Employment overlapping for 2 months
5 months ago
I was working in two companies previously. A company was permanent and B company was contract. Due to covid situation my entire family was facing some financial issues, that's y I decided join B company. Now both A& B company in between two months employment overlapp happened. Now 2 companies are revoked my offer due to this issue. Can anybody tell me what kind of legal actions should take to resolve this issue. Due to unawareness of these epfo and service overlap I did. Please help me to resolve this issue. I was requested to B company to change joining date but they are not responding. Please tell me possible ways to rectify my joining date.
A.Dear Client,
Firstly, we need to review the employment contracts you signed with both Company A and Company B to look for clauses related to termination, notice periods, and any other relevant terms. Understanding your contractual obligations is crucial. You may even offer to adjust your contract period with Company B to compensate for the overlapping dates. This could involve extending your contract or reducing your compensation for the overlapping period. To rectify EPFO records, you'll have to file a joint declaration form with Company B to update your employment details and rectify the overlapping period. This form should be signed by both you and Company B's authorized representative.
Firstly, we need to review the employment contracts you signed with both Company A and Company B to look for clauses related to termination, notice periods, and any other relevant terms. Understanding your contractual obligations is crucial. You may even offer to adjust your contract period with Company B to compensate for the overlapping dates. This could involve extending your contract or reducing your compensation for the overlapping period. To rectify EPFO records, you'll have to file a joint declaration form with Company B to update your employment details and rectify the overlapping period. This form should be signed by both you and Company B's authorized representative.
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A.Dear Client,
The Factories Act, 1948 and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. Further, rules related to dual employment have been captured under State-specific labour laws.
It is not illegal however both companies should not have the clause “cannot take up work full time in some other company” Then the issue will arise when TDS is being filed by both employers will come to know and consequently you may lose both jobs. So, before joining another Company you are required to tender your resignation from the earlier company that eventually caused the overlapping of service. 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 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 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/).
The Factories Act, 1948 and the Industrial Employment (Standing Order) Rules, 1946, prohibit adult workers from engaging in dual employment. Further, rules related to dual employment have been captured under State-specific labour laws.
It is not illegal however both companies should not have the clause “cannot take up work full time in some other company” Then the issue will arise when TDS is being filed by both employers will come to know and consequently you may lose both jobs. So, before joining another Company you are required to tender your resignation from the earlier company that eventually caused the overlapping of service. 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 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 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/).
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