Double entry in EPFO, Dual Employment, Moonlighting, - Cause and Resolution


April 3, 2024
Listen to this article

Table of Contents

Introduction

Dual employment or moonlighting as informally called so, is often referred to as holding multiple jobs simultaneously, which has become increasingly common in today's dynamic job market. While some individuals pursue dual employment to supplement their income or explore diverse career opportunities, others may engage in it inadvertently or out of necessity. However, the practice of dual employment raises complex legal, ethical, and practical questions for both employees and employers. This article explores the concept of dual employment, its implications, and the legal framework surrounding it.

 

1. What is Dual Employment?

Dual employment, also known as multiple job holding, occurs when an individual holds two or more jobs concurrently. These jobs may be with different employers or within the same organization but in distinct roles or departments. Dual employment can take various forms, including part-time positions, freelance work, consulting gigs, or entrepreneurial ventures alongside full-time employment. As long as it is withing the same organization but in different departments it should not be an issue but when the employments are in different organizations (both being separate legal entities) then it becomes a matter of concern both legally and ethically.

 

2. Understanding Moonlighting

Moonlighting is a colloquial term often used interchangeably with dual employment. It refers to the practice of working a second job, typically during evenings or weekends, in addition to one's primary employment. Moonlighting may involve unrelated work or leverage the individual's skills and expertise in a different capacity.

 

3. Factors Contributing to Increased Cases of Dual Employment

In recent years, several factors have contributed to the rise in cases of dual employment. The COVID-19 pandemic, in particular, has reshaped the labour market dynamics, leading to widespread job losses, remote work arrangements, and a surge in freelance and gig economy opportunities. Financial pressures, career aspirations, and the desire for flexibility have driven many individuals to seek additional sources of income through dual employment. The “Work from Home” or WFH as they say has contributed significantly to this menace of dual employment. Since in WFH there it was easy to quit present company and join the new company, so employees resorted to sending resignation emails to the current employers and even before serving the whole notice period or before the last day of working or exit date, the employees were joining the next company. Some of them did inadvertently without knowing the consequences but few did this deliberately with an expectation that nothing would transpire later on which can create any problem for them.

 

4. How dual employment is being detected

While the employees were having jolly good time in hop jumping the companies they had the feeling and knowledge that no one would come to know about it and they would escape the wrath, if any.

But alas! Here came in the EPFO- The Employee Provident Fund Organization. EPF being a statutory liability the employer is supposed open an account (for new joineees and freshers) and for lateral entries to continue to credit the PF into he EPF account. For that matter even if an employee has worked for a day the employer is supposed to credit and or update the EPF.  As per the norm the employer is supposed to update the joining date and exit date of an employee on the EPF portal, and this brought the cat out of the bag.

During the Background Verification (BGV) of new employment the EPF portal is being verified and therefrom the records are speaking whether there is dual employment or not for any previous period.

 

5. Legality and Ethical Considerations of Dual Employment

While dual employment is not inherently illegal, it can raise legal and ethical concerns, especially when contractual obligations are breached, or conflicts of interest arise. Many employment contracts contain clauses prohibiting employees from engaging in secondary employment without the employer's consent. This is because dual employment may compromise an individual's ability to fulfil their duties effectively, result in conflicts of interest, or disclose confidential information. Employers generally discourage dual employment due to concerns about productivity, loyalty, and potential conflicts. From an ethical standpoint, dual employment may be perceived as unfair to both employers, as it divides an employee's time and attention, potentially jeopardizing the quality of work and professional relationships. Legal provisions, such as the Contract Labour (Regulation and Abolition) Act, 1970, and the Industrial Employment (Standing Orders) Act, 1946, may explicitly or implicitly prohibit dual employment by imposing restrictions on working conditions, termination procedures, and contractual obligations. Government jobs, in particular, often have strict regulations prohibiting dual employment to maintain the integrity and impartiality of public service. Section 60 of the Factories Act, 1948 explicitly restricts individuals from working in two factories simultaneously, ensuring the safety and efficiency of industrial operations. While some government employers may allow deputation or temporary assignments to other organizations, stringent regulations often govern such arrangements. Government jobs, in particular, often have strict regulations prohibiting dual employment to maintain the integrity and impartiality of public service. Employees in government positions are typically barred from holding concurrent employment in the private sector to avoid conflicts of interest and ensure undivided loyalty to their primary role.

 

6. Impact of Dual Employment

Dual employment can have significant implications for both employees and employers, especially when it violates relevant regulations and contractual obligations. From an employee's perspective, engaging in dual employment may impact their eligibility for benefits, such as provident fund contributions and insurance coverage. Employers may view dual employment unfavourably, fearing reduced productivity, compromised confidentiality, or conflicts of interest. As a result, individuals with a history of dual employment may face challenges in securing new job opportunities or advancing their careers due to concerns about their commitment and reliability. Understanding the consequences of non-compliance is crucial, as any breach of these regulations can lead to adverse actions, including termination, legal action, financial penalties, reputation damage, non-compliance risks, and conflicts of interest.

 

7. Case Laws

Several landmark cases have shaped the legal landscape surrounding dual employment, providing insights into the interpretation and application of relevant laws and regulations. For instance, in "Food Corporation of India v. Kamdhenu Cattle Feed Industries" (2003), the Supreme Court of India deliberated on the legality of an employee engaging in dual employment without the consent of the primary employer. The court's ruling underscored the importance of upholding contractual obligations and employer policies regarding secondary employment. Similarly, the case of "Sukhdev Singh vs. Bhagat Ram Sardar Singh Raghuvanshi & Anr" (1975) addressed the rights of employees in the context of dual employment, particularly concerning termination procedures and the duty of loyalty to the primary employer. This case emphasized the need for fairness and procedural safeguards in employment matters, highlighting the complexities inherent in dual employment arrangements.

 

8. Remedies or Resolution- How to resolve the issue of dual employment?

Well, dual employment as such is not a criminal act but is certainly illegal as far as employment agreements are concerned as it is an example of direct breach of the contract. The status of dual employment could be there because of a puerile ignorance or conscious action on the part or the employees. Be whatever may be the reason in my view the youngsters should not be made to suffer through out their career due to this reason. In my honest view this issue of dual employment or double entry in EPF can be resolved in the following manner:

A) Since this is a breach of a contract between the employer and employee hence the employer can let go by putting some penalty on to the employee and rectify/modify the entries with EPFO.

B)  The employer can issue a conditional/qualified experience certificate mentioning the same so that the future employer is aware about the same and can take a call before rolling out the offer. This would bring down the heartburn as employees are asked to leave after joining since the BGV is done post joining.

C)  The employer can seek penalty or compensation for not serving the notice period.

D) In case the earlier employer is not ready to modify the EPF entries then the employee can have and issue the following to the future employer.

a.    A declaration in the form of an affidavit that what was done was done out of misunderstanding and was a blunder on his part; and

b.   An indemnity bond stating that it won’t be repeated and if the employer is going to suffer any losses due to this then the employee shall indemnify accordingly.

 

Conclusion

Dual employment presents both opportunities and challenges for individuals navigating the modern workforce. While it offers flexibility and supplemental income, it also raises legal, ethical, and practical considerations for employees and employers alike. By understanding the legal framework, contractual obligations, and potential implications of dual employment, individuals can make informed decisions and mitigate risks in their professional endeavours. Employers, meanwhile, must establish clear policies and procedures and awareness to address dual employment issues effectively and maintain a productive and ethical work environment.

Written By:
Abhimanyu  Shandilya

Recommended Free Legal Advices
question markMaintenance & property tax goes to 2 different registered society! Kindly guide 3 Response(s)
Hey, Property Laws differ from state to state. If there is an ambiguity from the side of side of the society and their responsibility is not being discharged by them as required by law and by laws of society then you might not have to pay any interest. You should wait for the society to take any legal action for the payment of maintenance. As property is transferred from your mother to you and her dues weren't clear unless society is able to prove that delay in payment was intentional from your side till then they cannot file a recovery suit. It is recommended that you consult a lawyer with all your paper works then take his or her advice. If you find my answer useful, please rate my answer. Thank you
question markEpfo entry for dual company 2 Response(s)
Dear Client, When your EPF record shows an anomaly in the joining date in both the A & B Company, then until and unless the concerned employers rectify that anomaly, PF records will show dual employment. A joint declaration form(JDF) 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(JDF) with correct details like father’s name, joining date, Exit date, etc., as these details will be verified with the Aadhaar. The EPF member or employee should submit the joint declaration form countersigned by the concerned employer who entered the wrong data by mistake to the regional PF office with which the company or establishment is registered. Only an employer can rectify the error in the employment record of the EPFO. So if an employee finds an error in the database of EPF Account, he/she should contact present or previous employers and get it corrected. In the given situation, to resolve the issue of dual employment 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 rectify any anomaly in EPF records of a member on receipt of JDF. In case of non-cooperation from the employer, a member of the EPF Account can file a complaint against them using the EPF i-Grievance Management System (www. https://epfigms.gov.in/). Once you succeed in wiping out the stigma of dual employment or overlapping of service from your EPF records with the cooperation of your employers, your EPF records showing the correct date of employment shall be restored.
question markoverlap issue in EPFO 2 Response(s)
Dear Sir, PF PROVIDENT FUND How to solve the two UAN problem? Note that each person should have only one UAN number (like PAN), hence if you have multiple UAN, it’s not allowed and creates problem in the EPF system, because is no proper track. Hence, as soon as you come to know that there are multiple UAN assigned to you, you should cancel one of the UAN (mostly the old UAN) or should try to deactivate one of them Process to deactivate old UAN Step #1 – The first step if that you should start the EPF transfer for all the EPF’s which are not under the latest UAN generated. This can be done using the OTCP portal of EPFO . I am not going in details here, but first you need to make sure all the old EPF’s are transferred and linked to the new UAN. Step #2 – In the next step, the EPFO system will automatically identify those UAN for which the EPF transfers have happened and completed. Once they find the idle UAN, they will automatically deactivate that UAN. You don’t have to do anything here. This deactivation process will take place from time to time as per decision taken by EPFO. Once the deactivation happens, your old member id (your old EPF accounts) will be linked to new UAN. If you are already sure that your past UAN does not have the EPF linked to them, then you can mail your old UAN number along with recent UAN to your employer and to [email protected] . They will verify your UAN’s status and deactivate the old UAN. How To Merge Two Uan EPF Accounts What is UAN? Universal Account Number (UAN) is a unique 12-digit number that is given to each member of the Employees’ Provident Fund Organisation (EPFO). With the help of the UAN, PF members can easily manage their accounts. The Ministry of Employment and Labour under the guidance of the Government of India issues UAN to PF members. Irrespective of the organisation they work in, all Provided Fund (PF) information can be accessed in one place by PF members with the help of UAN. In earlier days, whenever an individual would join a new organization, he would be given a new PF account number. This made it difficult to keep a check on the updated PF balance. It was also difficult to track activities related to pay change and employees would find it challenging to check PF contribution against the updated pay. To tackle such issues, the UAN was introduced. UAN is a universal number that helps members to gather all the PF accounts linked to multiple IDs of various organizations in one place. By using UAN, the employee can withdraw and also transfer funds in the PF account. More Information on UAN • The UAN is a unique number provided to all employees enrolled for PF benefit. This number is independent of employers and hence does not change even if an employee changes job. • The employer can validate an employee by using his UAN in case KYC documents have been verified. • Since the UAN facility is available online for all employees, no employer can deduct or hold off an employee’s PF. • An employee can validate the PF deposit made by the employer every month. He/she has to register as an EPF Member on the Portal by using the UAN provided. • EPF passbook access is available through SMS. One can send EPFOHO UAN ENG to 7738299899 from the mobile number that has been registered with the EPFO. How to register the UAN? Here are a few easy steps to be followed for registering the UAN: • Go to the EPF Member Portal. • Click on “Activate UAN” • Enter all the information around UAN, such as member id, mobile number, Aadhaar, PAN, name, date of birth and e-mail id • Select “Get Authorization PIN” to fetch the PIN on the registered mobile number • Provide this PIN for verifying the request. • Set up a username and password on the UAN portal for future use. Common Reasons for Allotment of Two UANs If an employee changes his job, a new EPF account is set up by the new organisation. All existing EPF accounts are auto-linked with the UAN of the employee. Hence, there are high chances that a new UAN is allotted to the employee at the time of moving between jobs. There could be multiple reasons for allotment of new UAN. Listed here are some of the common reasons: • In case an employee has not disclosed his previous UAN – In case an employee changes his job, he must make sure to disclose his existing UAN and EPF account number (Member ID) to the new employer. In absence of disclosure of this information, the employer may open a fresh PF account along with a new UAN. • Non-disclosure of “Date of Exit” by the previous employer – During the process of EPF transfer to the new employer, the old employer must mention the date of exit in the ECR (Electronic Challan and Return). In case of the absence of this information promptly, the new organisation may allot a new UAN to the employee. Consequences of Holding Two UANs Two active UANs is not permitted by law and is against the rules. A member must have only one UAN with all the EPF accounts linked to it. EPF accounts cannot be transferred among employees. However, an employee who has two UANs can request for his EPF account to be transferred from one UAN to another and ask his previous UAN to be closed. Thus, an EPF account linked with one UAN will have to be compulsorily transferred to another EPF account linked with a separate UAN. What Should an Employee Do? In recent years, there have been multiple cases of employees assigning different UANs (Universal Account Number) to employees. According to EPF rules, an individual should have only one UAN at any given point of time. The employee’s EPF account must be linked to his UAN. In case he/she has been assigned two UANs, the previous one must be deactivated at the earliest. Two Methods to Merge Two UAN EPF Accounts Employees who have been incorrectly allotted two UANs must get one of them deactivated (normally, the previous one). There are two ways of getting the UAN deactivated and the EPF account transferred to the correct and active UAN. Mentioned below are the two commonly used methods: Method 1 • Reach out to your employer or EPFO and report the issue at the earliest • You can write an email to [email protected] stating about your current and previous UAN • EPFO will begin verification on the issue once it gets notified about the issue • Your previous UAN is then blocked and the existing UAN remains active • After this, you have to submit a claim for transferring the EPF account (linked with the blocked UAN) to the new active account. This process can be time-consuming and the general resolution rate is said to be very low. Thus, EPFO has set up a new procedure which is expected to make things easier for a member. It will especially be helpful while merging two UANs and transferring EPF easily. Here is the new method which can be used by an employee with two UANs: Method 2 • After thorough identification, old UAN will be deactivated by EPFO once the transfer of the EPF to the new UAN is complete • Thus, the old UANs will be blocked automatically and an employee’s previous member ID will be linked to the new or existing UAN • SMS notification is sent for the deactivation to the employee’s registered mobile number • If the employee has been unable to activate his new UAN, he will be notified to activate it at the earliest to receive the status update of the account • There could be instances where the employee gets PF arrears from the previous employer. In such situations, the arrear is credited to the new PF account which is linked with the new UAN. Advantages of UAN for Employees Minimum Employer Involvement in PF withdrawals: With the presence of UAN, the employer involvement is significantly reduced since the PF accumulation from the old organization is auto-transferred to the new PF account after completion of KYC verification. No Need for Fund Transfer: An employee must furnish his UAN details and KYC to the new employer for transferring the old PF balance to the new PF account post verification. Manage via SMS Alerts: Employees will receive SMS as soon as a contribution is made by the employer towards PF. This is provided, the employee has registered on the UAN portal. How to use UAN for PF Transfer? The Employees’ Provident Fund Organisation (EPFO) constantly takes several measures to make the operation of EPF accounts easier for both the employer and employees. To keep up with the technological advancements, EPFO is constantly striving towards streamlining of processes about online EPF. This is especially applicable to PF transfer and withdrawal of PF which are considered to be tedious and time-consuming processes. EPFO introduced Universal Account Number (UAN), which is the blanket number for multiple Member Ids given to an individual by various employers. UAN allows the linking of multiple EPF Accounts (Member Id) provided to a single EPF member. It offers a range of services such as dynamically updated UAN card, updated PF passbook including all transfer-in details, facility to link previous members’ ID with present ID, monthly SMS regarding credit of contribution in PF account and facility for auto-triggering transfer request on change of employment. Till recently, PF transfer could be done online by going to the ‘Online Transfer Claim Portal’. However, with the introduction of UAN, the transfer process has been revised and shifted under the ‘unified portal’. For online PF transfer, here are some of the important points to note: • An EPF member must have activated his UAN on the UAN portal and the registered mobile number used for activation should be in an active state. • The Bank account number and IFSC code of the employee's bank account must be updated against the UAN. Updated Aadhar number and PAN is not mandatory for PF transfer requests. • The employer must approve the e-KYC for transfer to be executed. • The previous/current employer must have digitally registered authorized signatories on EPFO portal. • PF account number related to previous and current employment of an employee should be updated in EPFO database. • Single transfer requests per member ID can be accepted. FAQs 1. What if I have two UAN numbers? Does it impact my EPF balance or transfer in any way? Two different UAN numbers for one employee is not accepted and is against the rules. If you happen to change jobs and move between organizations, you must request for transfer of PF account at the earliest. 2. What is the expected timeline for merging two EPF accounts? It normally takes around 20 days from the date of the request to transfer one EPF account to the other. 3. Is Form 13 a prerequisite for UAN transfer? Employees working in the corporate sector are required to submit Form 13 for EPF transfer to their new PF account at the time of job change. 4. How is Form 13 used? Form 13 is primarily used for the transfer of Provident Fund from one account to another. Employees have to submit this form to their employers, upon which, the latter have to verify and approve the details furnished.
question markDual employment 2 Response(s)
Dear Client, We need to check your employment contracts with both companies to understand the terms and conditions regarding employment and termination. Any further legal advice from our end would be based on those contracts.
question markEPFO - DUAL EMPLOYMENT 3 Response(s)
Dear Client, Before joining another Company you are required to tender your resignation and to obtain a relieving letter from the earlier company that eventually caused the overlapping of service or dual employment. Further, Background verification(BGV) check is a process many organizations carry out in order to verify the information provided by the candidate during hiring. Verification of EPFO records through UAN is a critical process 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 or 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 Regional P F Commissioner who is the competent authority to resolve any anomaly arising out of date of appointment and date of discharge in EPF records. A joint declaration form is used to correct Provident Fund (PF) member details. It is a combined form that the employee and employer jointly sign and submit to the regional PF commissioner to update the wrong information entered in the employees’ PF accounts. 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 overlapping or service or 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.
Our Expert Lawyers in Contracts and Agreements Employment and Labour