employment elsewhere. You will be paid as compensation your salary till 30-Sept-2020. If this specific wording is available then you are safe from all legal angles. If not please get in touch with Company A, and get a letter with clarification or in continuation of your Laid off letter that your last day of working is 14-July-2020 and you are at liberty to seek employment elsewhere from today. The salary from 15-July-2020 to 30-Sept-2020 is compensation and therefore it does not count as Salary. (PF is an other issue, don't mix it up)
2. Had you mentioned in your application seeking employment with Company B that you are laid off on 14-July-2020 from Company A, and therefore seeking employment? If you have a proof of this then you are on safe side and neither you hide relieving on 14-July-2020 from Company A the last working day and joining on 15-July-2020 in Company B.
3. Company C is just a tactics and this topic even it is sorted out by Company C, will be a laughing issue at a later date amongst the staff and insult you. So better don't work for Company C. When they did not accept it in the first instance but try to malign you with doubts.
4. PF ask a consultant about it. If the PF is wrongly deducted beyond 14-July-2020 it could be adjusted in the Annual Return which will be done by the consultant in the whole lot of company staff. PF department too will check it so you need not worry about. Contact your Company A & Company B consultants and check it. Also check your PF statement does it shows deduction and remittance from Both the Company??
Today dual employment is a talkative subject around the globe so better get it order.
As far as PF it is a separate issue.
Another thing is check the letter of intimation by Company A, informing you

From Saudi Arabia
Agarwal BD
3

Ethically it is incorrect to accept salary for same period from two employers. An ethically conscious organization will view it as a serious offence as it reflects on the integrity of the person.
From India, Kolkata
vmlakshminarayanan
597

Hi,

Better contact Company A for No objection certificate stating that you got relieved officially on ___ but salary was paid till Sep 20___ and they have no objection on your joining with Company B by 15th Jul,2020. This certificate company C might accept. Please try.

From India, Madras
audnis
10

It is clearly a matter of misunderstanding, without consulting a proper Labour HR consultant outside agency.
Here two things you have to see. Say an employee leaves the organization and give notice. Here the appointment letter may say either one month notice period, or pay one month salary for immediate relieving.
So also the company say either one month notice or one month pay and get relieved.
In these cases the one month is treated as compensation received or paid as the case may be as the person need to work only TILL THE DATE HE IS ON EMPLOYMENT INSIDE THE COMPANY AND GET RELIEVED,and all the laws for PF etc etc. are applicable only till that date.
But after having relieved him on 14th July, 2020 but dragging his employment till 30-September-2020 when he is not at all in attendance is quite a unnatural thing.
So here a clear cut NO OBJECTION CERTIFICATE to clear him from any discredit of double employment is needed for all his future career.
The point to be sorted out. The question raiser had also not clarified to the forum about the status of PF double deduction one from Company A and second from Company B or not.

From Saudi Arabia

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