Shivank Arora
Further to add, I got thrertening calls from the group leaders that they will spoil my career & make my life miserable that I won't get any job. Is there no remedy in law that can save the interest of the employee also. Or a clause that 'Organisation alone may, at its discretion, take/accept any payment in lieu of notice period' gives whole sole powers to the orrganisations to harras their people & behave like they are in the position of the almighty.
From India, Mumbai

Dear Arora

It's out of a covenant exists between you and the bank and you are under obligation to serve the notice period. As the contract terms thou' one sided in favour of the bank but still you accepted this condition and served the bank. Therefore you are bound by that. But when you are prepared to pay the compensation you should do it and it's all depends how the courts will accept your side of the arguments. There is no inbuilt remedy to you in the context. But still in my view they have no right to spoil your career except to ask for the compensation which is a matter for the courts to decide when you would seek the intervention of courts. One more suggestion if you have all the reasonable legal requirements you may first seek the intervention of a competent court to help you which of course a long drawn process, and no one knows in which way it might lead to. Better take the advice of learned advocate.

From India, Bangalore

Dear friends,
This is a typical case wherein the contractual terms, the terms of appointment would speak for itself. Whereas how can the aggrieved employer will have the right to spoil career of a leaving employee. Arguably the employer would be entitled only to the compensation when the notice period is not served not the other option where the bank would be charged with malafide intentions. Not serving the notice period is a civil case whereas the threats from the bank is criminal offence. The attached case law has certain relevant issues discussed thou it might not directly answer Mr.Arora.
Views of learned members are welcome.

From India, Bangalore

Attached Files (Download Requires Membership)
File Type: pdf Resignation-Notice Period- T._Purushotham_Reddy_vs_United_India_Insurance_Company_..._on_21_Nove.pdf (108.0 KB, 260 views)

I worked at a automotive service company as a technician and i have resigned job 20 days before i have completed 20 days notice period and employer said 10 days salary will debited i said ok. But they are not giving FNF. they told me that your FNF will cleared after 45 days. (They hold the salary From 1st feb. 2023 to 7th march. 2023 ) Is this legal?
Because they are not giving any proof and I am travelling abroad, I can't come back 2 years. ( There is no contract between us and also employer not issued the appointment letter)

From India, Bengaluru


You claim you got relieved after 20 days notice period. So early relieving based on your request or on employer's choice ? In any as you agreed for 10 days shortfall recovery they are supposed to release the FFS after recovering the shortfall in notice period. Now that they told you that will settle your full and final settlement in 45 days why can't you wait and see. However you can ask for full and final settlement statement for your reference which normally all employers use to issue on the day of relieving. Also request them to release proper relieving order for you.

Holding of salary is not legal. However it has become common among many Corporates to hold the salary on receipt of resignation letter. This is due to unethical behavior of some employees who just abscond without information after the receipt of salary.

From India, Madras

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