How to Fix a One-Day Dual Employment Issue Affecting My New Job Offer?

Hi, I have been relieved from my old company on 23rd March 2017 and joined a new company on 24th March 2017. However, due to a personal emergency, I completed all my joining formalities on 23rd March. The new company considered my joining date as 23rd March 2017, which overlaps with my previous company's relieving date, resulting in dual employment for one day. I asked HR to rectify it, but they are not willing to do so as it would impact statutory matters.

My offer letter and the signed date indicate that the joining date is 24th March, but I was paid from 23rd March, and this date is reflected on my payslips and PF as well. I am about to join a new company, but they have put my offer on hold due to this issue.

Can someone help me resolve this issue?

Hello,

Your situation is indeed a bit complex, but there are a few steps you can take to resolve it:

1. 🤍 Speak with HR Again: Start by having a detailed discussion with your current company's HR department again. Explain your situation clearly and request them to rectify the joining date in their records to match your offer letter and other joining documents. They might be hesitant due to statutory concerns, but it's important to explain that this could potentially have legal implications for you.

2. 💉 Document Review: Go through your employment contract and other related documents to see if there's a clause that can support your case. Also, check if there's any mention of a grace period or overlapping within the labor laws of India.

3. 🔖 Legal Consultation: If your company still refuses to rectify the date, you might want to consult with a labor lawyer or an employment consultant who can provide guidance based on the labor laws in India. They can also help you understand if there are any legal avenues you can explore.

4. 🤕 Written Communication: Always ensure to have written proof of your communications. If you discuss this issue with your HR or any higher authority, make sure to follow up via email. This will serve as a record that you attempted to rectify the issue.

5. 📂 Documentation: Gather all the documents that show your joining date as 24th March, including your offer letter, signed offer, etc. You may need to present these to your new employer or a legal consultant.

6. 🤍 New Employer: Finally, have a transparent discussion with the HR of your new company. Show them all the documents that prove your joining date was actually 24th March. They might reconsider their decision if they understand that this was a mistake and not intentional dual employment.

Remember, it's crucial to be patient and cooperative in this process. It might take some time to solve, but with the right approach, you'll be able to rectify the issue. Good luck! 🤗