Hi,

I am a scale II officer at Bank of India and was campus placed in 2010. Now I have resigned from its services after receiving another offer from other private bank. However, my new employer insists that I join within a month. 

I have requested that I be relieved within the month itself and obtained acknowledged copy of the same. Even though my direct supervisor is agreeable to the same, the people at Head office who ultimately control these decisions have refused and say that I should serve the notice period. I have already said that I would pay whatever monetary amount is required and complete all other formalities. 

Could someone suggest whether my bank can force me to serve full 3 months notice period even though I am willing to pay full notice period amount. I am unable to find any document which clearly defines if I can be forced to serve the full 3 months notice period even if I am willing to pay the 3 months notice salary ?

Regards.

Refer to the appointment letter issued to you. If it mentioned that contract can be terminated by employer and employee by tendering notice pay in lieu of notice period, you can affirm to tender notice pay and amount payable by you if any as per correct FNF statement.

You may try and obtain employee rule book, service rule book, HR policy, employee policy, standing orders of the bank and cite these. Bank is under obligation to supply these to all employees. These may be placed at employee portal of the bank, may be available with fellow senior colleagues, union or at website of the union.

Try and obtain the acceptance of your supervisor in writing even if it handwritten comment on copy of your notice and affix seal of the bank with date.

The HR can trouble you by declining to accept notice of resignation, by blocking your settlement and issuance of documents.

Although it is your decision to leave a nationalized bank and join private bank, it is suggested you may weigh all pros and cons and evaluate your decision.

If you have decided to leave you may structure your notice of resignation to suit you in the long run. If HR becomes rigid you may try by representing and appealing to good offices of your appointing authority and Chairman of the bank.

Banks are covered under SE act and this may help you to get service certificate if you lodge complaint and peruse it.

I shall quote from my offer letter

" During the period of your probation including period of extension, if any......... your services are liable to be terminated at the the sole discretion of bank without any reason being assigned by one month's notice or payment of one months emoluments in lieu thereof. If you are desirous of leaving the services of the bank during the period of probation including the period of extension if any, you shall give 3 months notice in writing to the bank."

" On confirmationin the service of bank, your services are liable to be terminated by 3 months notice or on payments of 3 months emoluments in lieu thereof. If you are desirous of leaving the services of bank after your confirmation, you shall give 3 months notice in writing to the bank. :

Now while the offer letter doesnt explicity mention that I can give 3 months salary and resign but if the bank has that option, shouldnt I also have that option extended by default, since, I believe an offer letter should be equal in terms of rights of both the parties ?

In the employee service rule book, there is no mention of any policy for resigning employees.  Where can I know the exact policy determining these things and whether I can force them to give me my relieving letter. 

Also if I go on leave for a period of two months, can I ask them to give the relieving certificate after deducting 2 months pay on account of medical leave.

Please advise.  Thanks in advance.

During probation: Termination by bank; Notice of one month or notice pay in lieu of notice. Same should explicitly apply to employee.

Upon Confirmation: Termination by bank; Notice of 3 months or notice pay in lieu of notice. Same should explicitly apply to employee.

Obtain copy of standing orders of the bank.

Take help of Bank Union.

SE Act Delhi:

(5)  “commercial establishment” means: and premises in which

business of banking, insurance….

30. Notice of Dismissal.

As stated by you there is clear provision , if you are desirious of leaving clearly means if you intend to resign ,you may have to pay for notice period . While calculating notice period there cannot be question of leaves due etc.If you are  ready to pay for the notice period there should not be any problem. You should contact General Manager (Personnel) for necessary help.Kindly keep in mind that there may problem in joining the new private sector bank if you donot get a proper relieving letter.

No one can be held captive in a free country. That would amount to bonded labour or slavery.

If there is a provision in the contract for breach of contract it cannot be one sided. In any case if you leave without being formally relieved, what can be the maximum demand from the other party is cash compensation.

But if you leave without being formally relieved, will the private bank accept you? You take any action only after getting concurrence from the private bank.

It is felt that you should appraise your next employer and submit minutes in writing even if by email mentioning that your current employer may not issue acceptance of resignation, relieving letter, FNF settlement, and you can produce only copy of notice of resignation, final resignation, and POD.

The new employer may absorb you and may ask you to sign an affidavit declaring that you shall submit documents...........within dated..........In other words you shall be setting a deadline or your appointment can be terminated.

The new employer may ask you to indemnify it from any liability or loss if current employer lodges any claim.

You may firm up everything with new employer and protect your interest. Build some written record in your favor.

You may proceed as deemed fit at your end.

Hello Sir,I put in my resignation papers on Feb 4th,2013 from a Co-Operative bank.I had served the bank for exactly 18 months.Owing to my steadfast decision of appearing for the civil services exams the next year,I decided to put in my papers.Sir,when I had resigned,I had handed my resignation letter to the MD,GM and DGM of the bank and as soon as I had handed them my papers,they wished me luck and we parted in total harmony and without any untoward event.Now,on the 11th of April,I suddenly received a letter from the bank asking me to repay them the 18 months' salary that was given to me when I was in the bank.According to the staff service rules of the bank,all the candidates(including me) were made to sign a bond that explicitly asked the candidates to repay back the salary (from day one till the resignation date) paid by the bank  'if the candidate left the job before 3 years,on the date of appiontment.I actually had thought that it would be relaxed in my case as I had served the bank for more than a year.The amount they're asking me to pay is big and it doesn't say anything about the mode or method of payment,whether it isgoing to be  time bound or whether I'll have to shell out the huge amount at one go,because the letter just says.... 'you are required to pay the bank'....My question is very simple....does that not amount to servile labour?....and what should I do in-order to exonerate myself from such a predicament....?....and does 18 months of diligent and sincere labour fall at the altar of a bond that I signed during my time of appointment........Also Sir,one final footnote for you to help peruse my case properly....my contemporaries who had joined the service together with me had left the job after serving for less than a year and had gotten 25% exemption with regards to repayment of salary....will that apply to me or will I have to bear that ultimate financial brunt?....your guidance will be highly appreciated Sir........ Thanking you Sir.

There is fundamental law that one can demand something only  if one has given somrthing for a consideration. What were you doing before joining the Co-operative Bank?  Did you have any experience before? What was the bond saying? Does it say that you will be given training for 3 years or any lesser period? If the Bank claims you were under training and the salary paid to you was a kind of maintenance allowance or stipend, the Bank can say that they had spent money on you and as you were resigning they were deprived of the beneffit of your services. So the wording of the bond is very important. 

After you gave your resignation letter, did they give you a letter relieving you? If not on what basis did you leave? If you left without being relieved, that would amount to abandoning the job and you would be  liable for disciplinary action. Have they mentioned any action that they would take, if you do not pay the bond money?

What exactly are you doing now, sitting at home and preparing for the civil services examination? The question of your paying a lesser amount would arise only if you offer to pay and request for a relaxation.

Sir,they just received the letter without saying anything.....all they indulged in was proper conversations wishing me luck for the exams....the letter in no way promises any legal action on my failure to repay back the amount....it just says that the decision for my resignation has been accepted by the Board vide a resolution during the meeting....and as such as required by the bond,I have to repay back the salary....It doesn't say as soon as possible and further it is mentioned that the bank will give me a valid discharge only after repaying the amount....and when we joined the service we were considered probationers,where the term of probation would end after a year,yet no candidates from our batch were handed letters to that effect....