Overlapping of My employment
5 months ago
I have a week of overlapping from my first company and my second company which i got to know after I paid the recovery amount and got releiving letter from my first company.I had requested for my last date of working on 24rth dec 2021 as my joining at second company was 27th dec and had done all the exit policies and had returned my laptop on prior to 27th dec 2021 .But my first company has stated my lwd as 31st dec 2021 which is getting overlapped now .I requested for a change but they are mot willing to change and now i have got an offer from another company as my second company got shut down due to business issues.And my new company is asking for clarification on the overlap ..please suggest on this regard if anything can be done so that it doesnt affect my employment.Should i go through lawyer?
A.Dear Client,
Firstly, go through your employment contract with the first company and check for any clauses related to notice periods and last working days. Clearly communicate with your first company through a formal email or letter, explaining the situation and the offer from the new company. Further, request a reconsideration of the last working day to align with the date you initially communicated. Keep the new company informed about the situation. Provide documentation and updates on your efforts to resolve the issue with the first company.
Firstly, go through your employment contract with the first company and check for any clauses related to notice periods and last working days. Clearly communicate with your first company through a formal email or letter, explaining the situation and the offer from the new company. Further, request a reconsideration of the last working day to align with the date you initially communicated. Keep the new company informed about the situation. Provide documentation and updates on your efforts to resolve the issue with the first company.
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A.Dear Client,
When your EPF record shows an anomaly in the joining and exit date in both the 1st & 2nd Company which is contradictory to each other due to the miss-posting of dates in the PF records by your ex-employers, until and unless those anomalies are rectified by the concerned employers, your request for withdrawal and closure of PF account would not be processed by the PF Authority. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer sign and submit to the regional PF commissioner to update the wrong information entered in the employees’ PF accounts. An EPF member should fill out the joint declaration form to correct details like father’s name, joining date, Exit date etc., as these details will be verified against the Aadhaar. The EPF members or employees should physically submit the joint declaration form to the regional PF office with which the company or establishment is registered. The employees should enter the following details on the joint declaration form EPF: Date of form submission, Regional PF commissioner address, Name and company name, Correct particulars, i.e., particulars that need to be corrected or updated in the PF member account, Wrong particulars, i.e., particulars that have been wrongly entered in the PF member account, Signature of the applicant, name of the authorized signatory for the establishment and signature of establishment with its seal. After filling in the above details on the form, the employees should attach self-attested identity proof documents to support the correction claim and submit the form to the regional EPFO office where the establishments are registered. The PF office accepts the following self-attested documents to make the changes in the PF member account details like PAN Card Voters I /Card, Passport, Driving License, and Aadhar Card. If there is any mismatch between the EPFO and EPF member records, then an individual can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). An individual is required to provide documentary evidence of where the mismatch is occurring. Documentary evidence can include salary slips showing EPF contribution, EPF statements shared by employer, etc. An employee cannot update the service history. Only an employer can rectify the error in the employment record of the EPFO. So if an employee finds an error in the database, they should contact their present or previous employers and get it corrected.
When your EPF record shows an anomaly in the joining and exit date in both the 1st & 2nd Company which is contradictory to each other due to the miss-posting of dates in the PF records by your ex-employers, until and unless those anomalies are rectified by the concerned employers, your request for withdrawal and closure of PF account would not be processed by the PF Authority. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer sign and submit to the regional PF commissioner to update the wrong information entered in the employees’ PF accounts. An EPF member should fill out the joint declaration form to correct details like father’s name, joining date, Exit date etc., as these details will be verified against the Aadhaar. The EPF members or employees should physically submit the joint declaration form to the regional PF office with which the company or establishment is registered. The employees should enter the following details on the joint declaration form EPF: Date of form submission, Regional PF commissioner address, Name and company name, Correct particulars, i.e., particulars that need to be corrected or updated in the PF member account, Wrong particulars, i.e., particulars that have been wrongly entered in the PF member account, Signature of the applicant, name of the authorized signatory for the establishment and signature of establishment with its seal. After filling in the above details on the form, the employees should attach self-attested identity proof documents to support the correction claim and submit the form to the regional EPFO office where the establishments are registered. The PF office accepts the following self-attested documents to make the changes in the PF member account details like PAN Card Voters I /Card, Passport, Driving License, and Aadhar Card. If there is any mismatch between the EPFO and EPF member records, then an individual can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). An individual is required to provide documentary evidence of where the mismatch is occurring. Documentary evidence can include salary slips showing EPF contribution, EPF statements shared by employer, etc. An employee cannot update the service history. Only an employer can rectify the error in the employment record of the EPFO. So if an employee finds an error in the database, they should contact their present or previous employers and get it corrected.
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