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Ravi (Dev)     03 December 2010

Overlapping in reliving and joining date

Hi,
There is a day overlapping in my first company reliving date and second company joining date. The reliving date on the first company and joining date on the second company is same. Is there any legal issue or will create any bad mark for my background check for my next company. I am planning change the company now.
Resignation date on First company 14 SEP 2009
Relieving date on First company 15 SEP 2009
Joining date on second company 15 SEP 2009
 
My first job is in a day shift and the second job is on night shift that is why the overlapping has came. Is there any violatioin for the labour law for the relieving date and joining dare are same.

Please advice me...
Thanks,
Ravi



 



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     03 December 2010

No.   immediately after relieve from the old job you have joined a new company.

RENISH RAO (ADVOCATE)     04 December 2010

You advice to keep some supporting documents showing your shift timints in new company, may be your attendance report (showing time) duly certified by the second company and produce the same to your new company on demand.

Gurpinder (Team Lead)     20 March 2012

Hi,

I was working in Infosys in 2005-2007.

However when I left Infy I was not able to serve my notice period and the new company accepted me with the resignation letter. However I informed Infy about my inability to continue for 30 days. In the e-separation letter the date selection was automatic and did not allow me to choose my date in the system and because of that I stated my last date in the comments.

At that time they told me verbally that they will not provide me relieveing letter. Even though nothing was communicated in written.

After about 6 months they credited gratuity in my account .

Recently, I sent an email to them asking for a relieving letter which they issued but the relieving date is showing that I served all 30days which incorrect. I asked them to correct it and told them they can cross verify with my attendance record that I attended only till 31st Aug, but they are not ready to change the date.

 On 3rd Sept I had already joined my new org.

Can a company give a relieving date even though I did not attend the office?

Please let me know if any legal action can be taken.

 

Thanks,

Jiggs

 

Sudhir Kumar, Advocate (Advocate)     24 March 2012

Such action in Govt service from one deptt to another could have resulted in disciplinary  action. 

Reddy   11 March 2023

There is a two day overlap from A org. DOE and B org. DOJ. 

The DOE of A is 15th and B org DOJ is 14th which i accepted however i started only on 18th how to prove that B org is claims as per offer date 14th is updated all over and paid sal which I haven't disputed.  But before accepting I raised as it will be Conflict to HR recruiter he assured verbally don't worry client billing started on 14th can't change now while releiving we will give DOJ to 18th. I accepted in good faith.  When I raised this on reliving they are blaming me since I accepted offer on 14th and all docs shows 14th they are claiming they can't change now. Also freaking me as it was verbal assurance by hr recruiter. I'm trying to fight with Resignation acceptance email/ service letter which states DOE is 15th.  Which i shared on ONBOARDING.  They are not considering it and declining by claim it is internal process which is started after 14th your offer date.   How to prove that I joined only on 18th. And how to correct my DOJ offer payslips & EPF to 18th. 

On onboarding doc I have mentioned DOJ as 18th will this be considered to support my claim which is in employer record copy. 


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