Incorrect LWD added by employer
5 months ago
My last employer laid me off and last day in office was 8th May 2020, as stated by them via email. I waited for 2 months and joined new company on 7th July 2020. They sent another email on 30th June ( 60 days from actual confirmation) that they are extending LWD to 31st July 2020. I had taken offer from another employer by then. Now it's overlapping and my employer is not willing to correct the LWD and stating they have paid salary in June month byt it was a severance as it was lay off. Was i supposed to wait from may to June to get another confirmation about LWD when I had already received confirmation of actual lwd as 8th May 2020. It's going to cost me my job. What can be done?
A.Dear Client,
When you were laid off by your earlier company for a certain period your relationship with the employer is not severed or seized until and unless they terminate your service for any reason. So, before joining another Company you are required to tender your resignation from the earlier company and eventually that caused the overlapping of service. In the given situation, to resolve the issue of overlapping in the records of both employers, you need to approach the Labour Commissioner concerned for the non-cooperation of your ex-employer which amounts to unfair labour practice and the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of discharge in EPF records. 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 individual can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/).
When you were laid off by your earlier company for a certain period your relationship with the employer is not severed or seized until and unless they terminate your service for any reason. So, before joining another Company you are required to tender your resignation from the earlier company and eventually that caused the overlapping of service. In the given situation, to resolve the issue of overlapping in the records of both employers, you need to approach the Labour Commissioner concerned for the non-cooperation of your ex-employer which amounts to unfair labour practice and the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of discharge in EPF records. 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 individual can file a complaint using the EPF i-Grievance Management System (www. https://epfigms.gov.in/).
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A.Dear Client,
If your last day of work was communicated as May 8, 2020, and you have documentation to support this, it may be considered your effective termination date. If there was no subsequent agreement or notice extending this date, the employer might not have a legal basis for extending the Last Working Day (LWD) to July 31, 2020, especially if you had already secured employment elsewhere. You may file a complaint with the labor department in your state.
If your last day of work was communicated as May 8, 2020, and you have documentation to support this, it may be considered your effective termination date. If there was no subsequent agreement or notice extending this date, the employer might not have a legal basis for extending the Last Working Day (LWD) to July 31, 2020, especially if you had already secured employment elsewhere. You may file a complaint with the labor department in your state.
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