• LWD discrepancy leading to parallel employments

Hi Sir/Madam,

I am having a issue related to my Last Working Date (LWD) from my previous company, PNBMetLife resulting in parallel employment with PNBMetLife and Tata AIG for a month. I resigned from PNBMetlife on 7th July 2016 and I informed my manager to be relieved on 12th July, to which my manager asked me to extend by a day as  I was dealing with a customer and my manager wanted me to close the case before leaving.My id card was collected on 9th July by the admin team and my attendance was marked till the previous date i.e., 8th July. I joined my current company the following day on 14th July and my teammates at PNBMetLife including my manager were fully aware of this.
But to my utter shock, I got the relieving letter on 26th Sept wherein LWD was mentioned as 13th August along with the Full and Final Settlement done till 5th August as the maximum notice period is of 1 month only.Since then I have been following up with HR and manager from the previous company to get this issue sorted but it is not getting anywhere near that.I admit that I made the mistake of missing the LWD mentioned in the auto generated mail but the same was missed by other parties as well.I was not called even once or inquired about my unavailability between 13th July and 13th August.HR from PNBMetlife is putting the entire blame on me by saying that mistake is mistake and they can't and will not do anything to change any thing from their end and instead has asked everything to be done by the current company. He has sent mail to my current HR asking how I was hired on 14th July without verifying LWD from the previous company instead of co-operating and resolving the issue. My ex-manager has not responded to my mails even once and of late has stopped receiving my calls, even though he can be brought to task by the HR team and senior management as he is fully aware of the situation what had happened actually and instead keeping quiet to save his job.If he had admitted the discrepancy earlier, this would not have escalated to this level.
Please suggest what can I do in this case as I do think the issue is not something which can't be resolved.In case this is not resolved, I may will be asked to leave from the current company.

Regards,
Subhra Singh
Asked 1 month ago in Labour from Hyderabad, Telangana
under terms of your appointment you have to give one month notice period 

2) you have resigned from company on 7th july and requested for relieving by 12th july 

3) you have not mentioned whether you received any mail accepting your resignation letter effective 13th july

4)if your last date was mentioned as 13th august then you could not have joined another organisation  on 14th july 

5) it is at the discretion of management to waive off the notice period . of one month 

6)in your case your ex employer has refused to do so and mentioned your last working day as 13th august 2016 

7) better visit your ex employer office personally and raise the issue with your superiors . mention that if issue is not resolved you would lose your job 

Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
It appears that your ex employer is not interested in resolving the issue 

2) it is at discretion of management to waive off the notice period 

3) you resigned on 7th July 2016 and have not received any email accepting resignation on 13 th july2016 
Ajay Sethi
Advocate, Mumbai
23334 Answers
1220 Consultations
5.0 on 5.0
Please suggest what can I do in this case as I do think the issue is not something which can't be resolved.In case this is not resolved, I may will be asked to leave from the current company.

There appears to be gross negligence and lethargic attitude on yor side too, may be you did not bother owing to yor anxiety to join the new company without bothering about the formal and legal requirements to join a new company while working in a company.
There is no use in just corresponding to the management of the previous company through emails or phone calls.
You should hav escalated the matter to the top boss of the company either by sending a personal letter addressed to him and sent through registered post or by taking an appointment to talk to him in person along with the written complaint about this negligent attitude of your manager or HR.
Please be aware of the fact that your manager or the HR are also employees of the firm/organisation and they would try to protect their interests only when there is a mistake or fault found on their side. You will not get any response from them through such modes of correspondences hence it is always  that you make a formal notice to the company narrating the events that led to this situation and seek relief from them in a legally valid maner and you can endorse a copy of this to the new employer too so that you can be on the safer side for having explained your position in this regard.
Secure all these records as evidence and then initiate legal process first by issuing a legal notice through your lawyer demanding your rights  and follow it up by a legal case against the management for their non-cooperation as per the provisions of labor law. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
Whatever has happened has already happened and I need co-operation from my previous company and current company to have the issue resolved.But I am not getting any positive response from HR team from my previous company.

At this stage when the previous company manager is not ready to admit his mistake and not cooperating with you to solve your issues, you may, after exhausting the remedies from the top boss of the company, initiate legal process as advised in my previous post which can bring relief and solace to your current crisis. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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