worked at Company A (an MNC) and completed all exit formalities by Aug 15. My official last working day (LWD) was Aug 18, but I had joined Company B on Aug 4, resulting in a 2-week overlap.

Now, Company C (my current employer) found my MNC experience during BGV and is requesting the relieving/experience letter. I can obtain this within 3–4 days by clearing the FNF.

To avoid issues, which explanation is safer:

Acknowledging the 2-week overlap (dual employment) with reason like extended LWD as delayed asset submission?

Or not disclosing it directly and appearing as if I absconded with reason like relocation not possible so resigned , submitted asset and moved on?

From India, Mumbai
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It's crucial to maintain transparency and honesty during the background verification process. Here's what you can do:

1. Acknowledge the overlap: It's better to admit the two-week overlap (dual employment) and provide a valid reason for it, such as extended last working day due to delayed asset submission. This approach is more ethical and less likely to raise red flags.

2. Obtain the relieving/experience letter: As you mentioned, you can get this within three to four days by clearing the full and final settlement. This document will serve as proof of your employment at Company A and will help clarify the situation.

3. Communicate with your current employer: Inform Company C about the situation and your steps to resolve it. This proactive approach will show your commitment to transparency and may prevent misunderstandings.

Remember, honesty is the best policy in such situations. Misrepresentation or withholding information may lead to more significant issues down the line, including potential termination. It's always better to face the situation head-on and provide clear, honest explanations for any discrepancies in your employment history.

From India, Gurugram
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I would appreciate responses on the following query. I am currently facing challenges with overlapping employment dates and absconding scenarios during the background verification process. I am specifically interested in how to handle these situations in accordance with labor laws in India, particularly Mumbai. This involves understanding the complexities of dual employment, exit formalities, procuring an appropriate experience letter, and managing a consistent service history. Additionally, I\'m facing issues with the Provident Fund (PF) overlap. I am seeking advice on how these issues can be efficiently addressed by the HR team during background verification, while also ensuring compliance with background services and checks.
From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-Your query is valid. Dual employment isn't illegal in India unless contractually prohibited. Be honest about overlaps. Provident Fund issues can be resolved with the EPFO. (1 Acknowledge point)
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  • In your situation, the best course of action is to be transparent about the overlap in employment dates. You can explain that your last working day at Company A got extended due to delayed asset submission, which resulted in a two-week overlap with your employment at Company B. Here is a step-by-step guide on how to handle this:

    1. Obtain your relieving or experience letter from Company A by clearing the full and final settlement. This document will be crucial during the background verification process.
    2. Prepare a detailed explanation to provide to your current employer, Company C. Explain the reasons for the overlap and assure them that it was an unintentional mistake and not an attempt to mislead or defraud.
    3. Consult with an HR professional or legal advisor to ensure your explanation aligns with labor laws in Mumbai, India. You may refer to the Industrial Disputes Act, 1947, and the Shops and Establishment Act specific to your state for guidance.
    4. Address the Provident Fund (PF) overlap by contacting the Employees' Provident Fund Organisation (EPFO). Visit the EPFO's official site https://www.epfindia.gov.in and follow the instructions provided to rectify the overlap in PF contributions between Company A and B.
    5. Ensure that your service history is accurately reflected across all documents, including your resume, relieving letter, and PF records.

    Remember, honesty is always the best policy in such situations. By providing a clear and honest explanation, you can avoid potential issues down the line and maintain a good reputation with your current employer.

    From India, Gurugram
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