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(Querist) 05 April 2013 This query is : Resolved 
Dear Sirs/Maa;ms,

For a bank officer of a nationalised bank, an officer wants to resign his job and forego his three months pay/emoluments instead of giving three months notice and give just a weeks notice. The boss tells him that his partial aplication for resignation is being forwarded for approval however till the approval comes he continues to be in service. Is it legally correct? In that case the bank authorities will take their qwn sweet time to decide or reject the application. secondly, since he has already given in writing that he will forego his pay for next three months, who will pay for his forceful woorking beyond the date of resignation? This may not be that important but since his family commitments are so pressing, that he has to be at home rather than in bank. In such situation, his remaining absent from duty beyond the intimated date of resignation be treated as absent/absconding/ indiscipline?

Please advice.

Regards
Vidhi Joshi (Expert) 05 April 2013
If as per service agreement you have to give three months notice and in failure 3 months salary...then dont worry you have done your part of obligation by sending then notice and agreeing to pay the whole three month amount, so in your case the date stated in your notice will be your last day, but ensure that you get a proper "relieving letter" from the company.
Advocate Sastry (Expert) 05 April 2013
Your remaining absent from duty beyond the intimated date of resignation be treated as UN AUTHORISED ABSENCE. The bank pending acceptance of your resignation can issue memo to resume for your duties. If you donot resume, bank can issue charge sheet as a part of Disciplinary Proceedings.
Adv k . mahesh (Expert) 05 April 2013
without serving the notice period and forgo the 3 months salary and already you said you have submitted the resignation and in a week you will go
before the last day one day in advance again remind a letter about your last day of work and then tell them that you not attend the duties and provide with all the formalities for reliving and final settlement and this will prove in case any disciplinary proceedings initiated against you
Raj Kumar Makkad (Expert) 05 April 2013
I do endorse the advice of k. mahesh.


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