Executive

Dear Client,
Before joining another Company you are required to tender your resignation and to obtain a relieving letter from the earlier company serving the notice period as per the terms of employment that eventually caused the overlapping of service. The overlapping in service in respect of previous and present establishment and any anomaly or discrepancy in EPF records of any registered member may be a ground for future dispute. When your EPF record shows an anomaly in the joining and exit date in both the previous and present Company which is contradictory, then until and unless those anomalies are rectified by the concerned employers, PF records will show overlapping or dual employment. 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. 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 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. 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 Regopmal PF Commissioner and the concerned Labour Commissioner or Asst. Labour Commissioner/LEO/Chief Inspector(Shops and Establishment) for a resolution in the matter.

Dear client,
Under Indian employment laws, employers are generally required to provide an experience certificate or service letter upon an employee's departure. The lack of such documentation can be considered a breach of this obligation. Although the Payment of Wages Act and the Industrial Disputes Act primarily focus on wage and dispute issues, experience letters are part of the exit process and not directly covered by these laws.
If your previous employer does not cooperate, you can file a complaint with the labor commissioner or seek legal recourse through civil courts for breach of contract. For public sector organizations, a Right to Information (RTI) application might be used to obtain necessary documents. Reviewing your employment contract and company policies may also provide guidance on obtaining the letter. Consulting a legal professional for specific advice may be beneficial given the potential complexity and time involved. Hope our prompt support in this matter would be greatly appreciated.