Community › Forums › Legal Advice India › Help needed with Switching Companies
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User_c9dbc4cf.
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UUser_5b143dbd
PARTICIPANT
February 20, 2025 at 5:51 amHey, I’m a designer with a degree in design. After 6 months of not being able to procure a job anywhere after my last Internship, I decided to join the first job I found, which was a BPO. Everything went smoothly, except even after 2 weeks I wasn’t being called to the Office and was notified that my on-boarding was cancelled due to some error. I thought that was it and decided to look for another company, when I found a paid Internship in Design field. I jumped at the opportunity and joined
Now my joining for the new company is 21st Feb 2025, however I notified my previous company that I’ll be leaving due to personal reasons and they’re asking me to either serve a 90 day notice period or settle that with a buyout. Being a fresher, I don’t wanna lose the opportunity in the new company by serving a Notice period and I don’t have the kind of money to pay my way out.
I don’t mind not having an experience or relieving letter from the previous company, nor do I plan on mentioning it in my future experiences. But the HR claimed that if I fail to comply with either notice period options, I will be terminated and a F&F n PF will be generated and I won’t be able to work in another company for next 2 months and if I do there’ll be a clash in my PF account
And I’d have to mention my termination at the last company.Considering I’ve already joined the new company, what should I do?
I joined the previous company on 4th Feb, 2025 and wouldn’t mind losing any of the payments
As long as it doesn’t cause any problems in future employment opportunities.How serious is it?
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UUser_c9dbc4cf
PARTICIPANT
February 20, 2025 at 9:55 amWell it is going to be very difficult if your PF gets clashed. So let your previous employer know that your onboarding was cancelled by them and not by you and it was their mistake that they did not comply with verification of your profile before making you work for them in the first place. Tell them to consider the last date in their company as the date that you joined the new company. If they don’t agree press charges that they were the one who forced you to resign because of the error in the onboarding. If they don’t agree you will have to talk to the new employer to stop crediting your account with their salary in it. I am not sure if internships have PF included if they don’t you don’t have to worry. Also let your previous employer know that you are leaving without notice. You can select your end date in epf and ur employer has to blacklist you which will stop you from entering their company again.-
UUser_5b143dbd
OP
February 20, 2025 at 10:16 amThanks for the reply
What would be the difficulties if the PF gets clashed? Because I’m pretty sure they won’t acknowledge their fault in the on-boarding process and I’m not looking to get into a legal matter because I’m technically absconding.
Also can I just explain the situation to my new company, if found out because I don’t wanna risk losing such a great opportunity by being upfront about a stupid mess up.-
UUser_c9dbc4cf
PARTICIPANT
February 20, 2025 at 10:34 amIf you still have access to your previous employer data then check for policy when the BGV fails. It is clearly their fault that they have made you leave in the first place. The only fault of yours is that you did not take a formal approach. If you have had the papers dropped they would have pushed you on to the bench and made you leave without serving notice period. Does the current internship offer PF? If yes then you will have to explain the situation to the current HR as well and make a deal with your previous HR, negotiate a deal if they ask you to pay 20k for leaving without notice period. You make it 5 and give the reason that they have made you leave because of their incompetence… She will come to 10 or 15k… Accept the offer and leave. If the current internship does not offer PF then you will be good. Evaluate how big the previous employer company is and wait until you get a legal notice for leaving without notice. Hire a lawyer and settle the matter.
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