Overlapping Job Dates and PF Transfer: How to Handle Future Career and Verification Concerns?

Overlap in Employment Dates and PF Transfer Issue

Please help me. I have a 2-day overlap in my job.

1st company - Date of exit: 26th July 2018
2nd company - Date of joining: 25th July 2018.

I am unable to transfer my PF. I requested my previous company to help me out, but they said they cannot do anything, and this can be done by the new company. So, I requested the new company, and the HR tried her best and initiated the process and sent an email to management for approval. Now, the legal team of my current company is saying that as per the policy of this company, it is fine, and let it be as it is. I do not have any employment issue in my current company, which they have confirmed. They will help me in rectifying PF either by giving a declaration or withdrawing the amount.

Future Career Implications and Background Verification

I wanted to know if this could be an issue with my future career turns. How should I relax with this situation? What would be my future implications? How do I tackle the background verification process? I didn't know at that time that this could become such a big issue.

You have not explained how this has happened. Did you report on the very same day on the 26th (AN after office hours) when you were relieved, or on the 25th of July before you were relieved? Is this an error in feeding the data or what? What does your relieving letter state as the date of relief? And what exactly is your reported date?

Communication Gap and PF Transfer Issue

It happened due to a communication gap between various people. I informed them of this last month when I encountered a hindrance in the PF transfer. My current company had completed the background verification, and it was green, so there was no issue until today. I raised the error, and the HR team initiated the correction process and consulted with the legal team. The legal team of my current company mentioned that, as per company policy, there should not be any issue, and they suggested two options:

1. To go back and request the previous company to fix the issue. I have tried this extensively, but they have stated that it cannot be done as the account is closed.

2. To proceed with a manual transfer.

The relieving letter states 26th July 2018 as the official date, but due to verbal confirmation from my manager, I joined on 25th July 2018, which was not communicated to the HR of the previous company.

I understand that this is a mistake that could impact my career. I just wanted to know if I will be able to switch to the next company with this issue. Are there any areas of concern that I should be aware of?

I'm not discussing any legal or procedural aspects here, only logical issues. Recollect and let me know if you were paid (salary & other settlements) up to what date - 25th or 26th July. If they paid you for the 25th & 26th as well, refund the proportionate amounts received in excess by a crossed cheque and send a request letter asking them to issue a formal letter treating the relieving date as 24.7.18. This information is crucial to conclude on this issue. If this goes well, follow up with your present employer will be done.

I don't think you'll face any serious issues as you have an authentic relieving letter, which obviously needs to be amended with retrospective effect. You may need to organize corrections in the current employer's records for any aberrations accordingly. Don't worry, things could be sorted out if you take care of what needs to be done in this situation as it warrants.

As per the current scenario, both organizations have informed me that they cannot change the date. So, I do not have the option to get the dates rectified. I tried my best to request them, but it didn't work. Both companies have their own reasons. My current employer is not creating any issue with my employment, but at the same time, they are not ready to change the date in their database.

What could be the impact on my future jobs with this situation?

"Recollect and let me know if you were paid (salary and other settlements) up to what date - 25th or 26th July. In case they paid you for the 25th and 26th, also refund the proportionate amounts received in excess by a crossed cheque. Send a request letter to them asking for a formal letter to treat the relieving date as 24.7.18. This information will be crucial to conclude this issue.

Please clarify my above query. Please understand that we are not sitting in judgment or adjudicating on behalf of you three. We are trying to find a workable solution based on the available information to address the problem that has arisen, which cannot be undone."

I have corrected the spelling, grammar, and punctuation errors in the user's input and adjusted the paragraph formatting to ensure clarity and coherence.

I was paid for the 25th and 26th of July from my previous company. I requested them to change the date, and I will refund the amount for those 2 days, but they are not willing to. My current company also is not changing the date. They are helping with PF transfer.

I am really worried about my future job switch. Will I be able to change my company, or will this always be a problem?

Suggestion for Handling Overlapping Employment Dates

It's my suggestion, though not a foolproof one. It's not a sure shot, but give it a try, and it's also essential on ethical grounds too.

As I mentioned earlier on the 13th, you should immediately arrange a NEFT to credit the account of the former employee for an amount of your proportionate salary for the dates you have not worked, i.e., the 25th and 26th, but you have been paid a salary for these two days. There is a catch in this (don't worry for the present though); also, supposing your notice period concludes only on the 26th, there appears to be a shortfall by 2 days. We'll deal with that later. Keep a record of the remittance as and when it is made.

This mode, I feel, is a better option having already joined the present employer on the 25th of July and drawn a salary from this date (I believe you would have produced the relieving letter to this employer which reads "relieved on 26.7.18"). I hope your present employer shouldn't mind "one day" aberration. If the need arises, you should show them the proof of refunding the salary for the 25th and 26th.

I request views of other members also to help him in this situation.

But my previous company is not agreeing to the refund. I told them that I am ready to pay two days' salary back via NEFT or cheque, but they are saying since the account is already closed, it is not possible now.

Also, my new company is not considering any changes. They are saying that they have no issue with the two days' overlap as per the legal team but cannot change the date.

I am not sure how to proceed forward in my career.

Dear friend, please read my suggestions carefully. That's all I can offer in the circumstances. As you know, we can't pass any award on adjudication. The decision and solutions are yours as we can only suggest, without prejudice, in the circumstances explained, with a view to assist you, taking into account the pros and cons and implications. Since this has nothing to do with any legality or precedents, there is no foolproof modus operandi. A solution could be managed with the two different entities, and as such, no one could be blamed for the inconsistencies, inappropriate omissions, and commissions. It has just happened as it were, and a remedy might be available in these two entities only. But all said and done, I can only surmise that nothing serious would happen in your future career if you set right the wrong, which is receiving salary from two places for the 25th and 26th, and that's what I suggested.

Dear Anamik, 25th & 26th July 2018 were working days. Then how come your previous employer paid you a salary for the days you did not work? That means you joined your current organization on 25th July 2018 and started earning a salary from that day. You also received a salary benefit for 2 days from your previous employer without actually working for them. Now, you are facing a problem with PF transfer due to the overlap of your exit and joining dates, which is causing you concern. This is something you should have considered before accepting the extra 2 days' salary from your previous employer or should have informed them about the overpayment and returned the excess amount, which you have not done.

You can request your current employer in writing to deduct the 2 days' salary and adjust your joining date to 27th July 2018 to allow them to update the PF records accordingly.

Suresh

I already requested them, and HR initiated the correction from 25th July to 27th July. However, the legal team said it should remain unchanged, and there won't be any problem because my current organization doesn't fall under the dual employment policy. Also, my current company is helping me with the PF transfer.

Now, the only concern is if I switch to my new company in the future, they might not select me if I disclose this information upfront, or I might face issues during the background verification process at the next company. I am not finding any solution to this problem.