Stuck Without Experience Letter and Form 16 After Service Bond: What Are My Legal Options?

In my first job, I signed a service bond for 3 years or pay 1.5 Lakhs (in Nov 2016). I resigned from the position and asked for relaxation in the amount, but they were adamant about the money. From the day I resigned, I served a notice period of about 80 days and then I left (in May 2018). Now I want the Form 16 and experience letter from the organization. However, even after several emails, they are not replying. Can I follow any legal procedure? Is it wrong to ask for those documents?

Form 16 and Employer Obligations

Form 16 is the statement of Tax Deducted at Source (TDS) by the employer. As per the Income Tax Act, the employer is bound to issue it before 31st May every year. If the employer fails to issue Form 16, send a notice to them with a copy to the Income Tax department. Soon you will get the Form 16.

Service Certificate Issuance

As regards the Service Certificate, there is no such compelling provision, though the employer has to issue it.

Instead of Form 16, take out Form 26AS. All details are there in Form 26AS. Getting an experience certificate is a bit tricky. You have to file a case against them; then they might claim you have not followed the bond. You can argue that bonds are not legal in India.

First, send a legal notice. If they do not reply, then call them for a civil suit.