Employment Overlapping Employment Overlapping

2 months ago

I left a company A without informing after working for 25 days in May, 2018.
One next day I joined Company B. Now I'm about to leave B and join C.
But in the BGV of company C they found that Exit Date(June 2018) mentioned by Company A in UAN portal is after Joining Date of Company B.
There is around 38 Days overlapping. So Company C asked my to get this changed and provide FnF of Company A.
Company A has refused to support me. Now Company C is not letting me join as BGV is not clear and I'll have to leave B.
Due to this issue I won't be able to join any other MNC in future. How can I get this sorted by Company A. I have tried everything but they are not ready to change. Technically there was no employment overlapping.

Anik

Responded 1 month 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. State-specific labor laws also govern rules related to dual employment. While there is no overarching law prohibiting individuals from holding multiple jobs, it is crucial to review employment contracts for any clauses restricting such engagement. Before joining another company, it's essential to resign from the previous employer to avoid overlapping services.

Background verification checks, such as those examining EPFO records through UAN, are standard procedures in hiring. Employers use these checks to confirm the accuracy of candidates' information and identify any false identities. A negative background verification result can lead to rejection or termination of employment.

To address the issue of overlapping PF records with multiple employers, contact the Regional PF Commissioner, the competent authority for resolving anomalies in EPF records. A joint declaration form, signed by both the employee and employer, is used to correct PF member details. Filing a complaint through the EPF i-Grievance Management System (https://epfigms.gov.in/) is another option. Once the EPF records are rectified with cooperation from previous and current employers, your employment history will be clear, allowing you to pursue opportunities with other companies without stigma.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month 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. 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.
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Vidhi Samaadhaan Vidhi Samaadhaan

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