Overlapping Employment Dates: How Can I Fix This Background Check Issue?

My current company is conducting a background verification, and they discovered that my exit date from my previous company overlaps with my joining date at my current company. I made the mistake of not checking my previous company's exit documents and all the details.

Resignation Process at My Previous Company

While I was working at my previous company, I submitted my resignation in the first week of September. My first resignation was rejected, so I submitted a second resignation in the second week of September. However, at that time, the manager still didn't want to accept my second resignation. Eventually, I left my previous company on September 29, 2022, informing my manager that I would not continue at any cost and requested an early release as I was seeking a job in an MNC. The manager agreed, and all this conversation happened over the phone.

Current Situation and Challenges

Recently, after reviewing my previous release date, I found out that my second resignation was accepted after 13 days of absence from my previous company, on October 13, 2022. They accepted my resignation, and I joined my current company on October 14, 2022. However, my exit date from my previous company is recorded as November 12, 2022. The HR and manager from my previous company are no longer with the company. They suggested I talk to the new HR, but the new HR clearly stated, "We can't do anything about this, and it's your fault. At that time, I was not the HR of this organization, so I'm quite unaware of your resignation and exit date, so I can't provide you anything." I feel hopeless. Is there any way to resolve this issue?

Resolving Background Verification Issues

Do you have a relieving letter from your previous employer with the actual date of relieving? If so, why should you worry? You can establish that you were relieved from the previous company before you joined the current establishment, and the error is just a technical mistake that could be corrected with the help of EPF authorities. Since you should have received a salary only until the actual working day, the employer should have paid contributions accordingly. Moreover, from the date of joining the current company, you should have a new member ID allotted by the new employer.

However, the current employer should cooperate with you by holding the reports of the background verification team for the time being.

I worked for one company for just 36 days. During those 36 days, I received one month's salary. The following month, I left the organization through verbal communication. On the day I departed, I informed the senior manager about the reason for my departure—it was due to being assigned a role that was completely different from the tech stack I expected. He advised me to write a handover resignation application, which I then submitted to the security and reception desk along with all necessary IDs and access cards. Subsequently, I left and joined another company after a few days.

After 4.5 years at my current company, I decided to leave and began searching for a new job. However, I discovered an issue with my EPFO date overlapping with my second and third companies. I am currently in contact with the second company, requesting corrections, but they have mentioned that it will take some time. I am willing to pay for the notice period, but I am unsure if they will charge interest, and if so, how much and whether it will be simple or compound interest. Additionally, if they are unwilling to provide a relieving letter and correct the EPFO details, what steps can I take to resolve these matters?

@Ashwin Pandey

You should not have accepted a relieving letter with the wrong date of leaving. Now, it has become your responsibility to prove that you were relieved before you joined the current organization. If it is a typo error, the previous company could easily correct it. Therefore, if the current company is insisting on getting an email confirmation, that should be furnished.

@Bhupendra

Any service overlapping shall be corrected with the intervention of the officials of the EPF Organization if the employer is not cooperating with you. But what is more important is the attitude of the officers of the EPFO. If they are ready to accept the relieving letter, payslip, etc., of the previous employer, they can correct it or send communications to the employer to correct it. But if the officers find that they are government officers and they are hired just to draw a salary, then they will not help you. That is why I said it all depends on the attitude of the officers sitting in the office of EPFO.

You can write to your previous employer to help you solve the situation. You need not offer any notice pay. In your case, you have worked only for a month and six days. You should be under probation also, and normally under probation, the notice period will not be applicable. Then why should you offer salary in lieu of notice? And if they are so adamant that they need it, then there is no chance, but why should there be interest payment? How can the company account for such interest income? Do they have an account head like "interest from employees?" Not at all. Therefore, forget about the payment of interest. I recommend that if the employer is not responding, you should approach the EPFO with proofs and ask them to do the needful.

Hi Bhupendra,

Dealing with EPFO (Employees' Provident Fund Organisation) date overlaps and resolving issues related to notice period payments can be complex, especially when multiple employers and a significant time gap are involved. Here's how you can approach this situation:

Notice period payment

If you're willing to pay for the notice period to rectify your employment records with the second company, the terms would typically be defined by your employment contract with that company. Most companies charge a simple interest on the notice period amount, but this can vary. The rate and type of interest (simple or compound) should be explicitly mentioned in your employment contract or the company's HR policies. If not, you'll need to negotiate or clarify this with the company directly.

EPFO date correction

For the EPFO date overlap issue, the correction process does require the cooperation of your previous employer(s). Since the second company has acknowledged the need for correction but mentioned that it will take time, it's important to maintain regular communication with them and get an estimated timeline for the correction. Keep a record of all communications for future reference.

Relieving letter

If the company is unwilling to provide a relieving letter, try to negotiate amicably, emphasizing the importance of the document for your future employment. If the matter is related to the notice period payment, ensure that this payment is processed correctly and obtain a receipt or acknowledgment from the company.

Legal recourse

If the company remains uncooperative despite your willingness to fulfill any financial obligations, you might need to consider legal options. Consulting with a legal professional specializing in labor law can provide you with advice tailored to your situation, including potential legal recourse to obtain the necessary documents and corrections.

EPFO grievance

For immediate concerns regarding EPF date overlaps, you can file a grievance with EPFO through their Grievance Management System. Provide all relevant details and documents to support your case. The EPFO may be able to assist or advise on how to proceed, especially if you can provide evidence of your employment dates and attempts to rectify the situation with your employers.

Future employers

When searching for a new job, be transparent with potential employers about the situation. Explain the steps you're taking to resolve the EPF date overlap issue. Most employers will understand that such administrative issues can occur, especially if you're actively working to correct them.

Resolving these issues can take time, so it's important to start the process as soon as possible and follow up regularly. Keep all documentation organized and consider seeking professional advice to navigate the complexities of employment law and EPF regulations effectively.

Hope this information may be useful.

Regards