Regarding the Dual employment
7 months ago
I was working with Conneqt Business Solution in Kolkata, I started as apart timer but eventually after several months due to clients requirement I was shifted to a full timer but it was not updated in their data base and for the next several months I worked as a full-timer but not getting the promised salary hence I decided to leave however due to some medical emergency I given OnSpot and did not serve the notice period after some time I joined BT on 21st of August and 26th my previous company rather than abscond me put me in bench for 1 month now what happened I was still active in their data base and what mistake I did is mentioned my experience with conneqt to my current employer BT, they did the background check and asked for the releasing letter I asked the same with my previous company Conneqt manager they told as you were in bench hence you will get the letter after 45 days now the issue is that if they provide me the releasing letter it will be mentioned 26th my last working date and my joining date on this company is 21st which my current company TL told that it will fall under dual employment and my EIN or employee ID will terminate what should I do now please help me?
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. 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. The Factories Act, 1948, and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. For correction of an overlapping period of 86 days, you need to visit the regional office of the PF Commissioner and get the anomalies 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.
If you have lost your job due to dual employment, the best course of action would be to review your employment contract and see if it prohibits dual employment. If it does, you may not have many options to fight against your dismissal.
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