1. #1
    Unregistered

    Legal issues about joining the new company before leaving old company

    I have given resignation from my company and it will be accepted within a month. But I joined the new company before the notice period is completed. My date of leaving is later than date of joining in new company. I want to know if I have to face any legal issue in transferring PF amount.

  2. #2
    Ashok Array
    Join Date
    Jul 2012
    Posts
    2,293

    Re: Legal issues about joining the new company before leaving old company

    Quote Originally Posted by Unregistered View Post
    I have given resignation from my company and it will be accepted within a month. But I joined the new company before the notice period is completed. My date of leaving is later than date of joining in new company. I want to know if I have to face any legal issue in transferring PF amount.
    Dear Aspirant,

    You should follow the legal procedure to join a new job.When you were working somewhere you are required to first get your resignation accepted as per the terms & conditions of the appointment.In your case the way of leaving the previous job & joining the new job is not proper.In this case you will have problem for settlement of PF account & at the same time you can not show your experience certificate any where.

    So you are advised to leave the previous job first & then to join new job.

    You can change the resignation date now itslf by a writing a amended resignation letter to the manager HR.Just write on ground of personal reason I submit my resignation with effect from------date----instead of the previous date.

    Thanks & good luck.

    Ashok

  3. #3
    marigold Array
    Join Date
    Oct 2012
    Posts
    83

    Re: Legal issues about joining the new company before leaving old company

    Hi friend

    I think you should complete your notice period before joining the new job and should see to it that you complete all the formalities before leaving the company so that you dont have to face any legalities later on..
    Tell your current manager about your problem that you want to join a new job so will not be able to complete your notice period but will do as much as you can..Tell himm the new opportunity is very good for your future and you dont want to leave it..Plead him to decrease your notice period and that you are ready to even pay compensation if required..

    But you dont do anything that will leave a bad mark on your reputation..Good luck friend

  4. #4
    Madhu M Array
    Join Date
    Sep 2012
    Posts
    685

    Re: Legal issues about joining the new company before leaving old company

    Hi friend. If you join the new company before serving your complete notice period in your previous company then you certainly will face trouble in the transfer of your PF amount . The previous company can withhold your PF amount and will not give you until you complete your notice period. So its better that you do complete all the formalities before joining the new job and complete all the necessary formalities so that you can get your experience letter as well as be able to transfer your PF easily without getting into any trouble.

    So go the office of your new company and talk to them that they should let you first complete your full notice period in the previous company and extend your joining date for the same..In this you will get your experience letter which they will require plus also you will have no problem in transferring your PF amount. Request them to extend your joining date as required . I hope they will consider your case and do the necessary to help you. Also tell them otherwise you will get into legal trouble and also this may leave a negative mark on your resume. So please they should help you as you really want to join their company and you will surely give your best to their work once you join and leave no effort in taking their company to further heights..

    I am sure they will listen to you and you will get out of this mess .. Good luck friend

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