Not being relieved from services
Schnieder
(Querist) 10 June 2012
This query is : Resolved
Hi,
I am a confirmed employee (Manager) of a Pvt Sector Bank, as per my appointment letter quote " Incase u decide to leave the banks services after confirmation, u will be required to give a 90 days notice period. The bank in its sole discretion can decide to waive off/reduce the notice period depending upon the exigencies. In such a case you will be required to pay the bank the gross salary for the notice period so reduced/waived off"
I have got a job in the media industry, something that I have been pursuing for almost 5 years now. My new company has asked me to join within a months time that’s in mid june, I had tendered my resignation exactly a month earlier thats mid May. I have explained the entire reason for leaving and what the new opportunity means to me, but the Banks is just not letting me go.
Earlier in Jan this year I had tendered my resignation but my immediate superior had rejected my resignation, I still persisted and again he rejected my resignation, verbally stating that my resignation at this juncture of the financial year will affect the year end ratings and if I tendered it in April he would assist in getting an early relieving. Hence my resignation was not accepted.
Now that I have resigned, he has accepted my resignation, but since its all system generated, the last working date is mid August. He has now washed his hands off and states that I would need to seek approvals from the Sr Mgmt (Bussiness or HR)
I have followed all protocol, requesting an early relieving, right from my super boss to his boss. Now I am interacting with the HR team and the have stated that early relieving is not possible and I wud need to serve the notice period, finally now I have sent a mail to the GM- HR requesting for an early relieving but there’s no reply.
I had requested that I would serve a 1 months notice (Of which 2 days are remaining) and I would pay the bank 2 months gross salary (this I have mentioned in all communications), I have also provided the bank 6 to 7 suitable candidates for my position (Product and Designation specific) but they are just not willing to let go.
Since there are 3 days left, I have completed all handover procedures, online as well as where my profile is concerned, I have also verbally informed my immediate superior and my super boss that I will not be coming into work from mid June.
Post my resignation, I was also promoted as a Sr Manager, and now they state that since I am a Sr Manager, finding a replacement is difficult.
Seeking advice on how should I proceed with this, I have decided to stop going to work from mid June and send an mail to HR stating that I will not be coming into work and request them for one last time and also offer to pay the notice period amount of 2 month.
1) Can the bank terminate me under the absconding clause?
2) Do I inform my new employer about my situation and would they take it negatively?
3) During a verification check, can the bank state that I am not relieved from services and hence in clauses of dual employment I stand to loose the job.
(Please note that my new employer has agreed to give me an additional 15 days more to join them, but if the bank is not going to relieve me of my services then why should I wait for more 15 days, I might as well join them earlier)
Rgds
Sch
ajay sethi
(Expert) 10 June 2012
The bank in its sole discretion can decide to waive off/reduce the notice period depending upon the exigencies. In such a case you will be required to pay the bank the gross salary for the notice period so reduced/waived off"
you have expressed your inability to serve 3 months notice period . you have given a reasonable offer that you are willing to pay for balance 2 months . your offer is reasonable and should have been accepted by bank .
however if bank refuses to accept your offer and you refuse to serve the remaining 2 months the bank may refuse to give you a relieving letter.
you can inform your new employer that you are bound by the terms of contract and request them to wait for another 2 months . if they refuse then its your call .
Schnieder
(Querist) 11 June 2012
Thanks Ajay,
I just wanted to know if the bank could mark me absconding and terminate my services after all the intimations that I have given.
ajay sethi
(Expert) 11 June 2012
you have not served the notice period . bank is at liberty to take such action as it pleases under the contract
Guest
(Expert) 11 June 2012
Service conditions have to be abided by the employee failing which he is liable for disciplinary action, even termination according to the gravity of the charge. Accordingly, you will also be risking your job with the new employer also. No employer likes deserters to leave them in the lurch without giving them chance to prepare themselves to handle the job of the absentee efficiently, more particularly in the banking services, where customer service is primary objective.
S Jadhav 98336 98330
(Expert) 11 June 2012
Schnieder,
If you have adequate evidence of the submission of your resignation letters earlier and there rejection thereof by your senior, you may request the senior bosses that the lack of notice period is not due to your delay in filing the resignation. You may also mention that you have done whatever possible to ensure that the bank is not suffering due to your leaving like you have handed over your work, that you have tried to provide details of persons who could replace you, etc.
If the bosses understand that you have not done anything wrong it is in their discretion to condone the notice period.
If they do not grant you the concession, please approach your new employers and request them for some more time as you do not want to leave in this manner and the new employers may agree to your request or they may also pay for the balance notice period pay on your behalf if they are keen that you join earlier.
Please call if you require any further help.
S Jadhav
chitra gupta
(Expert) 11 June 2012
TO MR.SCHNIEDER,as per ur statement according to ur service rules ur employer can reduce or waive off the notice period but accept ur resignation.in january,u had tendered resignation.after that u were promoted to the next higher post (obviously considering ur suitability)and u withdraw the same resignation letter.now u r determind to leave the present job and join the new one.plz.keep in mind the expert"s opinions delivered by (L)ADVOCATE,mr.ajay sethi and (L)EXPERT,ps dhingra inrespect of banking sectors.at this stage u can only seek further extension from ur new employer stating the actual facts and circumstances as suggested by (L) EXPERT,mr s jadav.be cool down and donot take any hasty decision(.)thanks.
