Dual employment issue

Raghu (Querist) 14 August 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.

In the 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 am 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 an email for termination from their organization. Now It has become a dual employment issue for me.

As per the policy if I am Absent for 10 days they should remove my employment from their payroll. But They didn't do that instead removing my employment from their payroll the kept it active for 8 months.
Please give suggestions to sort out this issue.

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Quick Summary

An individual resigned from an IT MNC after just one day but received no confirmation. Believing they were no longer employed, they accepted a new role. Five months later, they discovered a PF account was created, leading to background verification problems. The previous employer claims they are still employed, complicating the situation and potentially requiring legal intervention to validate the resignation and rectify PF records.

T. Kalaiselvan, Advocate (Expert) 15 August 2024
You may have to approach court to declare your resignation as valid and directions to previous employer to rectify the erroneous information furnished to PF authorities.

Raghu (Querist) 16 August 2024
Ok Sir @Kalaiselvan
Thanks
I will try to do that.

T. Kalaiselvan, Advocate (Expert) 16 August 2024
That is the last option available before you if both the employers are not cooperating and indulge in blame games against each other

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