• Employer is not giving relieving letter/form 16

I joined an organisation in 2008. At the time of joining the tenure of notice period is 1 month and there were no clauses like 'an employee can not join the client with in 18 months of leaving the organisation'. Soon after 2 years i.e. in 2010 few months before i left, the organisation issues a new appointment letter and they forced us to accept that appointment letter. They have increased the tenure of resignation period from 1 month to 2 months and they have added clauses like 'an employee can not join the client with in 18 months of leaving the organisation'. 
In 2010 I got an offer from the company for which this organisation was working as a vendor. After getting the offer I resigned from my that time current organisation and I requested them to relieve me in 40 days as I have 20 paid annual leaves with me. Nobody responded on my resignation letter despite of several reminders. And on 40th day when I spoke to the HR, they were ready to relieve but they wanted me to sign an affidavit which states that I will not join a 'particular company' after getting relieved. I refused to sign that affidavit. I sent an e-mail from my company e-mail address that I have submitted assets with me to HR and I am leaving.
Now they are not giving me my experience letter/relieving letter/form 16 despite of many written e-mail requests.

My questions are:
1. Can an employer refuse to provide relieving letter/experience letter in such case?
2. Can I file a legal case on the employer to get these documents?
3. Can an employer says that I was absconded in my background verification done by other companies/embassy?
Asked 4 years ago in Labour from Chandigarh, Punjab
1. No.
3.question unclear.Pls. elaborate  it. Feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations

4.7 on 5.0

1. No they can not but there are plenty of instances where they do so,

2. Yes, certainly, with damage claim,

3. They normally say so to make a case. Hope, you have resigend properly & kept adequate documents to prove that the Company has received your resignation letter.
Krishna Kishore Ganguly
Advocate, Kolkata
18547 Answers
449 Consultations

5.0 on 5.0

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