Hello everyone,
I was working as a software engr in a corporate office in Bangalore for 3.6 yrs. After that I have switched to another company and I have worked there for only 1.5 months and I quit the second company due to some personal reasons.
As per appointment letter given in my second company at the time of joining, the notice period is 2 weeks or monthly gross pay in lieu for probationers. But I have resigned and did not serve for the entire notice period( I have served only for 4 days).
In a discussion with the HR manager on my last day in the second company, they have threatened me like they will take legal action as I didn't serve the notice period fully and they will treat this as unprofessional exit and they wont give any relieving letter and all.I have told them clearly that I am ready to compensate for the rest 10 days notice period.But both the reporting manager and the HR manager didn't agree on this and they have asked to compensate with 2 Lakhs of rupees which is equivalent my 4 months gross and they have refused to give all the required documents if I failed to do so. So I had handed over my ID card and other stuffs and I left the company since my resignation was not accepted and I had no choice but to leave the company..
Now I am planning to join a new Company. As my second employer is not clearing relieving letter,PF withdrawal form, Form 16 etc. I cant show the service in my second company to my new employer .Moreover, I have already requested to transfer the PF amount from my previous employer to the second company's PF account.
I would greatly appreciate if you could clarify me on the following:
1. What kind of legal action that my second employer could take in terms of not serving the entire the notice period as I had informed about my exit from the company & technically wasn't absconding..
3. Can I transfer the PF amount from the second employer to my new company without any attestation from my second employer and how.In case if it is not possible shall I withdraw the PF and how.
4. Will there be any problem come at the time of IT computation for this year, as my second employer refused to give form 16.How I could file a income tax return, if I do not have Form 16.
Thanks & Regards
Muthuraman
From India
I was working as a software engr in a corporate office in Bangalore for 3.6 yrs. After that I have switched to another company and I have worked there for only 1.5 months and I quit the second company due to some personal reasons.
As per appointment letter given in my second company at the time of joining, the notice period is 2 weeks or monthly gross pay in lieu for probationers. But I have resigned and did not serve for the entire notice period( I have served only for 4 days).
In a discussion with the HR manager on my last day in the second company, they have threatened me like they will take legal action as I didn't serve the notice period fully and they will treat this as unprofessional exit and they wont give any relieving letter and all.I have told them clearly that I am ready to compensate for the rest 10 days notice period.But both the reporting manager and the HR manager didn't agree on this and they have asked to compensate with 2 Lakhs of rupees which is equivalent my 4 months gross and they have refused to give all the required documents if I failed to do so. So I had handed over my ID card and other stuffs and I left the company since my resignation was not accepted and I had no choice but to leave the company..
Now I am planning to join a new Company. As my second employer is not clearing relieving letter,PF withdrawal form, Form 16 etc. I cant show the service in my second company to my new employer .Moreover, I have already requested to transfer the PF amount from my previous employer to the second company's PF account.
I would greatly appreciate if you could clarify me on the following:
1. What kind of legal action that my second employer could take in terms of not serving the entire the notice period as I had informed about my exit from the company & technically wasn't absconding..
3. Can I transfer the PF amount from the second employer to my new company without any attestation from my second employer and how.In case if it is not possible shall I withdraw the PF and how.
4. Will there be any problem come at the time of IT computation for this year, as my second employer refused to give form 16.How I could file a income tax return, if I do not have Form 16.
Thanks & Regards
Muthuraman
From India
I have gone through your query. Iam of the following opinion
Regarding your query.1
The second employer may issue you a legal notice initiating legal action against you pertaining to breach of contract it all depends upon only due course of time and you have to be in a position to defend the same.
Regarding your query .2
You have to apply in Form-13(R) through the new employer at the EPF Office from which transfer is sought clearly stating new and Old EPF Numbers. You have to obtain new EPF Number from your new Employer. The new EPF Number will be allotted by New Employer. For PF withdrawal get the sign of gazetted officers in the PF Form and you can fwd the same to the pf office.
Regarding your query.3
You have a legal right to receive the Form16A form the second employer. For filling ITR with dept , you should need to have your salary breakup and the amount of TDS which the employer have deducted. Moreover no document need to be attached while filing income tax return , since the new income tax return forms are Annexure-less. So, it is not necessary the original, nor the photocopy of your Form 16A is required to file along with your income tax return.
You have to fill some details of Form 16A such as employer TAN, income earned as professional, and tax deducted at source in your ITR form.
I am lawyer@chennai
From India, Madras
Regarding your query.1
The second employer may issue you a legal notice initiating legal action against you pertaining to breach of contract it all depends upon only due course of time and you have to be in a position to defend the same.
Regarding your query .2
You have to apply in Form-13(R) through the new employer at the EPF Office from which transfer is sought clearly stating new and Old EPF Numbers. You have to obtain new EPF Number from your new Employer. The new EPF Number will be allotted by New Employer. For PF withdrawal get the sign of gazetted officers in the PF Form and you can fwd the same to the pf office.
Regarding your query.3
You have a legal right to receive the Form16A form the second employer. For filling ITR with dept , you should need to have your salary breakup and the amount of TDS which the employer have deducted. Moreover no document need to be attached while filing income tax return , since the new income tax return forms are Annexure-less. So, it is not necessary the original, nor the photocopy of your Form 16A is required to file along with your income tax return.
You have to fill some details of Form 16A such as employer TAN, income earned as professional, and tax deducted at source in your ITR form.
I am lawyer@chennai
From India, Madras
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