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Varun P   27 March 2024

Require assistance to solve pf overlapping issue

Hello Sir,

I had joined company B, 9 days earlier then the last day of my work in company A because I was not tagged to any project in company A(I was on bench) thinking I might loose the opportunity in company B I had joined them. Now I tried requesting company A to change the exit date and okay to pay the penalty but they are hesitant to change it. So, I need your advice on the same.



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 7 Replies

T. Kalaiselvan, Advocate (Advocate)     27 March 2024

When you did this act of cheating the company which you joined you were aware of the legal consequences which would even ruin your career,  but  you didn't pay attention towards, hence you are suffering for your intentional act of negligence. 

You cannot look for a legal solution for this except to request your previous employer to pardon you and condone your acts of negligence and to assist you to find a solution for this using their discretionary powers. 

Varun P   27 March 2024

Hello Sir,

Thanks for your response and as I was not tagged to project I was worried about my job security and hence I joined new company 9 days early. Now I pleaded with company A to correct it and was okay to pay the penalty. But they are reluctant. This issue happened during 2020(corona first wave) and consultants like us lost job without prior notice from companies. but I assume we can't say company cheated on us..☺️

T. Kalaiselvan, Advocate (Advocate)     28 March 2024

What is the problem that you face now after four years with regard to your problem discussed in this thread 

Varun P   28 March 2024

Hello Sir,

Now all serviced based companies post corona...I..e 2023..are doing strict BGV checks on PF overlapping reflected on UAN portal and are rejecting consultants. If there are disturbancy even by 1 day. To solve this we meet company HR's and request them to correct it by paying penalty. Some companies do help us as it affects our career. But others won't entertain this activity and telling us directly our legal team will handle it(they say this orally). So now we are in no man's land don't know what to do we can't join any Indian MNCs or MNC's . So, we need some guidance/assistance sir, please guide us.. knowingly or unknowingly people have done a mistake we should be given a chance to correct it.

Note- Normally our working time will be 9-6 and In some of the cases (during  Covid) HR's have misguided us(I assume ) to take additional work(after 6) from other companies. So we took those opportunities to have some additional income. But now we have been questioned by same HR's and are suspecting of dual employment or moonlighting..☺️ 

 

Dr. J C Vashista (Advocate )     28 March 2024

Settle the dispute with your ex-employer to avoid any complicacy, as you have cheated them by joining another company without being relieved.

Varun P   28 March 2024

Hello Sir,

As I said earlier corana had entered India in 2020 and many people were loosing job and some of them were removed even though we were loyal to the company for 4-5 yrs working in same company without dual employment and company's said due to corona we don't have project . we lost job by 2 min phone call or teams call. But noone said company cheated on us.

In my case I am okay to pay the penalty to correct it and my friend had similar issue and he was helpd by his previous employer when he paid the penalty. So I gave that example too and explained the same when I met the HR in person in the company's office but are reluctant to help me. So I need some guidance as it's affecting my career progression.

T. Kalaiselvan, Advocate (Advocate)     28 March 2024

You can talk to the employer and get it solved if he's willing to help you by condoning your lapse.

But if he is not willing to accept your excuses, you cannot claim it as a right nor you can force him through legal forum.


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