Prior to joining XYZ company
1 month ago
Prior to joining XYZ company, I was working at ABC company . When first approached by XYZ company HR team on 28th June 2022 with a job offer, I requested for offer letter to serve 15-days notice period at ABC company. However, I did not receive the letter until July 12th, 2022 Despite my clearly communicating about notice period requirements all along, your HR representatives insisted I join XYZ company by 14th July 2022 without waiting for my resignation notice to complete.
When I explained about still being in job and not having submitted resignation, XYZ company HR asked me to join XYZ Company without mentioning my concurrent employment, assuring no issues. Trusting their guidance, I negotiated 7-days notice and joined XYZ Company as advised on 14th July while serving notice period at other employer until 19th July.
Now when I left XYZ Company for better opportunity, my new employer flagged overlapping employment history as problematic. Despite multiple appeals to XYZ company HR team on correcting my actual XYZ Company start date to July 19th in records, I have received no resolution causing severe career concerns.
I have snapshots of my conversation with XYZ HR team regarding this issue for reference.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The overlapping in service in respect of previous and present establishment and any anomaly or discrepancy in EPF records in respect of a fund of any registered member is a ground for future dispute. When your EPF record shows an anomaly in the joining and exit date in both the XYZ & ABC Company which is contradictory, then until and unless those anomalies are rectified by the concerned employers, PF records will show dual employment. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer sign and submit to the regional PF commissioner to update the wrong information entered in the employees’ PF accounts. An EPF member should fill out the joint declaration form to correct details like father’s name, joining date, Exit date, etc., as these details will be verified against the Aadhaar. The EPF members or employees should physically submit the joint declaration form to the regional PF office with which the company or establishment is registered. An employee cannot update the service history. Only an employer can rectify the error in the employment record of the EPFO. So if an employee finds an error in the database, he should contact their present or previous employers and get it corrected. 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/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 the Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of the date of appointment and date of discharge in EPF records. 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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