Hi Team, Please help me. In my 1st company, I worked for 1+yr. But due to my brother's serious accident, I left immediately without serving a notice period ... I absconded, and he got surgery .... but after one month, he expired. Now I'm working in SAP... but in UAN, its showing my 1st company.... The Exit date is not mentioned in that because of abounding... Please help me how to clear this absconding problem ... and UAN Exit date
From India, Hyderabad
From India, Hyderabad
What was the notice period mentioned in your written contract? If it was not specified it is not mandatory to serve any notice
As this is a contractual matter it will depend on what were the terms- assuming you have specified notice in contract- the company also has a right to initiate legal action against you for breach of contract or damages etc so thread carefully and strategically. For PF issues it is advisable to visit the office and ask them to contact employer to show your exit.
For future reference it is always advisable to inform the company- even if emergency just send an email explaining the urgency.
From India, Surat
As this is a contractual matter it will depend on what were the terms- assuming you have specified notice in contract- the company also has a right to initiate legal action against you for breach of contract or damages etc so thread carefully and strategically. For PF issues it is advisable to visit the office and ask them to contact employer to show your exit.
For future reference it is always advisable to inform the company- even if emergency just send an email explaining the urgency.
From India, Surat
Failure to comply with the procedure is your fault. That has to be rectified by your previous employer only. If the reason state here are genuine that you may take a chance to meeting the HR and competing the formalities. At worst situation they may ask you submit formal resignation letter & get the relieving and 'exit' entry in your UAN format. They may insist that you should deposit the one or 3 months' salary as the case may be, in lieu of Notice period working. An apology letter attaching copies of your brother's medical records & his death certificate may required to be submitted in support of your 'absconding'. Most likely they'll enquire about your present status. Answer them tactfully in a smart way in a convincing manner and sort out the issue so that your UAN is updated properly so that you can continue to operate your existing membership within an opening balance brought forward from the previous employer.
From India, Bangalore
1081From India, Bangalore
@kumar.s
What exactly is the legal and other implication if the previous company does not put exit date at all and the new company starts contributing to PF and gives their own joining date?
Apart from BVG queries, will it have any real effect?
Actually not putting an exit date is stupid because it allows the employee to make claims against the company and say he is still employed there (not relevant in this particular case, but in general) which can cause a lot of problems for the company under numerous laws...
Would appreciate your input and feedback on this.
From India, Mumbai
What exactly is the legal and other implication if the previous company does not put exit date at all and the new company starts contributing to PF and gives their own joining date?
Apart from BVG queries, will it have any real effect?
Actually not putting an exit date is stupid because it allows the employee to make claims against the company and say he is still employed there (not relevant in this particular case, but in general) which can cause a lot of problems for the company under numerous laws...
Would appreciate your input and feedback on this.
From India, Mumbai
Hi,
Leaving an Organisation without any information to the Reporting Authority / HR is a serious misconduct.
Have you updated about your Brother's serious accident and subsequent surgery and requested for leave ?
Obviously when you vanish without any information Employer will proceed with disciplinary action and will close the file at the end disciplinary proceedings only. Have you received any warning / termination letter from your ex-employer ? There are chances your HR waiting for the final termination letter to be served and after that might mark exit date, the date which they are closing your file officially.
Employer cannot hold marking the exit for very long time. Exit date is very important and without exit date you will not be able to transfer the PF amount to the new employer office or withdraw the same. You can check with your Ex-employer regarding this. If they are purposely holding this you have the option of marking the exit date by yourself through your UAN login. But I think some waiting time is there to do this.
Where ever possible try to contact Ex-Employer try for amicable relieving even by making some payment in lieu of notice period else in case of future employment verification negative feedback will be provided by your ex-employer which will affect your career.
From India, Madras
Leaving an Organisation without any information to the Reporting Authority / HR is a serious misconduct.
Have you updated about your Brother's serious accident and subsequent surgery and requested for leave ?
Obviously when you vanish without any information Employer will proceed with disciplinary action and will close the file at the end disciplinary proceedings only. Have you received any warning / termination letter from your ex-employer ? There are chances your HR waiting for the final termination letter to be served and after that might mark exit date, the date which they are closing your file officially.
Employer cannot hold marking the exit for very long time. Exit date is very important and without exit date you will not be able to transfer the PF amount to the new employer office or withdraw the same. You can check with your Ex-employer regarding this. If they are purposely holding this you have the option of marking the exit date by yourself through your UAN login. But I think some waiting time is there to do this.
Where ever possible try to contact Ex-Employer try for amicable relieving even by making some payment in lieu of notice period else in case of future employment verification negative feedback will be provided by your ex-employer which will affect your career.
From India, Madras
Dear Sri.Saswata Banerjee, we have not faced, so far, a situation like this. Having said that, in case of employees leaving us we had acted reasonably by promptly entering the 'exit' entry (with a view why waste our time tracing those fellows leaving us). A few months ago one employee didn't turn up for duty, absent without applying for leave and not even prior intimation thereof. We marked absent for a month and the next month we struck off his name in the muster roll (Form-T) and marked 'exit' in his PF a/c. In the Sunil's case (supra) it appears his first employer withholding the 'exit' entry till now, in a way forcing him to try other options. In the circumstances, If possible Sunil may try the present employer open a new a/c and later on try to transfer the previous a/c balance to the new account and deactivate the old UAN by using the possible methods.
This case will throw a situation having two UAN & EPF accounts for the same employee which is possible but not permitted. Having two active UANs is against the stipulations. To streamline two EPF accounts issue, you should have just one active UAN number. What should be done, deactivate the old one and transfer the EPF account to the new UAN. This way, all previous EPF accounts will link to the current one.
What should be done if an employer is not marking an exit in EPF ?
How to enter date of exit in EPF without employer?
Just follow these steps and mark date of exit itself (I have not tried this but for information I share these).
1.Go to EPFO member portal.
2.Login with UAN and Password.
3.click on mark exit option at “manage” tab.
4.select date of exit and then reselect date of exit.
5.choose carefully the date of exit, as updated date of exit will not be edited once submit.
What said is easy but doing it is difficult.
Here the catch is, you will have no possibility/can't have the details of EPFO member ID & PW to login to EPFO portal mostly, which is only known to your HR or accounts staff who is doing EPF entries. So without intervention of your previous employer 'exit' entry is not possible. Also go thru' the discussion in citeHR on the very same issue in this link:
https://www.citehr.com/632468-exit-date-not-updated-pf-previous-company.html.
For general information of seekers I also attach a few notes I collected from sources where FAQs will help to understand this more.
From India, Bangalore
This case will throw a situation having two UAN & EPF accounts for the same employee which is possible but not permitted. Having two active UANs is against the stipulations. To streamline two EPF accounts issue, you should have just one active UAN number. What should be done, deactivate the old one and transfer the EPF account to the new UAN. This way, all previous EPF accounts will link to the current one.
What should be done if an employer is not marking an exit in EPF ?
How to enter date of exit in EPF without employer?
Just follow these steps and mark date of exit itself (I have not tried this but for information I share these).
1.Go to EPFO member portal.
2.Login with UAN and Password.
3.click on mark exit option at “manage” tab.
4.select date of exit and then reselect date of exit.
5.choose carefully the date of exit, as updated date of exit will not be edited once submit.
What said is easy but doing it is difficult.
Here the catch is, you will have no possibility/can't have the details of EPFO member ID & PW to login to EPFO portal mostly, which is only known to your HR or accounts staff who is doing EPF entries. So without intervention of your previous employer 'exit' entry is not possible. Also go thru' the discussion in citeHR on the very same issue in this link:
https://www.citehr.com/632468-exit-date-not-updated-pf-previous-company.html.
For general information of seekers I also attach a few notes I collected from sources where FAQs will help to understand this more.
From India, Bangalore
Hi Sunil,
I would suggest you to meet the HR personally and obtain further details. Mere writing a letter, I think is not going to solve the issue now. This is only a suggestion and I cannot predict the consequences & results. What could be the practical approach I'm making as a suggestion. It's upto you what to do & how ? And don't use the word 'absconding' instead use 'absent' without intimation or approved leave. A 'continuous absence without notice' call for 'dismissal or termination' from service which is going to be imminent that's for sure, what next only the HR will be able to tell you.
From India, Bangalore
I would suggest you to meet the HR personally and obtain further details. Mere writing a letter, I think is not going to solve the issue now. This is only a suggestion and I cannot predict the consequences & results. What could be the practical approach I'm making as a suggestion. It's upto you what to do & how ? And don't use the word 'absconding' instead use 'absent' without intimation or approved leave. A 'continuous absence without notice' call for 'dismissal or termination' from service which is going to be imminent that's for sure, what next only the HR will be able to tell you.
From India, Bangalore
Mr.Kumar
You have suggested in your post " If possible Sunil may try the present employer open a new a/c and later on try to transfer the previous a/c balance to the new account and deactivate the old UAN by using the possible methods "
Once UAN is allotted by one Employer the same should be used with subsequent employers and duplication of UAN is not possible now a days. In the initial days there were few instances duplicate UAN were created by new employers but now even if the new employer tries to allot new UAN Portal is not accepting and shows error.
From India, Madras
You have suggested in your post " If possible Sunil may try the present employer open a new a/c and later on try to transfer the previous a/c balance to the new account and deactivate the old UAN by using the possible methods "
Once UAN is allotted by one Employer the same should be used with subsequent employers and duplication of UAN is not possible now a days. In the initial days there were few instances duplicate UAN were created by new employers but now even if the new employer tries to allot new UAN Portal is not accepting and shows error.
From India, Madras
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