Dual employement issue

Raghu (Querist) 24 July 2024 This query is : Resolved
Hello
I need advice on the following incident:--

I joined an IT MNC and didn't like the role that they gave me. I also have a better offer in my hand. I just attended the virtual induction session for day 1 after 1 week sent an email that I am resigning. But I didn't get any reply to that email. So I tried to contact them through mobile they didn't pick up the call either. I didn't get a salary for the first month so I thought they relieved me. Meantime I joined another organization in which I have a better role.

After 5 months I came to know they have created a PF account for me. Due to that, I getting a Background verification issue. After that, I contacted them to sort out this issue but, they told me you are still our employees so we couldn't do anything. After that, they sent me a email for termination from their organization. Now It has become a dual employment issue for me. Please give suggestions to sort out this issue

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Quick Summary

This discussion addresses a complex dual employment situation where an individual resigned from an IT MNC after only attending a virtual induction. Due to a lack of response and salary, they assumed they were relieved and joined another company. However, the first employer later created a PF account, leading to background verification issues. The advice suggests that resolving this may require legal action to validate the resignation and rectify PF records, as the employer is reportedly uncooperative.

kavksatyanarayana (Expert) 24 July 2024
Without getting a reply from the organization how did you join another organization? If you decide to quit the job, you shall meet the HR/Your boss to relieve you and after relieving there you do as you like. You stated that they sent an email for termination from the organization. So, you request them to give your termination order. then no problem.

Raghu (Querist) 25 July 2024
Since It's corona period there is no office physically. All done in virtual process only. After may resignation mail I tired to contact my manager many time but he didn't picked my call. Salary also not credited to me. So, I thought the onboarding process not completed.

Raghu (Querist) 25 July 2024
Since It's the coronavirus period there is no physical office. All are done in a virtual process only. After my resignation mail, I tried to contact my manager many times but he didn't pick up my call. My salary is also not credited to me. So, I thought the onboarding process was not completed.

T. Kalaiselvan, Advocate (Expert) 25 July 2024
You may have to fight it out legally if you have merits in your case by filing a suit for declaration to declare that your resignation as valid even though they did not agree for that

Raghu (Querist) 26 July 2024
By approaching legally can I able to close the PF member ID or Can I able to change the exit date in PF?

kavksatyanarayana (Expert) 26 July 2024
You can legally get your resignation valid, and the new organization may give you a PF member ID as per their norms.

Sudhir Kumar, Advocate (Expert) 27 July 2024
I partially disagree. No organisation an have their own PF Policy. They are bound to follow policy laid down by EPFO.

If you joined a company even for one day, they are bound to create PF account and deposit dues for whatever period they gave you (or may give later) salary.

You have to contact RPFC office for solution.

Raghu (Querist) 27 July 2024
It's been nearly three years sir they did not give any salary to me.
Only PF amount deposited in PF account.

Even when I contacted the EPF office they told since the employer has deposited the PF amount I have to contact them only. Then I contacted them to explain this but, they told me we could not do anything.

T. Kalaiselvan, Advocate (Expert) 27 July 2024
You are hesitating to take any legal action for the reasons best known to you.
You cannot get any positive reply from your employer if you had annoyed them in the past due to your erratic behavior during the course of your employment, hence the employer is not willing to cooperate in this regard.
Thus the only option before you is to file a suit before a court competent seeking the desired relief in order to protect your career interests properly

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