Dual Employment past 1year 6 month
4 months ago
I started working at Company A on February 2, 2021. After four months, I received another opportunity with Company B and joined them on June 20, while still working for Company A. I continued to work for both companies simultaneously. January 1, 2024, was my last working day at Company A. I received an experience letter from Company A and also a relieving letter.
March 1, 2024, is my last working day at Company B. I was employed by both Company A and Company B at the same time. Now, I have received a new opportunity(I'm hiding Company A experience while joining time New company). I am concerned about what will happen if they conduct a background check. At the time of joining Company A and Company B, I was not aware of the consequences. Please help me resolve this issue.
It is called professional negligence even a common person knows the consequence of dual employment. Atleast you may either rectify the same or hide one of the employment for ever otherwise you will be in trouble. Not to disclose to any of your friends as they misuse the same.
Navigating a situation where you worked for two companies simultaneously can be challenging during background checks. It's crucial to be transparent and honest with your new employer about the overlapping employment period. Explain the circumstances, such as the concurrent roles at Company A and Company B, and provide the experience and relieving letters from both companies. Emphasize the skills and experience gained during this period that make you a valuable asset. Honesty is key in such situations to build trust with your new employer. If possible, consult with an HR professional or legal advisor for guidance on how to present this information effectively.
Thankyou
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. There is no overarching law that prohibits a person from doing multiple jobs. 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 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. 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.