Join the new company after sending resignation by registered post. 

Write to the company to confirm deposit of PF stating you will take legal action for not depositing the same. 

Note for you: non deposit of PF is a criminal offence. You can write this  to them also if you think this will fit  with reference to your relationship with your company personnel. 

Write them to issue Form 16 . Inform to Income tax authorities if not issued. 

After joining demand for your final payments. And take legal recourse if not settled by them.

Contact here for further advice. 

You cannot be forced to serve the notice period as there is no such clause in your appointment letter 

2) your employer to harass you may not give experience letter, release letter. 

3) seek extension of time for joining .serve one month notice period 

Hello,

1. If the company has introduced 1 month notice period subsequent to your appointment and notified the same to you,it will be binding on you regardless of the fact that it has no mention in the appointment letter.
2. The company cannot withhold  your full and final settlement and refuse to  give you release letter, experience letter. At the most it can deduct one month's basic salary in lieu of the notice. In your resignation you can clearly ask the employer to adjust your un-availed leaves against notice period.
3. If the employer raises any hindrances you can raise all these in the legal notice that you will issue to them. 
4. You can demand the form 16 to be issued in an email and upon failure on their part get a legal notice issued.
5. You may take your new employer into confidence regarding the possible delay in getting the relieving letter and experience letter from the existing employer, so that you will get time to deal with the current employer legally.

1. Have you tendered your resignation letter in writing and obtained an acknowledgment for that?

If not then you send a confirmation letter in writing stating that you have already sent the resignation by email on so and so date and you have not got the relieving letter besides the F&F settlement has not been made.  You may also mention that 'it is pertinent to mention that there is no clause in the conditions of the employment offer letter to serve any notice period on resignation'and that the present change of rules making it mandatory for the employees to serve one month notice period is not applicable to you because the original employment appointment letter do not have any such conditions and it is not applicable to your case.

2. You should first discontinue the habit of corresponding through emails with your employer because  they cannot be produced as evidence before court of law in case of dispute in the labor court in this connection, instead you can approach an advocate and send a legal notice by registered post.

3. You can approach Commissioner of PF for getting your grievances redressed in this regard.

4. You can submit it.

1. Did you send your objections in email to the introduction of 1 month notice period? Unless you objected to the introduction of it and communicated to your employer through email or otherwise that you do not consent to the notice period so introduced by it, you are bound to obey the notice period. Silence can be treated as an acceptance in many cases, and in this case it has to be treated as an acceptance.

2. Nothing stops the employer from introducing a notice period or any other condition which is not present in the contract with the employee. If the employee does not send his objections to the employer qua the same, it is treated as an acceptance.

3. You are bound to serve the notice period unless your employer decides to waive it in part or entirety or allows you to purchase it.

Dear Sir,

My answers are as follows:

1.     Can my company force me to serve the notice period even though my appointment letter states there is no notice period.

Ans: They cannot force you to serve notice period.  

2.     If I send a new email resignation to my current employer stating that I am resigning effective immediately, can my current employer stop my full and final settlement and not give me release letter, experience letter?

Ans: The employer may stop full and final settlement and may not issue release letter and experience letter.  

3.     I had raised the issue of PF not being deposited and the reply I got from one of the HR was "Ho Jayega".

Ans: You insist for deposit of PF by the HR.  

4.     My current company has also not provided form16 for me to submit my ITR.

Ans: It can be taken at later stage only.  

5.     Please advice as to what can and I can't do as I have to join my new employer on 19th November 2020.

Ans: Just join the new company and smartly take some leave and also try to get your terminal benefits from the old company or request the new company to extend the date.

Hello,

1. No, the company cannot refuse to pay your FnF or withhold your relieving/experience letter. However, despite taking all the steps if they still do not comply by your request, then you must get a Legal Notice issued to them.
2. If they do not comply by the request, the same must be notified through the Legal Notice and you can complain to the PF Commissioner.
3. No, the company cannot take any legal step. At the most the company can get a Notice sent to you seeking compensation or demand to pay in lieu of the notice or withhold payments temporarily. You have your remedies available.

To harass you company may refuse to give you experience letter , release letter and FNF 

2) if company has failed to deposit PF money you can issue legal notice to do so 

3) complaint to regional provident fund commissioner against company 

4) return the laptop and obtain acknowledgment of receipt from company 

1. If the company is taking a stand to harass or torture you by inordinately delaying the settlement or deliberately denying the issue of experience certificate and other issues,  you may approach labor court for remedy 

.

3. If you have handled the issues legally then you need not be worried about whatever action they may intend take on you. 

You can consult a local advocate and proceed legally as suggested if necessary.