• Employer is not giving relieving letter/form 16

Hi,
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 2 years ago in Labour from Chandigarh, Punjab
1. No.
2.Yes.
3.question unclear.Pls. elaborate  it. Feel free to call.
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
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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
12143 Answers
233 Consultations
5.0 on 5.0

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