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Anonymous
My current company is doing background Verification, and they found out that my ex-company exit date overlaps with my current company's joining date, I made the mistake of not checking my previous company's exit documents and all the details. In detail, while I was working at my ex-company, I dropped my resignation on the first of the week in September, as my first resignation got rejected, I dropped my second resignation on 2 nd week of September, but at that time, the manager still didn't want to accept my second resignation at the end I leave my ex-company on date of 29 September 2022, stating to my manager that I will not continue in my ex-company at any cost kindly provide me early release as I'm looking for a job in MNC, and manager did agree and all this conversation happened on the call.

But recently, after checking my previous release date, I got to know that my second resignation was accepted after 13 days of absence from my ex-company on 13 October 2022. They accepted my resignation, and I joined my current company on 14 October 2022; my date of exit from my ex-company was showing 12 November 2022, and my previous company's HR and manager both were currently not part of the ex-company, they say I can just talk to new HR and will try to convince him, but New HR clearly stated that "we can't do anything in this, and it's your fault, and that time I was not HR of this organisation so I'm quite unaware about your resignation and exit date, so I can't provide u anything ", I feel hopeless, is there any way to short this thing out?

From India, Mumbai
Madhu.T.K
4193

Do you have relieving letter from the previous employer with actual date of relieving? Then 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 error and the same could be corrected with the help of EPF authorities. Since you should have received salary till the actual working day only, the employer should have paid contribution also accordingly. Moreover, from the date of joining the current company you should have new member id allotted by the new employer.

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

From India, Kannur
ashwin-pandey
Hello Madhu T.k , As my current organisation was saying they need this in email , even it is not my fault. They still want all thing in documented ..
From India, Mumbai
ashwin-pandey
And also , relieving later was showing me employee of my x organisation till 10 nov.
From India, Mumbai
bhupendra-v
I worked for one company just 36 days, during 36 days I received one month salary and next month I left organisation on verbal communication, the day I left I informed senior manager about the situation why I am leaving it's because of different role given to me which was totally different from tech stack. He told me write down on paper handover that resignation application to Security and reception desk, i submitted all id and access card and left and joined another company after few days.
After 4.5 years. I left my current company and searching for job but I came to know that my epfo date is overlapping with second company and third company.
now I am in contact with 2nd company and asking for correction but they are saying it will take time, even I am ready to pay for notice period.Can you tell me if i am ready to pay for notice period will they add interest as well and how much, will it be simple interest or compund. Next thing if they are not ready to provide reliving letter and EPFO CORRECTION WHAT can do sort things for me.?

From India, Mumbai
Madhu.T.K
4193

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

@Bhupendra
Any service overlapping shall be corrected with the intervention of the officials of the EPF Organisation 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, pay slip 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 salary, then they will not help you. That is whay 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 to 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 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 such interest income? Do they have an account head like "interest from employees?" Not at all. Therefore, forget about 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.

From India, Kannur
shuaibims
6

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 labour 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

From India, Mumbai
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