Dual Employment in PF records
2 years ago
I joined Company A but left it without serving a notice period within 3 days of joining since I got a better opportunity at Company B. I joined company B on 10 Dec 2018. Company A had created a PF account for me. In my PF account, my last date at Company A is mentioned as 26 DEC,2018. I am going to leave Company B after completing resignation formalities properly to join Company C. Will Company C be able to find out about my short stint at Company A and will it be a problem(dual employment) for me? If Yes, what is the action that Company C could take? Is this going to haunt my career forever? How should I resolve this?
A.Dear Client, Background verification(BGV) is a process many organizations carry out in order to verify the information provided by the candidate during hiring. Verification of EPFO records through UAN is critical for conducting employee background checks because it allows employers to confirm that their employees are not using false or stolen identities to gain employment. It is commonly observed that many companies safeguard their interest by having a conditional clause in the employment agreement to the effect that the appointment of the candidate may be subject to termination in case of a failed BGV report, which is a good business practice followed by MNCs like TCS, Wipro, Infosys etc. Once you fail in a background verification of an organization then they will definitely list you in their blacklist, so that you cannot get a job in that particular company and their branches. In case of a negative background verification check an employer can even reject the employment of the candidate. So in the prevailing situation, when your EPF record shows an anomaly in the joining and discharging date in both the A & B Company, you should visit the regional office of the PF Commissioner and get the anomalies arising out of dual employment by default in PF records corrected following the procedure as advised by the EPF Authority otherwise you may face the consequences as explained herein above. If required, you may escalate your grievance before PF Appellate Tribunal with the assistance of an Advocate for a resolution in the matter.
Helpful
Helpful
Share
A.Dear Sir,
Better close one PF account.
Better close one PF account.
Helpful
Helpful
Share
Ankur Goel @ Complete Law Shield
Responded 2 years ago
A.Even if you worked for 2 companies, it is matter of A and B only.
C have no stand on it.
C HR will not tell you this in 1st year, they will use it to blackmail you later. But they cant do anything so dont worry.
C have no stand on it.
C HR will not tell you this in 1st year, they will use it to blackmail you later. But they cant do anything so dont worry.
Helpful
Helpful
Share
Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hi,
You can remove the entire EPF balance of your old PF account after two months if your employer has already established a new UAN for your PF account. Disclose all truth related to the situation.
If you find this answer helpful, please rate my answer. Thank You.
You can remove the entire EPF balance of your old PF account after two months if your employer has already established a new UAN for your PF account. Disclose all truth related to the situation.
If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share
A.Hi,
Tell the truth about the circumstances that led to you joining the new organisation right away. With private jobs, dual employment is not a problem. Also, if at all necessary, close the PF Account as quickly as possible.
If you find this answer helpful, please rate my answer. Thank You.
Tell the truth about the circumstances that led to you joining the new organisation right away. With private jobs, dual employment is not a problem. Also, if at all necessary, close the PF Account as quickly as possible.
If you find this answer helpful, please rate my answer. Thank You.
Helpful
Helpful
Share
A.When you are working for private firms it does not matter so much especially when there is an overlap of just few days. Also, you should speak out the truth whenever they ask you the it will not be a problem as it is not a crime. Dual employment is a problem for govt. jobs wherein you want to seek the benefits of the employment or even any job when you want to take the benefit otherwise its fine. The future employer should be absolutely fine.
Yes the (over) smart HR will ask you the question, handle is smartly and get over it.
Yes the (over) smart HR will ask you the question, handle is smartly and get over it.
Helpful
Helpful
Share
Read Related Answers
Seeking Legal Advice Regarding Employment Issue
Dear Client,
Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
Accountant in a production house
Dear Client,
The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
Not paid the April month salary
Dear Client,
In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
Salary deduction for not serving notice period
Dear Client,
It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
Less Full and final settlement
Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
labou...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
