Dual employment Dual employment

3 months ago

Getting rejected from many companies after selected due to dual employment in my previous history. Shall I get any job opportunity because my most recent company B showing 2 months after joined in Company A in pf history which caused many company asked the same question and rejected the offer, please suggest what to do?

Legal Counsel Vidhikarya

Responded 3 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need to approach the office of Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of discharge in EPF records.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/).
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