• HR is asking for Form-16 & bank statement, which I wasn't able to get

Dear Sir/Madam,

I am an Electronic engineer., After my B.Tech i looking job ., Got  job ., ( 1st Company// ) Worked free from 6-month., Then They said work full time., they paying 8k for 6-month by handsalary and later increased to 12k handsalary after a year they opened a account and paying me 16.5k but that time ., i got job in other company job( @Indiranagar 2nd Company) and served 2-months notice period( 2-months they didn't give salary) .,  I was not knowing anything about IT & TDS ( Form-16) as my salary less than 1.5Lak.., They Gave Experience letter for 1.1-Year & 3-Month Payslip..
with that i joined ( 2nd company @ Indiranagar) .. Now i got New Job in ( MNC Company )
For Back-Ground Verification they called ( 1st Company//) .,But HR in( MNC Company ) said, We couldn't able to get connected to ( 1st Company ) .,

So I went to (1st Company )and came to know Management changed., I took they Numbers and Forwarded to HR ( MNC Company ) .. HR called( 1st Company ) and they said He was working etc..,

But HR ( MNC Company ) wanted Bank-Statement & Form-16 ( My Salary Less than 1.5Lak )., And that Account is Closed Itseems ( 3-Years Back ) and I have 3-Month Payslip of ( 1st Company )., Which i Submitted.. ( 1st Company Management is Changed ) 
i don't know will they be maintaining old records., I tryed getting Account statement online- Its coming Declined.,

I said , all this to my 1st company.,   They said, We can write and give or Speak to HR ( MNC Company )., But they are not ready for all this., HR is telling Needed Form-16 & Bank-statement..

Plz Suggest..?
Asked 6 years ago in Labour

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14 Answers

Hello,

It is a matter between two companies and have to be resolved mutually thereupon. Form 16 is a certificate from your employer. It certifies that TDS has been deducted on your salary by the employer.

It does not matter that you come in the tax slab or not the employer can deduct TDS. Note: It might be the case that the previous company is not at all deducting TDS and it is not mandatory for all the companies to deduct TDS.

Regards

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

Dear friend,

We have to issue a legal notice to first company calling upon them to furnish form no.16 etc. They are bound maintain and handed over to new company. Please call me for further guidance.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

Seems they are suspicious about your employment background, hence insisting for such documents. At-least bank statement should help. Normally, even in case of negligible salary, a registered company shall transfer only to the employees bank a/c. Therefore, the company insisting for bank statement is justified. However, you need to convince that it has been paid through DD and try to show a bank account atleast which you used to credit.

Rajaganapathy Ganesan
Advocate, Chennai
2132 Answers
8 Consultations

4.9 on 5.0

Since you was getting salary through cash so that might not to reflect in your account even if you have the bank detail and similar is the for 16.

Now days form 16 is available on line from NSDL site but the details will only be in form if any detail under your PAN is submitted through the return of TDs which is not there.

Your company want to know that the details you provided is correct about your salary and work. Although these documents are very personal and can be asked when you go for financing but if you are in job and could not provide the forms please try to console the department through your manager . Hope this may work as I know these HR people.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Express your inability to produce form 16 and bank statement

You have already produced experience letter that proves you were employed for over a year with first company

Bank can furnish account statement for closed accounts as records are maintained by the bank

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

1) You can visit previous company and request them to provide Form 16 and any how if you visit bank branch you will get last 10 years bank account statement by paying nominal fees or it may be free of cost.

2) HR changed no problem, books of accounts are not changed and each company creates Form 16 of each employee.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

You can write to your previous company and place a request for that.

Send the communication by registered post.

You can take legal steps if you fail to invoke response to your efforts

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

You can send your earlier company a legal notice and seek those documents. Still if you don't get you can show that notice to your present company and substantiate your point that you have taken effort in good faith to secure the said details.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

If management wants to terminate your services they would ha e to pay you compensation as per appointment letter

The documents in your possession are sufficient to prove your earlier employment

Ajay Sethi
Advocate, Mumbai
94734 Answers
7539 Consultations

5.0 on 5.0

Please contact me by taking my phone number from the administrators of this web site.

Kishan Dutt Kalaskar
Advocate, Bangalore
6136 Answers
487 Consultations

4.8 on 5.0

if the present employer is trying to find any reason to terminate you, you may better be careful about this situation and do not let out any other reason to enable them to terminate your services.

However, in the event of the employer is trying to issue termination letter without any valid reason, you may drag him to court seeking justice and reinstatement

T Kalaiselvan
Advocate, Vellore
84934 Answers
2197 Consultations

5.0 on 5.0

Form 16 (or salary certificate in layman’s language) is a certificate issued by an employer to all his employees for a particular financial year at the end of the said year reflecting the total salary paid and amount of tax deducted (‘TDS’) during the year. This is the amount that the employer deducts from your salary as tax periodically and credits it to the I-T department.

Your present company is trying to verifying you from your earlier worked company , that your TDS is updated or not etc. and further your details provided by you.

If, possible you should request earlier company after visiting personally to provide correct details of TDS etc .

You should not take tension for termination from your job due to these formalities carried by your present company.

Without any cause they cannot terminate you from the job if you have provided correct information.

Good luck

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1) Tell HR that your are tell them all truth and provide what documents you have and explain them all facts of 1st Company that management has been changed so you could not provide them all papers and Form 16 details.

you can give them your Bank statement and show all entries in the saving account of salary.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Don't worry they can terminate you illegally like this. If they terminate you you can approach labour court for unlawful labour practice and illegal termination.

Prashant Nayak
Advocate, Mumbai
31954 Answers
179 Consultations

4.1 on 5.0

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