A.
Dear Client,
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. 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. If the complaint is not resolved even on receipt of JDF, you can approach the Employees’ Provident Funds Appellate Tribunal (EPFAT) which was constituted under the provisions of the Section 7 D of the EPF and M P Act 1952, Now, as per the Finance Act 2017, the Employees' Provident Fund Appellate Tribunal has been merged with Central Government Industrial Tribunal w.e.f. 26.05.2017. So, if no relief yields from the office of the PF Commissioner, you may approach the Central Government Industrial Tribunal for appropriate relief. 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 the concerned Labour Commissioner or Asst. Labour Commissioner/LEO/Chief Inspector(Shops and Establishment) for a resolution in the matter.
Posted On 10-Jan-2025
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