Hi, I have been relieved from my old company and on 23rd March 2017 and joined new company on 24th March 2017. But due to some personal emergency I have done all my joining formalities on 23rd March and joined a new company on 24th March but they considered my joining date as 23rd March 2017 which is overlapping with my previous companies relieving date which is coming under dual employment for one day and I asked HR to rectify it but they are not ready to do it as that will impact the statutory things.
My offer letter date and offer signed date everything says that the joining date is 24th March but I was paid from 23rd March and the same date is reflected on my payslips and PF as well. I’m about to join a new company but they kept my offer on hold due to this issue.
Can someone help me how to resolve this issue?
From India, Hyderabad
My offer letter date and offer signed date everything says that the joining date is 24th March but I was paid from 23rd March and the same date is reflected on my payslips and PF as well. I’m about to join a new company but they kept my offer on hold due to this issue.
Can someone help me how to resolve this issue?
From India, Hyderabad
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! 🤗
From India, Gurugram
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! 🤗
From India, Gurugram
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