Dual employment
5 months ago
Mistakenly, I did dual employment in 2 companies. I was working in company A from June 2021. I was not aware of dual employment and I joined company B in March 2022 along with company A. I was working in 2 companies simultaneously and and left company B in Nov 2022. I am still working in company A and I am afraid of getting them known about my dual employment case and termination of the same. Kindly suggest advice on this. How can I tackle this situation of dual employment which happened mistakenly which will affect my future carrear
A.Dear Client,
When without any information to Company A or following the terms or contract of employment of Company A, you joined another Company B that amounts to a breach of contract and also makes you liable to face disciplinary or legal action from Company A apart from damages for pecuniary/financial loss. Moreover, in the absence of a relieving letter from company A, when you join a new company B you may face worse consequences in the course of background verification(BGV) usually carried out by many organizations in order to verify the information provided by the candidate during hiring. In case of a negative background verification check an employer can even terminate the employment of the candidate already hired by them. 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 a critical process 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. A branded company strictly follows the BGV report and if there is any false information or any negative verification happens then they can terminate the candidate from their job. So, in case any anomaly or irregularity appears in your PF record which is accessible online through UAN, you need to visit the regional office of the PF Commissioner and get the records corrected following the procedure as advised by the EPF Authority otherwise you may face the consequences as explained herein above.
When without any information to Company A or following the terms or contract of employment of Company A, you joined another Company B that amounts to a breach of contract and also makes you liable to face disciplinary or legal action from Company A apart from damages for pecuniary/financial loss. Moreover, in the absence of a relieving letter from company A, when you join a new company B you may face worse consequences in the course of background verification(BGV) usually carried out by many organizations in order to verify the information provided by the candidate during hiring. In case of a negative background verification check an employer can even terminate the employment of the candidate already hired by them. 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 a critical process 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. A branded company strictly follows the BGV report and if there is any false information or any negative verification happens then they can terminate the candidate from their job. So, in case any anomaly or irregularity appears in your PF record which is accessible online through UAN, you need to visit the regional office of the PF Commissioner and get the records corrected following the procedure as advised by the EPF Authority otherwise you may face the consequences as explained herein above.
Helpful
Helpful
Share
A.Dear Client,
We need to check your employment contracts with both companies to understand the terms and conditions regarding employment and termination. Any further legal advice from our end would be based on those contracts.
We need to check your employment contracts with both companies to understand the terms and conditions regarding employment and termination. Any further legal advice from our end would be based on those contracts.
Helpful
Helpful
Share
Read Related Answers
Already Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client,
Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...
Regarding obc NCL reservation
Dear Client,
There is a general reservation of 10% for the children of BSF officers in the BSF itself, but other general reservation quota depends on the institution.
Contractual Employer deducting PF
Dear Client,
the Industrial Disputes Act of 1947 defines layoff, it excludes employees in management or supervisory positions. The Act also states that an employee must be a 'workman' to be eligible...
Pf overlapped and now jobless
Dear Client,
Since your employment with the old company is based on contract for two months, you need to fulfill the said period and resign from the company by following the exit procedure. In case of...
Employment advice
Dear Client,
A manager cannot initiate the resignation process on behalf of the employee without the employee's consent. It is considered as a unethical practical and can have legal implications. You...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
