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Overlapping of 39 days as dual employment Overlapping of 39 days as dual employment

3 months ago

I have overlapping of 39 days as dual employment between 2nd organisation and 3rd organisation. But no case is registered till now 3rd organisation is okay if I am working. So, my question is does any government jobs checks employment history of private sector in epfo specially any pcs and upsc?

Anik

Responded 3 months ago

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A.Dear Client,
The Factories Act, 1948, and the Industrial Employment (Standing Order) Rules, 1946, explicitly prohibit adult workers from engaging in dual employment. Additional regulations regarding dual employment are outlined in state-specific labor laws. While not inherently illegal, it's crucial that both employment contracts do not include clauses such as "cannot take up work full time in some other company." The potential issue arises during the filing of Tax Deducted at Source (TDS), where both employers may discover the dual employment, possibly resulting in the loss of both jobs. To avoid complications, resigning from the current job before joining another company is essential to prevent overlapping or dual employment. Background verification checks, a common practice during hiring, include verifying EPFO records through the Universal Account Number (UAN) to confirm the authenticity of the employee's information. If a negative background check occurs, employers reserve the right to reject the candidate's employment. To address the issue of overlapping PF records, contacting the Regional PF Commissioner is necessary for resolving any anomalies in appointment and discharge dates. The use of a joint declaration form, signed by both the employee and employer, is essential to correct details in the PF accounts. Individuals can file complaints through the EPF i-Grievance Management System (https://epfigms.gov.in/). In summary, resigning from the current job before joining a new one eliminates concerns about dual employment or overlapping employment in the context of government employment.
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Vidhi Samaadhaan Vidhi Samaadhaan

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 must tender your resignation from the earlier company failing which eventually caused the overlapping of service or dual employment. Further, Background verification(BGV) check is a process many organizations carry out 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/). So, in case you resigned from your present job before taking up a government job, the question of dual employment or overlapping employment does not arise.
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