Confused by Relieving Letter Dates? Seeking Advice on Avoiding Dual Employment Issues

I am Dharmesh. Previously, I was working with XXX Insurance. I resigned on 12.08.2020, stating that my last working day would be 22.08.2020. I also expressed my readiness to pay the notice period amount as per policy since I had to join another organization on 24.08.2020. On 22.08.2020, I provided a handover to the authorized persons and joined the new company in accordance with the resignation acceptance. However, on 30.10.2020, I received my relieving letter stating that my last working day was 09.10.2020. This discrepancy has led to a situation where my employment in the current organization may be considered as dual employment. I seek your advice on how to proceed.

Kindly suggest what steps I should take next.

When the poster was authorized to hand over charges to another person and permitted to be relieved on 22-08-2020, his services with the establishment ceased on the same day. Perhaps his salary for the month of August 2020 would have been paid up to and inclusive of 22-08-2020 only. Therefore, the previous establishment cannot mention the actual date of relief as 09-10-2020. It would be better to let the poster ask them to issue a revised relieving order with the actual date of relief.

Understanding Company Notice Period Policies

One of the possibilities is that the company has intentionally done this, as organizations often have a 2-month or 3-month notice period policy.

The concern is if the company hasn't paid you any money until 09.10.2020 or, say, until 08.10.2020, then they cannot put that date as your last day. Rather, they would only consider that date as the last date up to which they have paid you the salary. Also, have they deducted PF? If they have deducted PF, then your current company cannot deduct it at the same time.

Options to Resolve the Issue

You have 2 options:

1. Speak to your first company to understand the process, whether they have done it by mistake or as per payroll record. If they have paid you the salary until the date you specified, then ask them for the option of taking back that salary amount and giving the relieving date as per your specification. If they are not ready to do that (if you didn't expect this salary and if it was credited, you should have informed them that you already resigned on 22 August).

2. Ask your current company to revoke your offer letter and issue another offer letter from 10.10.2020. You should be able to discuss with your current HR or finance team whether the salary paid during this period can be converted to any other means.