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Salary not paying
3 months ago
Hi my new employer(joined in November)is not paying me the salary of December month, he is stating that I have done dual employment in the past,
I have worked with a company without pf for 3 months, he is threatening that he will inform my past employer about dual employment,
Can I get my December salary. If he tells my past employer about dual employment what can they do, My pf account is clear, what can a without pf company do.
A.Dear Client,
In this situation, it's important to address the issue calmly and professionally. Firstly, verify your employment contract and company policies to understand the terms of your salary payment and any clauses related to dual employment. If you believe you are entitled to your December salary and there is no breach of contract, communicate your concerns to your current employer in writing, clearly explaining your position and seeking resolution. Regarding the threat of informing your past employer about dual employment, if your previous employment was without PF and your PF account is clear, the impact might be limited. However, it's advisable to consult with a legal professional to understand your rights, potential consequences, and explore the best course of action to protect your interests.
Thankyou
In this situation, it's important to address the issue calmly and professionally. Firstly, verify your employment contract and company policies to understand the terms of your salary payment and any clauses related to dual employment. If you believe you are entitled to your December salary and there is no breach of contract, communicate your concerns to your current employer in writing, clearly explaining your position and seeking resolution. Regarding the threat of informing your past employer about dual employment, if your previous employment was without PF and your PF account is clear, the impact might be limited. However, it's advisable to consult with a legal professional to understand your rights, potential consequences, and explore the best course of action to protect your interests.
Thankyou
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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. 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” 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 a 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 or terminate 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. For recovery of salary from the employer, you can file an application under Sec.33C(2) of the I D Act before the concerned Labour Court provided you are a workman as defined under Sec.2(s) of the Act. Otherwise, you have to file a civil suit for recovery of salary from your employer.
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” 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 a 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 or terminate 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. For recovery of salary from the employer, you can file an application under Sec.33C(2) of the I D Act before the concerned Labour Court provided you are a workman as defined under Sec.2(s) of the Act. Otherwise, you have to file a civil suit for recovery of salary from your employer.
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