How Can We Legally Address My Sister's Employer Withholding Exit Papers and Forcing Dual Employment?

Hello, My sister's employer is not providing the exit papers (experience letter and relieving letter) and is asking her to sign a legal document forcing her to work in parallel with another organization where she has newly joined. She worked with them for a few years, and they were mentally harassing her—overworking her, paying her less, taking advantage of the COVID scenario, and so on. She has served the entire notice period and completed all the project responsibilities they asked of her. The new employer hired her for a new job with the condition of submitting the papers as soon as possible.

She does not want to maintain any working relationship with her previous employer. Due to her good work, they did not allow her to switch jobs in the past and are now demanding she sign a legal document to work with them; otherwise, they will not release the exit papers. She has been requesting the papers for almost two months now. What legal actions can we take to address this situation?

Thank you.

Resignation and Exit Papers

I think your sister is not in the 'workwoman' category. Has her resignation been accepted? Has she obtained any acknowledgment after submitting the resignation letter? If she can prove the submission of the resignation letter and has completed the required notice period since then, there is a bright chance of obtaining exit papers.

Steps to Obtain Exit Papers

Issue a final request letter (obtain acknowledgment) to the concerned parties both by email and letter, giving them only 7 days to respond. If they still do not provide the papers, you should consult an advocate to arrange a legal notice of only 15 days. You do not need to stop working until you have the papers. Don't forget to surrender the company's properties and obtain a no-due certificate after handing over.

Legal Actions for Obtaining Exit Papers

1. Your daughter can serve him a legal notice through a lawyer to release the necessary documents along with any outstanding dues, if any, along with the interest.

2. If payment is not made despite the service of the legal notice, she can file a case under the relevant provision/law.

3. She can also make a claim for compensation on account of mental harassment, pain, agony, etc.