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Ankur (admin)     22 October 2013

Reliving date and joining date are same

Hi Experts

I worked for an IT company ACT for 10 months.then i got an offer another company HCL. till the end ACT's HR kept my last date as 14th oct 2011 so i can join new company HCL on 17th oct 2011.

but once i joined HCL with resignation acceptance letter. After a week i got relieving letter from ACT marking my last day as 17th OCT 2011. when i enquired ACT HR she said they have updated

17th as leave in company database. Now i want to join 3rd company when i produced documents to my recruiter he clearly stated how is it possible that i was an employee of 

company ACT on 17th oct 2011 and employee of HCL on 17th oct 2011.

 

1) how can i get my relieving letter with last day marked as 14th oct by ACT.

2) Is it illegal as per indian labour\employment laws to be employee of 2 different companies on same date.

 

PLEASE HELP ME ASAP



Learning

 5 Replies

M.S.R.Murty ( Manager (Admn))     22 October 2013

Dear Sir,

First you correspond with the ACT Company and get the clarity from them by email or snail mail.  More over your proof of attendance on 17.11.2011 in which company is important.

Ankur (admin)     22 October 2013

@Mr Murthy -- i have already sent a mail to company ACT.

i would like to know your views on :

1) how can i get my relieving letter with last day marked as 14th oct by ACT.

2) Is it illegal as per indian labour\employment laws to be employee of 2 different companies on same date.

Kumar Doab (FIN)     22 October 2013

 

Employee should always be careful with papers and should always consult elders in the family, competent and experienced well wishers, trade unions, lawyer/law firm……………..on all matters.

 

 

 

You have posted that:

 

----“ till the end ACT's HR kept my last date as 14th oct 2011”

 

Is it stated in writing even if by email? If yes send it as an attachment to ACT.

 

 

----“ i joined HCL with resignation acceptance letter.”

 

Resignation is to be accepted from a date and date is to be mentioned in acceptance letter.

 

Send it as an attachment to ACT.

 

 

-----“ when i enquired ACT HR she said they have updated 17th as leave in company database.“

 

You should have rejected to accept this approach of female HR then and there.

If resignation has been accepted w.e.f 14th there can be no attendance and leave w.e.f. 15th.

If you have not attended office on 15th, 16th, 17th and have not applied for any leave on these days no one other than you can mark attendance or leave on these days.

 

 

The HR is not your employer. She is just another employee in the company. If she has committed an error she has to correct with full onus of error on her.

 

 

Submit a carefully structured communication to good offices of appointing authority, MD and demand correct relieving letter and service certificate, last salary slip, and FNF statement with correct DOJ and DOL, and demand the copy of service card and Form

 

(The Inspector under Shops and Commercial Establishments Act of your state at your location can tell you the name for the Form in which attendance and leave record is maintained) too.

 

Even if company is maintaining digital record and is authorized for self certification as per IT policy of your state (where you are located) the company has to maintain record as per form and formats prescribed under the Act.

-----“ he clearly stated how is it possible that i was an employee of company ACT on 17th oct 2011 and employee of HCL on 17th oct 2011.”

 

 

 

Recruiter is right.

 

You can not be in employment of two companies on a single day.

 

This of course amounts to double employment.

 

In future also this can affect you, during BGV more so if you plan to move abroad and want to apply for a Visa.

 

 

You can approach Labor Inspector, Inspector under Shops and Commercial Establishments Act of your state, trade unions, lawyer/law firm…………………….and should peruse the matter till the errors are duly corrected and all written record is provided to you.

Isaac Gabriel (Advocate)     22 October 2013

The date of relief and joining could be the same if you were relieved on the forenoon and joined in the new company on the Afternoon or in the forenoon itself in case the companies are situated in the same headquarters.The new company need not read in between the lines.

Ankur (admin)     23 October 2013

Mr Issac -- company from which i left was in gurgaon (national capital region ) and company which i joined is in noida (national capital region ). could you please state a law which i can use as reference.


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