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Sai k (sf)     25 November 2024

Service overlap of 3 months

I was absconded from a company A and joined in company B (Due to some personal issue ). Company A refused to give immediate relieve instead ask me to serve 3 month notice period. but i dont want loose the company B offer because its the best for my career, so was absonded and returns all the company A assets  and joined in Company B. Company A didn't terminate my service immediately, they have continued my employment 3 more months(as a notice period followed by Letter OF Concerns) and terminated after 3 months . i got to know about this after a year and i have paid all 3 months salary for not serving notice as FnF settlement and got all the docs(including relivng letter), but they didn't change the LWD. due to this i got service overlap of 3 months with company B  .  Even overlapp is reflecting in my EPFO service history. This will impact my career.
            I can prove that i didn't moonlight with the help of bank statements and payslips . But service over lap is in relieving letter and epfo.I tried to request HR's of Company A multiple times but they refused to change LWD.
What can i do in this situation.         



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 November 2024

You have stated to have absconded the previous company and joined the new company without being legally relieved from the previous company.

You may have to request the previous company to issue the relieving letter accordingly and inform the PF authorities about this, if you are able to convince then you can get the desired relief or you may have to resort to legal means for relief.

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Sai k (sf)     27 November 2024

@T.Kalaiselvan thank you very much for responding. I have tried of requesting them to change the LWD  but they refused to change, saying that unless they get any early relieving approval letter from the corresponding manager , they cant do anything on this. I dont have such approval letters.
 What do you mean by legal means?. can i get the solution if i approch Labour & service law?

T. Kalaiselvan, Advocate (Advocate)     28 November 2024

You may approach civil court with a suit for declaration to declare your actual date of relieving from the previous employer and a mandatory injunction application against the previous employer directing him to amend the actual date of relieving as sought by you for the reasons you rely upon.

 

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