Throwaway1234
1

I had helped a staffing company to set up IT infrastructure for an exam in October 2020. They paid 10500 Rs as a goodwill payment. But they have created Member ID against my UAN without my consent. Entry and exit dates are same and itís 01-10-2020. I have not signed any employment contract with them. I have also not signed PF2 and PF11 forms. Had no idea about the created member ID until recently.

I am currently serving my notice period in the current company. 31st Mar is my last working day. My current company is considering this as dual employment.

The staffing company has provided a certificate which clearly states that there was no formal job agreement and it was a voluntary service.

I am an IIT-IIM graduate. My salary was more than 10 times the amount they have credited.

I would be joining the new company on 3rd April. Will they let me join?

Is my entire career destroyed?

From India, Pune
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Madhu.T.K
Seasoned Ir Professional
Alok-singh1
Labour Laws & Ir.
Throwaway1234
Senior Research Analyst

Madhu.T.K
4032

By mistake the staffing company had created PF member id for you and that was exited on the same day itself. No contribution nor any service is there. Then how did your current company come to know about this member id? When you join a new establishment, why should you disclose this member Id creation? If the company you are currently working has not created any member id, and you wish that you should be outside the purview of PF schemes, ignore the fact that the staffing company has created an Id and UAN for you. The dual employment matter, ie, doing a business of profit while being employed in a company, raised by your current company is separate issue and that should be settled separately. If you do not have a member id other than the one created by the staffing company, you can ignore it while joining a new company. But if the new company policy is that everyone who joins them should be covered by EPF, then you will have to disclose the UAN created by the staffing company to them. This is because, with the same adhar and telephone numbers, you cannot create another UAN with the company you join. It is okay if the current company has given you PF and created UAN because if that is the situation, you can give that UAN and continue the same.
From India, Kannur
Throwaway1234
1

Thanks for replying Sir.

There is a small contribution to PF for that one month.

My current company has been contributing to a different member ID with same UAN since May 2019.

The next company also contributes to PF.
I have already provided my UAN to the new company.

My doubt is if my current company writes this in the relieving letter, will I be given a chance to explain in the new company?

From India, Pune
Madhu.T.K
4032

Why should the current company mention the existence of another member id in the relieving order? The relieving order will not contain such information. The employer is not concerned with how many UAN do you have. They will only ask for UAN and once you give it (the one to which your current company is contributing since May 2019) the PF member id (which is always different for different companies) will be created for you and they will start contributing to it. Now it is the employees who have to transfer the funds from one member id to another through the facility available in their respective member portals. You can also transfer the amount in your account in staffing company's PF to your new company. The current/ new employer has nothing to do with it so long as the approval part is given to the staffing company by selecting 'approval through "previous" company.
From India, Kannur
Throwaway1234
1

But
Will the current company mention the escalations raised against me due to Dual Employment in the relieving letter or experience letter?

The current company is in Finance domain. The compliance is strict.

From India, Pune
Madhu.T.K
4032

Usually not. But I cannot say anything about your dual employment. The employer need not specify such things unless there is any rivalry between the employee and employer.
From India, Kannur
alok-singh1
75

Dear Throwaway,
Please note that-UAN stands for Universal Account Number to be allotted by EPFO. The UAN will act as an umbrella for the multiple Member Id's allotted to an individual by different establishments. The idea is to link multiple Member Identification Numbers (Member Id) allotted to a single member under single Universal Account Number.

Madhu Sir is right. and worry not, at the time of relieving your current employer will be follow their own relieving format and they will not mention these things in relieving letter and anywhere so no need to worry and no need do disclose with anyone once you will join they will allot new Member Id with same UAN.


Throwaway1234
1

Thank you Madhu sir and Alok sir My current organisation has given me a warning letter without any disciplinary action. I guess, I donít have to worry now.
From India, Pune
Madhu.T.K
4032

That you just ignore. Usually the HR will not press for that.
From India, Kannur

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