PREVIOUS EMPLOYER NOT PROVIDING FORM 16, EXPERIENCE LETTER AND SALARY
9 months ago
I left my previous company in Feb 2022 and the employer has since not provided me with my Form 16, experience letter, and last month's salary. He gave relieving letter while leaving and stated that an experience letter will be provided in 3 business days and the remaining salary will be done at the time of FNF (AFTER 45 DAYS). After asking numerous times in phone calls and emails he still hasn't provided any of it.
Now while applying for a home loan, I need to submit my Form 16 and experience letter to the bank and my previous employer is denying to provide me both documents stating that the Form 16 for the previous year (2021-2022) can't be generated now I agreed to not receive the experience at the time of FNF, which is completely false.
A.Dear Client,
Once the employer accepted your resignation and issued relieving letter to you, the employer is duty-bound to issue you a service/experience certificate to an ex-employee along with the payment of F & F Settlement of dues. As regards Form 16, once the data is uploaded quaterly by the employer to CBDT, they may provide you the reference of the Quarterly Report based on which you may downloade the Form 16 Incom Tax official website. But, withholding of Experience letter and salary for no valid reason amounted to unfair labour practice on the part of Employer. So, in the prevailing situation, you need to serve a legal notice to your ex-employer and file a complaint before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
Once the employer accepted your resignation and issued relieving letter to you, the employer is duty-bound to issue you a service/experience certificate to an ex-employee along with the payment of F & F Settlement of dues. As regards Form 16, once the data is uploaded quaterly by the employer to CBDT, they may provide you the reference of the Quarterly Report based on which you may downloade the Form 16 Incom Tax official website. But, withholding of Experience letter and salary for no valid reason amounted to unfair labour practice on the part of Employer. So, in the prevailing situation, you need to serve a legal notice to your ex-employer and file a complaint before the concerned Labour Commissioner for redressal of your grievance failing which you are required to file an application under Sec.33C(2) of the I D Act before the concerned Labour Court claiming entire dues from the employer. In case, you need any assistance in this regard you may contact our legal team along with all the relevant papers.
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A.Dear client,
If your previous employer has failed to provide you with the requested documents, you may consider taking the following steps:
Written communication: Send a formal written request to your previous employer, clearly stating your need for the Form 16, experience letter, and last month's salary. Keep a record of all correspondence, including emails and any responses received.
Reminder and escalation: If you do not receive a satisfactory response or the documents within a reasonable timeframe, send a reminder to your employer, emphasizing the importance and urgency of the documents. You may also consider escalating the matter to a higher authority within the company, such as the HR department or senior management.
Legal recourse: If your employer continues to deny providing the necessary documents despite your efforts, you may consider seeking legal recourse. Consult with a labor lawyer who can guide you on the appropriate legal steps to take, such as filing a complaint with the labor authorities or initiating legal proceedings to enforce your rights.
If your previous employer has failed to provide you with the requested documents, you may consider taking the following steps:
Written communication: Send a formal written request to your previous employer, clearly stating your need for the Form 16, experience letter, and last month's salary. Keep a record of all correspondence, including emails and any responses received.
Reminder and escalation: If you do not receive a satisfactory response or the documents within a reasonable timeframe, send a reminder to your employer, emphasizing the importance and urgency of the documents. You may also consider escalating the matter to a higher authority within the company, such as the HR department or senior management.
Legal recourse: If your employer continues to deny providing the necessary documents despite your efforts, you may consider seeking legal recourse. Consult with a labor lawyer who can guide you on the appropriate legal steps to take, such as filing a complaint with the labor authorities or initiating legal proceedings to enforce your rights.
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