A.
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 concerning previous and present establishments and any anomaly or discrepancy in EPF records of any registered member may be grounds for future disputes. 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 dual employment/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the office of the Regional P F Commissioner who is the competent authority to resolve any anomaly/discrepancy arising out of date of appointment and date of exit of an employee in EPF records. For lack of cooperation from the employers who are duty-bound to correct the records of member employees in EPF records, an individual can file a complaint using the EPF i-Grievance Management System (https://epfigms.gov.in/) or file a complaint offline in the office of the Regional PF Commissioner concerned. 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 is yielded from the office of the PF Commissioner, you may approach the Central Government Industrial Tribunal for appropriate relief. However, recently, EPFO has taken a resolution to waive the consent of an ex-employer for transferring a member's EPF Account to a new employer, which is yet to be notified.
Posted On 03-Mar-2025
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