Dual employment Dual employment

4 months ago

I have dual employment for two months in 2022. I have tried employment in new company in 2023 where BCG was negative due to dual employment and company revoked my offer letter and they blacklisted me.Now how I can get an employment in MNC please guide.?

Abhimanyu Shandilya

Responded 4 months ago

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A.Dear client,
This is a big issue for many MNCs and due to this lot of professionals are suffering. The ways out of this situation are:
1. You ask your previous employer to delete the last data by sending a correction letter to EPF. This might be very difficult and almost impossible.
2. You declare this before joining the new company so that when they roll out the offer they know about it. Don't wait for them to figure it out later during BGV.
3. Dual employment is not illegal and barred by any law of the land but just as per the employment contract the employer doesn’t want this. So, there are some companies which don’t mind employing people with dual employment history.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 4 months ago

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A.Dear Client,
The Factories Act, 1948 and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. Further, rules related to dual employment have been captured under State-specific labour laws. It is not illegal however both companies should not have the clause “cannot take up work full time in some other company” Then the issue will arise when TDS is being filed by both employers will come to know and consequently you may lose both jobs. So, before joining another Company you are required to tender your resignation from the earlier company that eventually caused the overlapping of service. Further, Background verification(BGV) check 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. In case of a negative background verification check an employer can even reject the employment of the candidate. In the given situation, to resolve the issue of overlapping in the P F records of both employers, you need to approach 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 jointly 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/). Once you succeed in wiping out the stigma of dual employment from your EPF records with the cooperation of your previous and present employer, your scope of employment with other companies will be restored with clean employment records.
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