sandeep dash 08 September 2021

Advice me what i do as per law.

Hi Team, This is Sandeep from Nayagarh. I was terminated from my bank job because unauthorized absence.in my resignation i am clearly mentioned i can't fill 3 month notice period because of my family problem.there was my father suffering in a accident and now he is an handicapped.While I clearly mentioned on my resignation I can't surved my notice period and that approved by manager Hence, i was terminated on reason given on letter unauthorized absence.I was not given any warning or nothing. Company didn't wanted to talk about that issues and directly sent termination letter. I served more than 2years in that company. And now company is not giving me relieving letter. Please advise me whether this is correct as per law.

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7 Replies

Satyam Mishra 08 September 2021

Whether the termination was legal or not depends upon yr employment agreement, in any case they cannot hold your relieving letter.
Need to go through your employment agreement to advise better. You can mail it on the below mentioned id.

Regards
Satyam
mishrasatyam6804@gmail.com

Dr J C Vashista (Advocate) 09 September 2021

Before termination of service the employee is given an opportunity to be heard and disciplinary proceeding as per law

G.L.N. Prasad (Retired employee.) 09 September 2021

In every Bank, the disciplinary proceedings are laid down for decades, and there is a well laid down procedure for termination. Without serving a charge sheet, and following principles of natural justice like hearing, it is illegal to terminate an employee. Contact the association or any central union/association for sorting out the matter amicably.

sandeep dash 09 September 2021

I am submit resignation.and clearly mentioned on my resignation I can't surve notice period of bank because of my family problems.but they send a termination letter to my home and write the reason unauthorized absence.

G.L.N. Prasad (Retired employee.) 09 September 2021

Such a situation is "highly improbable" in a bank. Termination is a serious disciplinary action to have resorted as a final stage. Unless they issue a charge sheet calling explanation for the unauthorized absence, hearing your submissions both in writing and hearing, no authority can resort to such a serious step. Please go through early replies and get a notice issued to the Bank for taking against principles of natural justice and for not following the laid down rules and regulations, law while terminating the employee. Always go to a competent advocate that tasted success in his earlier cases with similar grounds and those who practice in High Court.

sandeep dash 09 September 2021

G.L.N. Prasad (Retired employee.) 09 September 2021

If a notice period was not served, they can demand such salary in lieu of notice period and that is altogether a different procedure not connected with termination. Please avoid copy and paste of same content every time.