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It's regarding my fiance.

He joined company A on a contractual role during COVID-19, i.e., September 2020, for a 3-month contract that was supposed to end on November 30,2020.
The contract agreement was duly signed and taken. Thereby, he was parallelly trying for a better and permanent role.

Just before the end of the contract,the company sent and extension mail without considering the employee,for which the employee (fiance) didn't acknowledge.

He got a job confirmation on 5 December 2020 and submitted his resignation on 9 December 2020 after informing HR over the phone.

As a result of which the HR didn't acknowledge or respond to the mail until 18th December 2020 irrespective of multiple calls which remained unanswered.

By dropping a mail on 18th December 2020 as last working day,he left and joined the current company on 21st December 2020.

In 2022, the previous company mailed a release letter asking to return the December salary.
He paid the full amount but received a release letter with LWD dated 07 January 2021(he started working on 21 December 2020).

The present company is a small startup that doesn't provide a PF deduction, so he didn't bother.

Now, he has been clearing interviews and getting confirmation but getting stuck in BGV.

He never worked for two companies simultaneously
Neither did he enjoy the money.

Kindly help with ur guidance.

From India, Kolkata

It sounds like your fiance had a somewhat complex situation with his previous employment and the contract extension. It's good to hear that he acted in good faith throughout the process.

Regarding the issue with the background verification (BGV) causing delays in his new job confirmations, there are a few steps that he could take to potentially resolve this:

Gather Documentation: Ensure that he has all the necessary documents related to his previous employment, including the original contract, resignation email, communication with HR, proof of payment for the December salary, and the release letter.

Explain the Situation: During the BGV process, he should be transparent and explain the circumstances regarding the contract extension, resignation, and payment of the December salary to the new employer. Providing all the necessary documentation will help support his explanation.

Contact the Previous Employer: If possible, he can try reaching out to the HR department of his previous company to clarify the situation, especially regarding the Last Working Day.”(LWD) discrepancy in the release letter. It might help to resolve any misunderstandings or issues.

Legal Consultation: In more complex cases, seeking legal advice or consulting with a Lawyer experienced in Labour laws could be beneficial. They can provide guidance on how to handle situations where there are discrepancies in employment documentation or if there are any legal implications to consider.

It's essential for your fiance to stay proactive and transparent throughout this process to ensure that any issues get resolved smoothly. Ultimately, honesty and clear communication with the new employer and potential employers during the BGV process will be crucial in clarifying any misunderstandings that may arise.


From India, Bangalore
He has stated this issue with utmost sincerity and honesty to his current recruiting HR but the HR asked him to resolve the issue within a week then only they would proceed with the joining.

Secondly,by all means he has tried to mail n get hold of global HR sending all the documents to the previous employer but they are sticking to their point saying"as per their records the LWD is correct" without providing any clarification or grounds.
We have posted the scenario in LinkedIn too tagging the company and CEO bt they are not in the intention of helping coz they company's HR is at fault somewhere.
Kindly guide please

From India, Kolkata

Why will the previous company bother?
Let's be realistic. Your fiancé knew of this problem in 2021 but didnt bother for 3 years.
You really think a company will bother to take any action for a person who left 3 years ago, that too without completing notice period (yes, he returned 18 days salary). Do you think that the company, or the MD is bothered with you tagging them on Linkedin?

One easy way (though incorrect) would be to have the current employer change the data of joining and make it 7th jan instead of 18th December. But I do not know how the HR of your new company will look at such a change at this stage.

There is very little anyone can do as such.
You dont really even have recourse to legal measures on this.
All you can really do, as RAGHUNATH said, is to request the HR to consider that it was a mistake in documentation and can not be corrected. But you have tried it already, and they refused to bother with it. So truly speaking, you are stuck.

From India, Mumbai

He did tell them when he received the relieving letter after aying the shortfall amount in 2021 but she didn't pay any attention,
He went back to them again in 2022 when he was getting interviewed for other companies.
He has been requesting them from then onwards.
We have all the trail mails.

From India, Kolkata

Like I said,
You have very little options.
For the future at least then (in case the new company does not accept your explanation), have the current company change the joining date to the one after their receiving date.

Logically, the new HR should understand that you left and then joined the new company, specially as you have paid back the amount as notice pay. But you have little leverage to force them to listen

From India, Mumbai
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