Is It Legal for My Ex-Employer to Demand Visa and Passport for Final Settlement? Seeking Advice on Form 16 Issue

Hi there, I have resigned from an Indian company, serving a 10-day notice period for personal reasons (relocation). I received the relieving letter without any issues. After one month, I asked for final settlement and Form 16. The company is now demanding some documents (visa and passport), stating that I have not relocated. They claim that if I have relocated, it is necessary to submit passport and visa documents to issue the Form 16. The company is threatening to send a legal notice if I fail to submit the documents, as I did not serve the required notice period of 3 months.

In my resignation letter, I did not mention the reason for resigning; I only informed them about the relocation verbally. Is it legal for the company to demand documents from an ex-employee after the formal relieving process to issue Form 16 and threaten legal action for not serving the notice period after a month has passed?

Is there a legal recourse available for me to obtain my Form 16 and final settlement without submitting the additional documents being requested by the company?

Please advise.

Notice period is always intended to give proper time to the employer so they can find a suitable replacement. In India, every citizen is free to choose whether to work or not. An employee can resign at any time from their current employment and choose another job or profession.

In fact, issuing Form 16 is a legal obligation on the employer's part. If you did not receive Form 16 and tax was deducted, please report your problem to the Income Tax department.

Only a certain amount, as per the terms and conditions of your employment, can be deducted from your full and final settlement. However, no legal action can be taken against you. In fact, you can take legal action if you did not receive Form 16 for tax deducted.

Regards

I second Industrial HR. I'm not sure why your ex-employer is asking for your 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 hearing from you!

Regards,
Cite Contribution

Dear Krish,

After you are relieved from your services, no employee-employer relationship exists. The company is accountable for releasing all due documents pertaining to employment.

We would like to know if your company has computed the full and final settlement. Have they recovered the notice pay? If not, they can send a legal notice for the due amount to you. For Form-16, they are liable to issue it; if not, you may seek assistance from the Income Tax department.

Regarding your passport and visa, your ex-company has nothing to do with it. It is advisable to discuss with them and settle the issue. Always keep the door open in the corporate world.

Kindly update us on the same.

Regards

As others have advised, Passport and Visa are TOTALLY UNRELATED to your request for Form-16, even if you were under any travel obligation with them—as (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 the company's rules.

Strictly speaking, you don't need to give any reasons in the Resignation Letter, though it's usually mentioned or practiced for other reasons, with propriety being one of them.

Whether you have relocated or not ISN'T any of the company's concern unless you aren't providing the full story or background of your case in this forum.

Regards,
TS

Hi All, Thanks for your reply. Let me explain the issue in detail:

Issue with Previous Company Promises

In my previous company, they promised that they would provide work on advanced technologies, but they failed to fulfill their promises. I waited almost six months for good work and later decided to quit the company. I got an offer from another company and submitted my resignation. I orally informed them that I would be relocating to Australia to do business with friends, and I received the relieving letter without any issues.

There was a three-month notice period in my appointment, but I served a notice period of only 10 days. I provided proper knowledge transfer and handed over all the documents. The company replied to my resignation letter, saying that "I will be getting the final settlement after due calculations." I am supposed to receive 40 days' salary in the final settlement. When I asked for my final settlement, they replied, saying I have resigned on false grounds and am working for another company. They requested that if it's not true, I should send them a scanned copy of my visa and passport, or else the company will...

Regards,

When I asked for my final settlement, they replied saying I have resigned on false grounds and am working for another company. They stated, "If it's not true, send us the scanned copy of your Visa and Passport, else the company will be sending a legal notice to you for providing false information against your resignation."

Legal Concerns After Receiving a Relieving Letter

My doubt is, after issuing a relieving letter, can any company send a legal notice to an ex-employee for not serving the notice period to pay three months' salary? Can any company send a legal notice to an ex-employee who has resigned on false grounds (nowhere mentioned in writing that I was relocating to Australia)?

Seeking Legal Action for Unpaid Salary

Shall I proceed legally to get my 40 days' salary? (My ex-company had less than 20 employees.)

Obtaining Form-16 from the Income Tax Department

Please explain to me in detail how to get Form-16 from the Income Tax Department.

Thanks for your support! Waiting for your reply.