Hello Sir,
I was serving for a public limited company for about 2 years and 8 months. I got a good offer from another consulting firm hence i submitted my resignation to senctioning officer stating my last date in the organization for a duration of 10 days saying i am ready to pay amount in lieu of my 3 months notice period. He refuse to accept my resignation with the last date and asked me to remove the same. so i removed the last date and put wording "as soon as possible with ready to pay amount in lieu of the notice period." and took his sign on the duplicate. In my appointment letter it was mentioned that "if company wants to terminate the employement, company has to give 3 months notice or salary in lieu of" while if employee wants to terminate the employement "he should give 3 months notice to which company on its sole discrition can reduce the period".
I waited for some days but my transfer of responsibility process didnot started so i wrote mail to start the same as soon as possible and still the same did not started. After some days i lef the company without serving the remaining notice period and later sent them mail that i will not come back to duties since i've joined another company. I also called my superior and HR for the final settlement and any payment from my side but they did not respond.
After 3 Months i again called the HR for final settlement and he asked me to come personally for the same. In my personal discussion with HR, he calcualted my Payable as about 85K (for my short notice period) and receivable (my Balance PL encashment, notice period salary and Bonus) as about 51K. so i told him that i am willing to pay difference i.e. 85 - 51 = 34K. HR did ask for the interest on the money @ 12% that i also agreed. but after that he is saying that there will be penalty also for the short notice and i have to pay 85K (gross salary of my short notice period without deducting my earning i.e. 51K) for the final settlement which is not agreeable on my part as i feel it is too excessive. I asked him to give me the detailed calculation for my final settlement in writting which he denied. so i also intimate him to give me the same through SMS and email but after a week still got no reply.
I have also asked for the resignation acceptance letter and Form 16 from company which they have not given me so far. In absence of my Form 16 i am also unable to file my income tax returns. They are not releasing these documents before the final settlement. My experience letter and relieving letter is also pending bcoz of final settlement.
Kindly advise me on above matter on how i should go ahead.
Thanks
