Resignation

Querist : Anonymous (Querist) 06 December 2011 This query is : Resolved
Sir,

My mother has been resigned from her service before 20days before.She was employee of Co-oprative bank as a clerk.

Now she is on PL leave.

But Bank managment accepted her resignation with condition that complit the work.Bank managment provide a pending works list.

Also thay are saying that thay will take legal action for pending work.

Please give your guidance regarding this issue.

Regards

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V R SHROFF (Expert) 06 December 2011
It depends upon the service contract. If it provide, Say Notice of 30 days, your mother should notify , sending a Resignation Letter 30 days in Advance, or the Bank has right to deduct salary for 30 days.

In your case, Bank is forcing to complete the pending work. It is illegal. Bank can only request, and in view to co-operate, your mother should comply with such request.

It is not compulsory.
Nobody is indispensable in this world.

Your mother is at liberty to do or not to do.

Employment contract should be complied with, unless any reason justifying otherwise.

Querist : Anonymous (Querist) 06 December 2011
Sir,

Thanks for quick reply,

Bank has been not provided us an appointment letter till after 12years of my mother’s service.

As per my view Contract Work and Employee work is different. Contractor is gating a payment against complete specified work and employee is gating a salary against work provided by immediate senior. Hence there is no compulsory that employee can release after complete the pending work only.

Sir, is my view is correct?

Sir, if you breif me with rules it will be very useful to me so i can take my stand with confident.

Regards

Devajyoti Barman (Expert) 06 December 2011
You seem to be an advocate.
The why are you putting query in anonymity?

Raj Kumar Makkad (Expert) 06 December 2011
It shall be better for you to obtain the copy of appointment letter as well as desired relevant rules from the banker/employer of your mother so that you may study those documents and may initiate further action as desired.

Principally, I do agree with your opinion about contract employment and regular employment but it shall be better if we go through relevant service documents first before opining finally.

Querist : Anonymous (Querist) 07 December 2011
I am agree with Mr Shroff and Mr Raj.

But may be possible if employee demand for appointment latter and they (employer) will provide it with adding their favorable clause.