I was working for an IT company. My appointment letter has mentioned the following regarding the service termination:
"On resigning from the services of XXXX Software Pvt.Ltd., the employee is required to give two month's notice. In case of a shortfall of notice period, the relieving date shall be the prerogative of the company, and shall be within the notice period. Further, the company reserves the right to recover an amount equivalent to the consolidated salary for the number of days of shortfall and with hold his/her relieving letter/certificates."
I put my resignation on 12th July 2010 and requested them to release me on or before 12th Aug 2010. I was ready to pay the amount which was required for the shortfall in the notice period.
On my resignation they replied to me that my notice period has been of 3 months and they cannot release me before the completion of 3 months notice period. It was shocking for me to know that my notice period was 3 months.
My new company was ready to let me join without the relieving letter. So I sent a mail to my previous company on 23rd July 2010 to treat that day as my last working day and I joined the new company on 26th July 2010.
I have not yet got any response to repeated request to the old company to settle all my dues as per the condition mentioned in the appointment letter. I did not even get the July month’s salary for 23 days. They owe my money even they deduct the money for the shortfall.
Please let me know how I can get my money and relieving letter from them? If I need to go to court they how much time it can take for the settlement.
Your help will be appreciated.
Thanks & regards.