I have joined company A on 26th April 2019 then I have joined a company B on 30th April 2019. I have absconded company B after working for 15days, due to my personal health reason(I was in a condition, where I did not want to continue my career). Meanwhile, I kept on receiving calls from company A to continue the work. So, I have returned to company A again as they have called me multiple times. Since then I am working in company A, it’s been 4 years now.
Company A has now again run BGV and in EPFO they got this discrepancy. In EPFO company B has put entry for 1 month 12 days. This turns out as a “Dual Employment” enquiry, from company A as I was associated with them prior joining company B.
I haven’t received any salary from company B, also have not withdrawn PF amount from them. As part of enquiry I have supported company A in sharing all the docs like Form 16, form26AS, bank statements and also FNF received from company B. But still they are not satisfied. How can this be resolved now? I am ok to put resignation also.
I have queries:
1. Current company A is asking me to ask company B to revert the PF amount. Is this possible?
2. If I resign in middle of enquiry, will that be ok?
3. Will I face difficulty in other company, even if I share all this upfront after accepting offer letter?
From India, Pune
Company A has now again run BGV and in EPFO they got this discrepancy. In EPFO company B has put entry for 1 month 12 days. This turns out as a “Dual Employment” enquiry, from company A as I was associated with them prior joining company B.
I haven’t received any salary from company B, also have not withdrawn PF amount from them. As part of enquiry I have supported company A in sharing all the docs like Form 16, form26AS, bank statements and also FNF received from company B. But still they are not satisfied. How can this be resolved now? I am ok to put resignation also.
I have queries:
1. Current company A is asking me to ask company B to revert the PF amount. Is this possible?
2. If I resign in middle of enquiry, will that be ok?
3. Will I face difficulty in other company, even if I share all this upfront after accepting offer letter?
From India, Pune
It is interesting that Company A with whom you worked only for a few days called you and insisted you to join back from B has gone for background verification (from which company, B?) now. They have found that you have a PF account opened by B. You have clarified that you had worked with B for 15 days after leaving company A, unfortunately the company B had put your service as one month and 12 days but you have not received any salary. Then What is the issue? Why did company A repeatedly call you to join back? Didn't they know that you had joined company B after leaving A and after 15 days you had rejoined them? And all these became an issue after 4 years? Are company A really don't want you? I feel that they have done the background verification knowing that there was an issue with PF. Otherwise, the employer has nothing to do with it. Overlapping dates in PF happens and the employee has to solve it. But they know that company B will not take initiative to re exit the date. What has company A done about the days you were not there in company A? Did they exit you on 29th April 2019 and then again rejoined you in May 15th?
From India, Kannur
4193From India, Kannur
Madhu T K- Thanks for your reply.
I never left company 'A'. It was a bulk hiring, they did not pay attention to the fact that I have not reported to office for couple of days. Then later on when they realised, they called me(i mentioned, i am not well). They considered it as leaves for that period. Company 'A' was not aware that I did this mishap in between. I understand, I made a mistake (had very less experience then).
From India, Pune
I never left company 'A'. It was a bulk hiring, they did not pay attention to the fact that I have not reported to office for couple of days. Then later on when they realised, they called me(i mentioned, i am not well). They considered it as leaves for that period. Company 'A' was not aware that I did this mishap in between. I understand, I made a mistake (had very less experience then).
From India, Pune
Okay. But you have already submitted that you had joined company B but did not collect salary for the days you worked with B, right? Then they should close the verification. I don't know why they are behind it.
The company A has been remitting your PF since your actual/ initial date of joining, right? For a month and 12 days days your B company should have also remitted PF contribution but in the account created by them. Is the UAN one and the same? There is no such rule that an employee should not earn salary and PF from two companies at a time. Though there is a provision in the Factories Act that there should not be double employment, this cannot be seen as double employment by the EPFO and EPFO cannot take it as a misconduct. It is the employer who can take action and if the employer is okay what is wrong, I don't know. Now you can merge the PF accounts. Since the amount of contribution has already been accounted and deposited, company B will not do anything. There is no meaning in correcting the date of exit as company A has not exited you when you left that company in April 2019 nor did they rejoin in May 2019. Since you have admitted whatever had happened the background variation should end and if they are on the issue still now, it should be part of some other conspiracy. Can you just ask them bluntly what do they expect from background verification? That also after 4 years? Do that.
From India, Kannur
The company A has been remitting your PF since your actual/ initial date of joining, right? For a month and 12 days days your B company should have also remitted PF contribution but in the account created by them. Is the UAN one and the same? There is no such rule that an employee should not earn salary and PF from two companies at a time. Though there is a provision in the Factories Act that there should not be double employment, this cannot be seen as double employment by the EPFO and EPFO cannot take it as a misconduct. It is the employer who can take action and if the employer is okay what is wrong, I don't know. Now you can merge the PF accounts. Since the amount of contribution has already been accounted and deposited, company B will not do anything. There is no meaning in correcting the date of exit as company A has not exited you when you left that company in April 2019 nor did they rejoin in May 2019. Since you have admitted whatever had happened the background variation should end and if they are on the issue still now, it should be part of some other conspiracy. Can you just ask them bluntly what do they expect from background verification? That also after 4 years? Do that.
From India, Kannur
So, I have mentioned to Company A that I went only for a day. I did not disclose that I visited 2 weeks. it seems to me that they are trying to dig this exact days. They may have done some calculation with FNF I have shared. So, Do you suggest me that I shall disclose the days or let it be? My concern is if I disclose it now there will be some other repercussions, not sure how they will take it.
From India, Pune
From India, Pune
Naturally, there will be repercussions and the background verification itself conducted now, ie, 4 years after your joining, itself shows that. I think that they would have identified some one who can replace you easily. That is why I have advised you to ask them very boldly what is the issue. You have done a serious misconduct and that will hunt you through out your career unless you find an employer who can forgive you for your serious misconduct. If you feel that the present employer is kind enough to accept your submission, do it now with before the present employer, A, and continue with A Or find another job and disclose everything before joining and build your career then. It is up to you.
From India, Kannur
From India, Kannur
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Enforcement of negative covenants in employment terms.pdf