Leaving Without Full Notice: Can Employers Withhold Experience Letters and Freeze PF in India?

Hi,

I worked with the organization for 2 years before leaving. The legal notice period was 30 days, however, I provided only a 7-day notice period, which was rejected via email by HR. I offered to pay salary in lieu of notice, but they did not accept it and insisted on a 30-day notice.

I have several questions:

1. Does an employee need permission from the employer for a short notice period, even if the employee is willing to pay salary in lieu of notice? Is there a clause in the appointment letter stating that for a short notice period, the employee must pay one month's salary?

2. If the company denies the request and the employee leaves, can they withhold the experience letter and relieving letter as per Indian laws if there is no mention of these documents in the appointment letter?

3. Can an employer freeze the Provident Fund (PF) account indefinitely? Is there a way to withdraw PF without transferring it to a new PF account if a new employer has already created one?

4. Can an employer take any action if an employee leaves the organization before completing the full 30-day notice period? If so, what actions could be taken?

5. Is it possible for the employee to never receive an experience letter and relieving letter?

Please help.

1. As per Indian law, the employer can't force an employee to work even for a single day. Nowadays, employers are doing lots of things against the law, like forcing employees to serve the complete notice period, holding salary, relieving letter, and experience letter.

2. Holding a relieving letter and salary is against the law.

3. No one can touch your PF at all. PF is the only thing that is completely yours. Even if you file for bankruptcy or face severe punishment, the government can't take your PF.

4. The company will not do anything. They will send only one letter that will not have any legal importance.

5. It's a tough question. It depends on the HR, but for sure you will get it if you go to the labor court.

At present, I am in the same situation where I have left the company, and the company didn't pay me the last month's salary, experience letter, and relieving letter.

I have sent a legal notice to the employer and am awaiting your reply. If they don't reply and clear my dues, then I am planning to go to court. I am claiming 5 lakhs for mental harassment.