Cooldudeshaggy (DM) 06 October 2014

Supervisor not relieving employee before notice period

Dear Experts ,

I am employed with one of the largest private sector bank in capacity of deputy manager . I had resigned on 01 Sep 2014 and verbally agreed to serve notice period of 03 months as per contract on request of an AVP . On 15 sep , I had verbally requested for an early relieving citing medical treatment of my grandmother , which was not accepted and rerouted by line manager to hrd . I had documented request to hr for same who in-turn passed the ball to line manager and line manager said no for early relieving stating they require skilled replacement and same shall take time .

I had a clause in my offer letter stating "Permanent employee has to serve a notice period of 90 days , if employee is not able to serve notice period in full he has to pay salary in lieu of notice period ."

HRD has stated its discretion of line manager to accept or decline request of releiving by paying salary in lieu of notice period whereas offer letter does not states same anywhere .

Bank has registered office at mumbai and i am working in UP. What are my options ?

My father has suggested to send a letter through registered post stating resignation details and debit authority to recover dues in lieu of notice period and stop going office.

I had gone through other posts but none is for Banking hence starting a new thread .

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 03 May 2015

Legallly, you can do that. However, you may not get a relieving letter and when you are joining some other bank/industry, it may affect you. Try to leave with a good note. Talk to your line manager and explain the geniune reasons.

Kumar Doab (FIN) 04 May 2015

Mr.Vasudevan has given a valuable advice.Kindly follow it.

Some of the private bank's employees are also members of Bank employee's associations.Usually employee's union leaders intervene and resolve such matters.

It is sometimes mentioned in appointment letter that service conditions are governed by HR policy/Service rules and regulations.......................or some resignation software tool/ separation policy/FnF policy etc..........

You may download all such policies also and satisafy that there is no such agreement signed by you that grants intervention/discretion/acceptance by line manager.

The HR and Line Management usually follows a predecided scriptt in such matters and the conduct in your case is also age old preactise.

If the notice pay in lieu of notice period can be tendered by employee/employer then employer/employee can not step back and breach the contract.

However you should first build a proper and irrefutable written record (of course under proepr acknowledgment) and let it be structured under expert guidance of your able labor law consultant/service matters lawyer/law firm..........................before you tender any more communication on your own or resign and stop going to the office...........................

If HR and Line Management has become zelous,vindictive,violator of the T&C of the contract, alert, suspicious then you may escalate to the good offices of appointing authortiy,MD,Chairman…………..and first narrate and conclude that NO TASKS are pending at your end, and routine duties be assigned that can be completed on daily basis within and upto the expiry of notice period/LWD tendered by you……………………….to whom you should handover the charge/assets against proepr acknowledgment on the spot…………………….and notice pay in lieu of shortfall in notice period be adjusted in FnF statement (as per clause number….in appointment letter dated….issued to you) and be supplied to you/Or is attached vide cheque number…………….and acknowledgment and acceptance be supplied to you by Redg,. Post along with FnF statement………………

Relieivng letter signifies that Nothing is due towards employee and hence employee has been relieved.If you have tendered notice pay,handed over assets,charge then nothing should be pending at your end.

You need to take care that NO charge/loss is levelled on you.

Download everything that shall be relvant and usueful in your case.

Remain gentle and amiable and record the events.

Your counsel can opine on whether the Bank for commercial gains is registered under Commercial establsihments Act that does not discriminate between ‘Workman’ and ‘Non Workman’ and standing orders are applicable to the bank, and if these are certified (CO) you may get these examined and check if your desigantion is covered by CO.