Navigating Dual Employment: Can Company Y Still Create My Member ID Without Issues?

Hi all,

I joined Company X on January 31, 2023, and my relieving date is June 31, 2023 (DOE is not yet updated in EPFO). I was on the bench at Company X, and before my relieving, I joined another Company Y on May 22, 2023, and I was relieved on September 22, 2023.

Concern Regarding Dual Employment

Now, my concern is regarding dual employment. Company Y hasn't yet created a member ID for me. I have now joined Company Z on October 4, 2023, and they are going to create a member ID for me.

If Company Y creates a member ID, then I may face an issue with dual employment.

Questions About Member ID Creation

May I have your suggestions on whether it is possible for Company Y to create a member ID for me now? Within how many days of an employee's joining can a company create a member ID? If Company Y can create a member ID, can I ask them to update my DOJ to be some date in July 2023 and transfer my PF arrears for the months of May and June?

May I have your suggestions, please!

Creating a Member ID for UAN

An employer is expected to create a member ID on the UAN already established on the same day as the employee's joining. That is why the employer asks for your UAN upon joining. It is not the responsibility of the new employer, Z, to create the member ID. Any overlapping service should be addressed by the employee personally.

Joining Dates and PF Contributions

If you have worked at Company X until June 30th (there is no date called 31st June in my calendar!), you cannot join Company Y on May 22, 2023. If Company X has paid you until June 30th, they should have contributed to your PF until that date, making changing the date impossible. If Company Y has paid you from May 22, 2023, and contributed to your PF from that date, the joining date cannot be altered.

Member ID Creation by Company Y

You mentioned that "Company Y hasn't yet created a member ID for me." If this indicates that Company Y has not registered you under EPF, you can request to change your joining date to July 1, 2023, if you have stated this date in your CV and application to Company Z. Company Y must be willing to accept that date. If Company Y has not registered you, they should not have made PF contributions. If they now create a member ID before July 1, they will be liable for interest and damages under relevant sections of the EPF and MP Act. Failure to remit PF deductions is a serious offense under the Indian Penal Code.

Handling Overlapping Service

If you forget the PF of Company Y, there will be no overlapping service. Company Z can use the same UAN generated by the first company to create a member ID and begin contributions. You can inform the HR of Company Z that you did not have PF in Company Y. In Form 11, mention the UAN and member ID provided by Company X only.

Hope the above information is helpful.

Hi Madhu,

Thank you so much for the reply and advice! Yes, I mistakenly mentioned my last working date with Company X as June 31, 2023. It is actually June 30, 2023. I asked HR of Company Y to change my joining date on the relieving letter, but they said it will be May 22, 2023, only.

They have deducted an amount from my salary every month towards PF but have not created a member ID for me yet. If they now create a PF for me, paying the amount from May 22, 2023, then I will be in trouble. So, I had asked them to put PF from July onwards, and I am still waiting for their reply. As per your advice, I won't insist on it again and will see what they come up with.

I also saw a video where it was mentioned that it is not possible to create a member ID post 60 days. I am not sure if it is relevant to my case. I am attaching the screenshot for your kind reference.

I have not shown my experience with Company Y to Company Z, and I am not going to show it in the future either. I just hope they don't create a PF account for me at all.

I appreciate your support.

I don't think that with respect to any former employee, the company will create a PF account and incur penal interest and damages. Therefore, proceed with the assumption that you did not work with Company Y.

It is interesting that a company is very adamant about not changing the date of joining, while the compliance aspect is very weak.

Hello Sir,

Company Y's PF System Update

Company Y said:
1. The PF system doesn't allow creating overlapping dates now, so they asked me to get Company X's LWD to be before May 22, 2023, if I want the PF money, and then they will put the PF amount for me, paying interest. They also said they will not create PF from July 1, 2023.
2. Otherwise, I need to forego the PF.

So, I decided to forego the PF.

Concerns About Form 16

Now, in my PF service history, Company Y will not be listed. My concern is regarding Form 16. This Company Y will be listed in Form 16 for this financial year.

I have the following question: Will Company Y appearing on my Form 16 for this financial year be a problem during any of my future BGV in the new companies I am going to join? If it may be a problem, how can I ask Company Y not to include my details in Form 16? Thanks in advance!

Background Verification and PF Coverage

The coverage or non-coverage under PF is not the responsibility of any background verification agency. If they inquire about company Y, you can mention that they did not create a PF account for you, and that is not your concern. Can the background verification agency take action against company Y? No. Incorrectly inputting exit dates and overlapping services are common human errors, and for that, an employee cannot be penalized.

Hello Sir,

I am planning to hide my employment experience with Company Y completely. Since a PF account wasn't created for Company Y, it will not appear in my EPFO portal. However, Company Y will be listed on my Form 16 for this financial year.

Concerns about dual employment

Will my future employers be able to identify dual employment from Form 16? If Company Y appears on my Form 16 for this financial year, could it pose a problem during any future Background Verification (BGV) processes at new companies I am joining? If this could be an issue, how can I request Company Y to exclude my details from Form 16?