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Employer not giving form 16 of last year due to short notice period

Baba Agarwal
Greenhorn

Joined: Feb 23, 2005
Posts: 7
I left my employer last year in may with a very short notice period,after that I switched one more organisation
last year when I asked my employer whom I left with a short notice period asked about my form 16(2003-04) to file
IT return ,they said you left without notice period so you clearance is must otherwise we would not give you form 16.
So I did not took up matter further and stopped communicating with them ,due to which I could not file my IT return.

Now again I want file my IT return with this year return ,they are threatening me that you can not be on rolls of two company
and we would tell this thing to your present employer(though probably they don't about my present employer),and they are also saying me to pay notice period salary.
they are also threatening for bad consquences

What should I do ? please suggest.

I am in India.
Jeroen Wenting
Ranch Hand

Joined: Oct 12, 2000
Posts: 5093
Contact the tax inspectorate and explain the situation. Tell them your previous employer refuses to file the proper forms.
They should already have noticed them not paying their part in your taxes I guess so they should be able to verify you indeed no longer work there, and bring the full power of the law onto that company.
You may also want to turn to your current employer and get them involved as well.


42
peter wooster
Ranch Hand

Joined: Jun 13, 2004
Posts: 1033
That kind of behaviour on the part of an employer is illegal in Canada and the US. I suspect its also illegal in any country with a British legal heritage, which includes India.

Companies are required to file all the tax papers with the government before the date when the taxes are due. They are required to provide a copy to the employee as well. The fines usually increase with time.
Kj Reddy
Ranch Hand

Joined: Sep 20, 2003
Posts: 1704
We need to pay the notice period money, if we dont give enough notice period. When we pay the notice period they are supposed to give all the documents(Form 16, Releiving letter etc.,)If they dont give then you can take a legal action on them. I guess you wont be in their payroll as you already left 1 year back. And do you have proof that you resigned from their company?(like resignation letter). If you have proof they cant do anything
Baba Agarwal
Greenhorn

Joined: Feb 23, 2005
Posts: 7
Hi Jagdish:

I sent my regsignation by mail ,but I don't think I have copy of that mail .Can they take any legal action on me?
If yes then I would like to pay notice period money and get rid of them .

please suggest.
Kj Reddy
Ranch Hand

Joined: Sep 20, 2003
Posts: 1704
Still now I didnt see any company taking legal actions in such situations. But if they really want to take legal action they can, but normally wont happen like that, and they cant spend time on such issues. If you need Form 16 you better to get rid of from them by paying notice period.

I feel its our responsibility to pay notice period when we give less notice time.
Baba Agarwal
Greenhorn

Joined: Feb 23, 2005
Posts: 7
Jagdish:
ok,whether they would aggre to give other documents too (i.e. relieving letter ,service exp. certificate) if I pay notice period amount to them ?
I would like to get relieving letter too,otherwise it would be weak point on my side always.
Kj Reddy
Ranch Hand

Joined: Sep 20, 2003
Posts: 1704
When we finish all the formalities from our side, they are supposed to complete the formalities from their side. Discuss with them that you are ready to pay notice period and you want exp certificate, releiving letter and form 16. Yeah better to have exp and relieving letters from every company. Now a days most of companies stressing for exp letters from all your previous employers.
 
I agree. Here's the link: http://aspose.com/file-tools
 
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