hi there,
i have resigned from an indian company serving 10days notice period for some personal reason(relocation). i got the relieving letter with no issues.
after one month i asked for final settlement and form 16.
the company is now demanding some documents(visa and passport) saying that you have not relocated.and if you are relocated it is required to submit passport and visa documents to issue the form16. He is now saying that he will send a legal notice if i fail to submit the documents as i did not serve the notice period of 3 months.
In resignation letter i have not mentioned the reason for resignation. I just informed them about relocation orally.
Is it legal to demand some documents from an ex-employee, after formal relieving, to issue form16 and sending a legal notice to pay for not serving the notice period(after one month duration).
Is there any possibility that can proceed legally to get my form16 and final settlement.
From India
i have resigned from an indian company serving 10days notice period for some personal reason(relocation). i got the relieving letter with no issues.
after one month i asked for final settlement and form 16.
the company is now demanding some documents(visa and passport) saying that you have not relocated.and if you are relocated it is required to submit passport and visa documents to issue the form16. He is now saying that he will send a legal notice if i fail to submit the documents as i did not serve the notice period of 3 months.
In resignation letter i have not mentioned the reason for resignation. I just informed them about relocation orally.
Is it legal to demand some documents from an ex-employee, after formal relieving, to issue form16 and sending a legal notice to pay for not serving the notice period(after one month duration).
Is there any possibility that can proceed legally to get my form16 and final settlement.
From India
Hi Krish boy
Notice period is always to give proper time to the employer so it can find out a suitable replacement.
In india every citizen is free to do any work or not to do any work. An employee can resign at any time from his present employement and choose another job or any profession.
In fact issuing hte Form 16 is the legal obligation on employers part. In case you did not get any Form 16 and tax is deducted plz report your problem to Income Tax department.
Only certain amt. As per the terms and condition of ur employment can be deducted from your full and Final settelement. But no leagal acton can be taken against you. In fact you can take legal action in case you did not receive Form 16 for tax deducted
From India, Mumbai
2Notice period is always to give proper time to the employer so it can find out a suitable replacement.
In india every citizen is free to do any work or not to do any work. An employee can resign at any time from his present employement and choose another job or any profession.
In fact issuing hte Form 16 is the legal obligation on employers part. In case you did not get any Form 16 and tax is deducted plz report your problem to Income Tax department.
Only certain amt. As per the terms and condition of ur employment can be deducted from your full and Final settelement. But no leagal acton can be taken against you. In fact you can take legal action in case you did not receive Form 16 for tax deducted
From India, Mumbai
Greetings,
I second Industrial HR, not sure why is your ex-employer asking for Passport and Visa. Were you under any travel obligation with them ? Why is this being communicated now, rather than at the time of clearance?
Looking forward to hear from you !
Regards,
(Cite Contribution)
From India, Mumbai
I second Industrial HR, not sure why is your ex-employer asking for Passport and Visa. Were you under any travel obligation with them ? Why is this being communicated now, rather than at the time of clearance?
Looking forward to hear from you !
Regards,
(Cite Contribution)
From India, Mumbai
Dear Krish,
After you are relieved from your services no employee employer relation exists. Company is accountable to release all due or documents pertaining to employment.
We will like to know did your company have computed full and final settlement. Had they recovered the notice pay?
If not they can send legal notice as due amount on you. For Form-16 they are liable to issue, if not you may seek assistance from Income Tax department.
Regarding passport and visa your ex-company has nothing to do. It is advisable to discuss with them and settle the issue. Always keep the door open in corporate.
Kindly update us the same.
From India, Bhubaneswar
After you are relieved from your services no employee employer relation exists. Company is accountable to release all due or documents pertaining to employment.
We will like to know did your company have computed full and final settlement. Had they recovered the notice pay?
If not they can send legal notice as due amount on you. For Form-16 they are liable to issue, if not you may seek assistance from Income Tax department.
Regarding passport and visa your ex-company has nothing to do. It is advisable to discuss with them and settle the issue. Always keep the door open in corporate.
Kindly update us the same.
From India, Bhubaneswar
Hello krishboy,
Like the others advised, Passport & Visa are TOTALLY UNRELATED to your request for Form-16 [even if you were under any travel obligation with them--like (Cite Contribution) mentioned]. Never ever part with those documents.
Like PS DHILLON mentioned, issuing Form-16 is legally binding on any Employer, IF the TDS has been deducted--even if you have not resigned as per rules of the company.
Strictly speaking, you don't need to give any reasons in the Resignation Letter, though it's usually mentioned/practiced for other reasons--propriety being one of them.
And whether you have relocated or not ISN'T any of the concern of the company--unless you aren't telling the full story/background of your case in this Forum.
Rgds,
TS
From India, Hyderabad
Like the others advised, Passport & Visa are TOTALLY UNRELATED to your request for Form-16 [even if you were under any travel obligation with them--like (Cite Contribution) mentioned]. Never ever part with those documents.
Like PS DHILLON mentioned, issuing Form-16 is legally binding on any Employer, IF the TDS has been deducted--even if you have not resigned as per rules of the company.
Strictly speaking, you don't need to give any reasons in the Resignation Letter, though it's usually mentioned/practiced for other reasons--propriety being one of them.
And whether you have relocated or not ISN'T any of the concern of the company--unless you aren't telling the full story/background of your case in this Forum.
Rgds,
TS
From India, Hyderabad
Hi All,
Thanks for your reply..
Let me explain issue in detail:
In my Previous Company they promised that they will give work on advanced technologies but they failed to do fulfill their promises.
Almost six months waited for the good work, later realized to quit the company.
Got offer from other company and I put my resignation.
Orally informed that I will be relocating to AUS to do Business with friends and I got the relieving letter with no issues.
There was three months notice period in my appointment but i served notice period of 10 days .
Have give proper KT and handed over all the documents.
Company replied to my resignation letter saying that “I will be getting final settlement after due calculations”. I have to get 40 days salary in final settlement.
When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will
From India
Thanks for your reply..
Let me explain issue in detail:
In my Previous Company they promised that they will give work on advanced technologies but they failed to do fulfill their promises.
Almost six months waited for the good work, later realized to quit the company.
Got offer from other company and I put my resignation.
Orally informed that I will be relocating to AUS to do Business with friends and I got the relieving letter with no issues.
There was three months notice period in my appointment but i served notice period of 10 days .
Have give proper KT and handed over all the documents.
Company replied to my resignation letter saying that “I will be getting final settlement after due calculations”. I have to get 40 days salary in final settlement.
When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will
From India
When I asked for my final settlement, there replied saying I have resigned on false grounds and working for another company if it’s not true send us the scanned copy of Visa and Passport else Company will be sending legal notice to me for giving wrong information against my resignation.
My doubt is after issuing reliving letter, Can any company send legal to ex-employee notice for not serving notice period to pay three months’ salary ?
Can any company send legal to ex-employee that have resigned on false grounds(no where mentioned in written that I was relocating to AUS )?
Shall I process legally to get my 40 days salary? (My Ex-Company was having less than 20 employees)
Please explain me in detail how to get form-16 from Income tax department?
Thanks for your support!!
Waiting for your reply
From India
My doubt is after issuing reliving letter, Can any company send legal to ex-employee notice for not serving notice period to pay three months’ salary ?
Can any company send legal to ex-employee that have resigned on false grounds(no where mentioned in written that I was relocating to AUS )?
Shall I process legally to get my 40 days salary? (My Ex-Company was having less than 20 employees)
Please explain me in detail how to get form-16 from Income tax department?
Thanks for your support!!
Waiting for your reply
From India
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