Is It Normal to Have Overlapping Employment Dates in the IT Sector? Seeking Advice

I am working in the IT sector. My last working date with my current employer falls on October 1st. However, the other company's annual cycle closes in September, so I was asked to join before the end of September. Therefore, I wanted to join on September 29th. I discussed this with my current employer's HR, and she agreed. She asked me to take leave for the last 3 days and join the other company as planned. The last working date in the relieving letter will still be October 1st.

Concern About Overlapping Employment Dates

My concern is that since my last working date with my current employer overlaps with the joining date of the other company (for 3 days only), will I face any problems? My current HR mentioned that this is a common issue and I shouldn't face any problems. I have also informed the HR of the other company and am awaiting their response. I would like to know if this situation is normal in the IT industry. Can you kindly help me with this?

If you leave and join another company on 29th Sept, then your Last Working Day (LWD) will be considered as 28th Sept only by the previous company and not 1st Oct. You can't take leaves after your LWD!

Hi Dixon, thanks for the response. The hitch here is that in the relieving letter issued by my current employer, they are going to mention my last working day as October 1st, whereas my joining date with the future employer will be September 29th. This results in an overlap of 3 days. If a future employer looks into this, they may point it out. So, is it legal and ethical to have such an overlap with the acceptance of both parties?

Yes, precisely for that, you ask them to state the correct date in the letter, i.e., 28th Sept. and not 1st Oct.

Clarification on Last Working Day and Leave

Just to clarify, the last "working" day cannot be a leave. Since the term itself implies a working day, it cannot be an "off day." Additionally, for any leaves (which are paid), there are statutory obligations that need to be complied with. Since the company will account for you as an employee of the organization, they will be required to comply with statutory guidelines and hence will show you as an employee (meaning working with the company). This will lead to dual employment as you will be shown as an employee for the 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.

Regards,
Sudhanshu

It is technically incorrect to mention your last working day as October 1st with your current employer and show September 28th with the new employer. As Mr. Jose correctly mentioned, you can request your present employer to release you on September 30th, and there won't be any issue in joining your new employer on October 1st. This way, there will be no gap in joining between the two companies. You can make this request to your current employer.

Regards,
Adoni Suguresh
Labour Laws Consultant

Hello,

My last company's last working date and my current joining date in May are the same. I have an offer from a third company called X. Is there any problem with joining? I have asked my last company and current company to change the relieving date, but they are not willing to change the relieving letter. Kindly suggest a solution for the same.

Thank you.

Generally, there will be no problem either in joining or leaving. However, when you go for your PF transfer, whether online or offline, the dates cannot be the same. The joining date cannot precede the relieving date, as this will cause the PF transfer process to be halted. If you have not made any PF contributions previously, you can proceed with new assignments. Otherwise, please coordinate the timing for joining.