• Dual employment issue, background verification failed for 2 months overlap

Dual employment issue, bgv failed for 2months overlap. I was on sabbatical leave in one company during employment of other company. Both companies nature of business is different and client also different. I realised the mistake and immediately resigned from 2nd and from there i never did dual employment. After that i been working in different companies and never arised this issue. Now i got a offer from one big company but during bgv, they rejected me for dual employment. I explained everything and even confirmed i can write email that it was my mistake and in my career no other anomalies. They still did not agree. i contacted pf office also, they can do anything for dual employment. I know i did mistake and immediately corrected but seems like that is a huge impact on my career now. please guide me what can i do?
Asked 4 months ago in Labour

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7 Answers

Taking on a new job while still employed elsewhere is generally considered dual employment and can be a breach of contract. 

 

2) Background verification often checks for employment history, and an overlap can trigger a failed BGV. 

 

3) Use a joint declaration form, signed by both the employee and previous employer, to correct any discrepancies in PF records. 

Ajay Sethi
Advocate, Mumbai
99754 Answers
8141 Consultations

  1. Be Honest and Proactive: Always mention the dual employment issue upfront in future job applications, explaining it was during your sabbatical, was unintentional, and immediately corrected.

  2. Prepare a Written Explanation: Have a brief, factual statement ready about the 2-month overlap, emphasizing no further such incidents and your clean record since.

  3. Seek Flexible Employers: Apply to companies or start-ups that may be more understanding—each firm has its own policies.

  4. Use Positive References: Ask former managers or HR (after the incident) to vouch for your integrity and current work ethic.

  5. Don’t Lose Hope: One mistake doesn’t end your career; honesty and persistence usually help overcome such setbacks with time.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

You can’t do anything. You need to find a company who accepts you with the same. But don’t admit it in writing with any company this will create a issue of admission in your matter 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

Clarify the overlap context in writing by documenting a clear explanation addressed to your prospective employer, stating: the exact timeline of your employment and sabbatical leave; that the two companies operated in entirely different domains with no conflict of interest; that once you realized the overlap, you immediately resigned to rectify the situation; and that since then, you have had a clean career record with no further dual employment or anomalies.

You mentioned you are willing to put this in writing—this is good and should be done in a formal email or affidavit.

Request reconsideration with supporting documents. Along with the statement, provide any supporting documents such as resignation letter from the second company, employment letters confirming dates, sabbatical sanction letter or approval, and PF statements showing employment timelines if available. Use these to strengthen your clarification and request reconsideration.

Negotiate with the employer or HR. Sometimes policy is rigid, but if you can offer a detailed explanation, consent to write no-dual-employment declaration, and assure your best commitment, some employers may reconsider.

Try alternate channels. If the employer refuses reconsideration, ask if they can reconsider after you join probation or provide a second chance based on your integrity record. Attempt contacting higher HR or compliance managers with your explanation. If it’s a critical opportunity, consider seeking help through professional references or internal referrals who can vouch for your character.

Regarding PF Office: as you rightly noted, PF officials generally won't intervene in dual employment disputes during BGV as it’s an employment contractual matter, not a PF violation.

Future prevention and transparency will help avoid such issues: always ensure no overlap in employment contracts, disclose any sabbatical or notice periods clearly during recruitment, and keep transparent documentation of any such leaves or employment breaks.

If rejected, don’t lose hope. BGV rejection on technical grounds unfortunately happens. But many companies consider the overall candidate’s profile and integrity. Keep applying elsewhere and explaining the issue proactively to prevent misunderstanding.

Legal remedy is limited since BGV and hiring decisions are at employer discretion, unless there is discrimination or violation of contract. Focus on proper documentation and communication.

In summary, prepare a clear written explanation with supporting documents, formally request reconsideration, offer a no-dual-employment declaration, and engage HR patiently. If refused, seek alternate offers with upfront clarifications. Maintain transparent and consistent employment records to avoid future issues.

If you want, I can help you draft your explanation letter or advise on communication strategies with the employer. Please feel free to contact me for a professional consultation tailored to your case.

Yuganshu Sharma
Advocate, Delhi
944 Answers
2 Consultations

If background verification reveals dual employment, be proactive and transparent. 

Explain the situation to your new employer, providing documentation if possible.

Don't try to hide the dual employment. 

Explain the situation to your new employer, ideally during the interview process or as soon as you are aware of the issue. 

Emphasize your qualifications and contributions to your new role, demonstrating that you are a valuable asset despite the dual employment issue. 

Try joining small scale companies and declare this 10 day dual employment up front.

Mention valid reason why you did this etc.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

This is not a legal problem. Woking for two employers simultaneously without consent of both employers is against the  policy of employment. Before applying, you can disclose all facts and leave the  decision to employer. Law cannot force an employer to engage an employee against it policies.  

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

You made a mistake by being on sabbatical in one company while working in another, which caused a two-month overlap. Even though both companies were unrelated and you corrected the mistake quickly by resigning, the dual employment record still appears in your background verification.

Unfortunately, many large companies have strict policies and won’t accept any history of dual employment, even if it was unintentional or brief. Since you already explained and offered to give a written statement, but they still rejected your offer, there is not much else that can be done with that specific employer.

PF office generally does not help in such employment verification matters. Going forward, always be transparent and honest in all job applications. Keep applying to other companies not all employers treat short-term dual employment as a deal-breaker, especially if you’ve maintained a clean record since.

You may also consider requesting a character certificate or experience letter from your previous employers (post that incident) to strengthen future background checks.

 

Suresh Kumar Pal
Advocate, Allahabad
106 Answers

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