Date of Exit correction after 4years 10 months Date of Exit correction after 4years 10 months

1 month ago

My payroll company was XXX, and the client company was YYY. I have the offer letter and the relieving letter from XXX company.

The client company only accepted written resignation letters; hence, I provided the written resignation letter to YYY on August 1, 2018. As per company rules, the salary should be on hold, but I received the July month salary on August 3, 2018. 

I became skeptical and sent intimation mail to the XXX company stating that "I have provided the written resignation letter to YYY on August 1, 2018, and my last date of working will be August 31, 2018, including the 30-day notice period. This has been accepted by the Clinet manager name and client HR name and also informed Payroll Company YYY HR name. Please guide me if I need to inform anyone else and guide me through the relieving process." I also attached the resignation letter copy to this mail.

For which I received an irrelevent reply from XXX company that "you will get the relieving letter once the FNF is processed.".

I received the petrol conveyance on August 20, 2018. Once again, I raised a query to the XXX company on the same mail regarding why my conveyance is not on hold, for which I received no reply.

I was relieved on August 31, 2018. and joined another company on sept 3, 2018. 
I received the FNF settlement on April 8, 2019, after 8 months.

I received the resignation letter in mail from the YYY company HR on May 8, 2019. After 9 months of relieving. But the date was mentioned wrongly as September 11, 2018. I immediately mailed back that the date is wrong and I want it corrected with a copy of my resignation letter. for which the HR replied with the mail attachment from my reporting manager that the date of exit is September 11, 2018.

I immediately received a call from the YYY company HR stating that it was updated by my reporting manager, and you can contact him. I called my reporting manager, and he said he could not help as he had moved on to another company. 

This was my first job, and I didn't know what to do and left it untouched.

Now only it is creating problems for me in background verification. I reached out to the company with two proofs:
1. The intimation mail conversation with XXX company during the time of resignation.
2. The mail conversation with the YYY company HR stating the date is wrong in the receiving letter.

The YYY company is not ready to correct it. They have been mailing back and forth for two months without any conclusion. 

Kindly suggest to me how to get this corrected in the UAN portal and re-issue the relieving letter. It's been 4 years and 10 months now. Should I reach out to the labor court or criminal court for misrepresentation of date/data or document forgery?

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
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 XXX & YYY 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. In case of non-cooperation from both previous and current employers which amounted to unfair labour practice, you may bring the matter to the notice of the concerned Labour Commissioner or Asst. Labour Commissioner/LEO for a resolution in the matter.
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