Dual employment Dual employment

3 years ago

Hi,
My LWD with previous employer and DOJ of new employer was same. Recently I was declined job by another employer mentioning that I hv dual employment issues. I contacted HR of previous and current employer to change relieving or joining date at either end but both of them declined mentioning that dates have been submitted in PF records and can not be changed.
I want to know if there is a way to get the dates changed in PF records.
And can we take a legal action against current employer for hiring me on same day as LWD of previous employer.
Both the employers are in Gurugram, Haryana.

Anish Palkar

Responded 3 years ago

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A.No. You cannot get the dates changed in PF records.
And pertaining to legal action against current employer cannot be taken as you have applied for the job and not the company.

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Anik

Responded 3 years ago

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A.Hi,
Post accepting your resignation, there will be a confirmation on your last working day. On your last working day(evening) you will be receiving Resignation acceptance letter . This is the first document which specifies your LWD on a valid document. However within 2–3 days from LWD you will receive relieving letter/experience letter/service letter.
Relieving letter/experience letter/service letter - These documents substantiates your start date and last date in the organization (includes CTC sometimes).

A relieving letter is a formal letter that is issued to an employee at the time of leaving an organization. It is a formal way of communicating to the employee that the resignation has been accepted. A relieving letter is required at the time of joining a new company.


try raising issue on the EPF related grievance website. Tall to the HR, the person who updates the EPFO and UAN of the website.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.hi,
Never join any company which accepts without Relieving Letter. Background checks are very strict in most of the companies and if something like this comes up, then your career may get screwed for sure. Their may be some legal actions against you as well if you are absconding.

However, if this has happened, you should approach the HR. find out who is privileged to update EPFO and UAN website details. you should talk to them personally. try to raise issue on EPF related grievance website.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.wow, you want to take a legal action against current employer for hiring on same day as LWD of previous employer.
do it immediately and then you will start dancing.
so how you managed to work same day in both companies ?
it was your fault and fraud (crime) to join in same day and took salary from both companies.
The dates can not be changed because they are official records.


Advocate Ankur Goel
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