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Taj   04 January 2023

Hiding previous employment

I left a job with company A within 7 months due to family issues.

Recently I joined another company B where I didn't mention about my experience with company A.

And mentioned other previos relevant experiences.

As per law is it legal to do so.

And if they find out about company A in future through my PF account, will they be able to sue me for this?

I was asked about the employment gap in my verbal interview and the interviewer who is the founder of the company was satisfied by the answer I gave.

So it is a valid point I can use if questioned?



Learning

 2 Replies

Legaladvisor   04 January 2023

You can escape for the time till you apply for transfer of old PF with new one. My view is that donot apply for transfer of your old epf account with the present employer, try to transfer it later on or say after long time.

While approving your PF transfer request, your present employer can only see the previous employer data, or if you show your member login or via mobile app, if you donot show yourself it cannot be visible to other or in case you apply your online transfer request to present employer, its upto you.

You can boldly state that the concern did not fit you, hence you left shortly.

Moreover UAN number has no relationship with employer. Unless you declare no one can trace your UAN no with mobile number.

There are 2 cases to know :-

1) If KYC of old UAN is already done and AADHAR is seeded - in such case an error will appear while registering for UAN. New UAN number can not be generated and old UAN will automatically appear.

2) If KYC is NOT done of old UAN - New UAN will be generated. But at time of taking withdrawal etc, both UAN needs to be merged. This can be achieved even without current employer approval.

But the question here is that do employers mandatorily check UAN service record as part of Background Verification. As per my research, they do not. However, still they may check it, which makes it possible that job applicant is cross-questioned on inconsistency but it usually never happens, not in my knowledge. The basic purpose of obtaining UAN from employee is just to link their new PF account with existing UAN profile. Hope this clarifies your question.
 

P. Venu (Advocate)     24 July 2023

May be there is nothing that violates any law, there is an element of lack of ethics. In any employment, private or public, morals as well integrity is decisive.

For mor information, you may post the query at citehr.com


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