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 in Labour from Chandigarh, Punjab
3.question unclear.Pls. elaborate it. Feel free to call.
Advocate, New Delhi
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.
Thanks much for your response. This brings great relief to me as I can get this done legally.
I have few more queries:
1. What is the probability of winning this case?
2. How much this would cost to me (approx.)?
3. They have not given my salary for the 40 days period (during resignation period approx Rs 40,000). How much damage I can claim, for the money and mental harassment?
4 Currently I am working in Bangalore. Previous company was in Chandigarh. Can I file a case in Bangalore/or can I get this case transferred after filing it in Chandigarh?
5. Will this case have any kind of negative impact on my carrier?
6. Where I can file the case (in which court)?
Thanks in advance.
Asked 3 years ago