Kannanmv
Hr & Administration
Pon1965
Construction
Loginmiraclelogistics
Asso.prof.(commerce & Management) Pg
+3 Others

Dear Sir, I am working with a Pvt. sector Bank for last 2 years. Now I have been offered an employment in NTPC but I am unable to serve the notice period in Bank (3 months). As per my terms of employment here in Bank a specific terms suggests "The Bank alone, at it discretion, may opt to make/accept payment in lieu of notice period, which will be calculated on the basis of monthly gross salary". Now when I resigned on 8 nov 13 and asked for a relieving on 29 Nov 13, the period that I am able to serve is only 22 days. Bank has denied early relieving and asked me to work till 3 months (i.e. 7 Feb 13). Please suggest me what further course of action should I take to resolve the matter with Bank. If I do not join NTPC on 6 December 2013, the offer will stand lapsed. Please reply soon. I am waiting. Thanks & Regards Shivank Arora
20th November 2013 From India, Mumbai
NTPC may not relax your joining date and they may not insist you to produce relieving letter also. Offer to the bank to pay back the shortfall in notice period. Better to consult a lawyer. Pon
20th November 2013 From India, Lucknow
If you could please suggest me any further course of action with relevant legal provisions or any lawyer in Delhi??
20th November 2013 From India, Mumbai
When the notice period is according to the terms of employment you cannot escape. You will have to abide by the terms and conditions of your appointment order. When you think that NTPC is a good company with a bright future for you do not hesitate to pay the amount and get relieved. The Bank at its discretion can waive the notice period and relieve you. For this purpose you will have to meet the top management and explain the circumstances and request them to get relieved. Som organisations will pay the notice period salary and appoint the person. I do not kno wwhether it is possible by NTPC. However if you go legally you may not succeed adn your next company should not smell this problem as your future is with them. Sit and think calmly and take proper decision which should not affect your future.
22nd November 2013 From India, Madras
But is there any provision in Law that can help me out. Any organization can not compell an employee to work. We are not bonded labour.

Even if its on their discretion, but they can not force any employee to serve them, when the employee himself in unwilling to serve. This is a matter of provision of personalized services, not of selling & delivering any goods.

I had a meeting with HR in NTPC, they said that you may join even without the relieving letter from previous employer.

Today, My Group Head called me & burst on me that "You may go but I will destroy your future now, you refer to bonded labour, now I shall make you feel the same as a bonded labour. You will not get job anywhere & will visit door to door for sake of job but nobody wont hire you."

In the above situation, If I continue in this organisation, these people may do anything to harras me in the remaining duration of my notice period.

Further the offer of NTPC will lapse on 6 December 2013. After having served my full notice period & harrased during the notice period, after 7 Feb 13 I shall stand unemployed, since no job will be there in my hands then.

Please guide me how to proceed further. Pleas also, if you can, call me on the following number

Regards

Shivank Arora

8860630500
22nd November 2013 From India, Mumbai
Dear Arora,

It's always better to take the guidance of an advocate who is well experienced in such matters. Subject to this, without prejudice, I may suggest the following.

You said you resigned on 8.11.13 have you obtained any acknowledgement from the authorised officer ? If not you already lost valuable time. But still you should obtain the acknowledgement offering/enclosing/ remitting a crossed cheque equivalent to the days short of notice period and requesting them to accept the resignation letter with immediate effect and the cheque in lieu of the the shortage of notice period. It is expected that they might not relieve you immediately or accept the cheque. If no response comes from them then intimate them by all methods, regd.letter, speed post, letter by hand delivery, e-mail, to the authorised officer and your immediate boss that you are not going to report for duty from.......date as you already resigned and remitted cheque in lieu of notice period. Ensure that you hand over whatever the property of the bank in your possession and obtain ack. If they are not acknowledging send by regd post with ack. After that you may join NTPC. Incidentally let us know have you intimated the bank where you are going to join, location & address ? All said and done use the advise of an advocate. All the best.
22nd November 2013 From India, Bangalore
Thanks for your suggestions. I would further like to the state the following facts-

I had put my resignation on 8 November 2013 through email & I have forwarded the mail to my personal ID also. Other all communications so far are through mail & my personal ID is in BCC.

In one of the mails I agreed to pay the compensatory amount in lieu of the short notice, but yet not provided them with any cheque.

Further, I had put my resignation formally in the system & the same was well approved by my boss & HR. But the problem is that I had updated my relieving date to be 29 November 2013, but my boss got it changed from the backend to 7 February 2013 & approved. So as per system my resignation has been accepted with a relieving date of 7 February 2013.

I have also received a resignation acceptance mail from the HR.

I have shared my joining documents here in the bank, hence they well know where I am joining. Though I have had a word with the HR at NTPC & they assured that relieving letter will not be required in my case.

1. Please suggest, should I move on with other organisation without relieving letter, as NTPC do not require the same in my case?

2. What should I do if I am served with a legal notice for breach of the Cotract of Employment with the current organisation?

3. What if, I simply leave on 29 November 2013 & later the current organisation serve a notice to NTPC, as they know where I will join?

4. What if, on 29 November 2013, no one at my location take the handover of the stuff that I am supposed to be handing back (laptop, ID card etc.)
22nd November 2013 From India, Mumbai
Dear Mr Arora,
In my view and previous experience with one person, kindly leave all these BONDED LABOR etc., Discuss with Bank officials regarding the issue, and pay the amount if they demanded. Any employee who leaving the company will be get no objection letter or any other relevant letter from previous company. NTPC is very good company, you have bright future in it also, rather then the bank.
So, settle the issue as smooth as.
Legal step also not advisable.
Sharma
8019781511
22nd November 2013 From India, Visakhapatnam
Dear Mr.Shivank Arora,

I am surprised to read your notings "We are not bonded labour".

Till you got the offer from NTPC the private sector bank in which you were employed was heaven. But once you have got the offer from NTPC, in your opinion the bank treats its employees as bonded labour and you want to fight it out legally.

I see your view point, that the bank has not accepted an early relieving, but this cannot be sorted out legally and can only be resolved by a dialogue with the concerned officials in the bank. Remove the ill feeling you have against the bank and make attempts to resolve it amicably. As yet another member has stated renew your promise to compensate the bank for the short fall in notice period. Seek the amount to be compensated from your side for it.

If the bank is not forth coming then list down the properties handed over to you by the bank with proper identification serial numbers (for laptops, mobile phones etc.,) and then meet your reporting boss on 29th November 2013 and hand over the same. If he seeks for a marginal extension of time, say one week or so for relieving, speak to NTPC and obtain extension if possible. If he does not receive the properties send an e - mail to him from your office e - mail ID that you attempted to hand over the properties but the offer was rejected. Pack the properties safely preferably inside a locker/ cupboard and hand over the keys to the concerned persons and then leave the office.

As you say NTPC is not insisting on a relieving letter, in my opinion you can join NTPC without a relieving letter. But obtain the consent of NTPC preferably by e - mail that you can join without a relieving letter. Thereafter join NTPC.

Have evidence of having offered to pay the notice pay, handing over of company's properties to the bank officials till such time you are convinced that the bank is unlikely to pursue the matter any further.

Regards

M.V.Kannan
23rd November 2013 From India, Madras
I had earlier communicated to the HR department that I. Want my relivieng date to be 29 November 2013 & shall stand relieved on the same date. The compensation amount in lieu of the notice period may be communicated to me, so that I can pay the same.

Yesterday I received a communication from HRD that it was unethical & unprofessional on my part that I decided my relieving date unilaterally. They further mentioned tthat I should continue coming to office after 29 Nov 13 also & thretened me that If I join any other organisation & do not report duties after 29 Nov, they will make charges of double employment against me & take strict dicsiplinary action against me.

Please guide me, as to how come a matter of early relieving becomes a matter of dicsipline against me. Further, when I have clearly indicated to the current organisationa about my relieving on 29 nov & joining other organisation, how can they claim it to be double employment.

Has the organisation, being powerful than employee, has all the power to say anything & put any sort of charges against a leaving employeesay anything & put any kind of ccharges
24th November 2013 From India, Mumbai
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.
24th November 2013 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.

https://www.citehr.com/162888-notice...nt-letter.html
25th November 2013 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.
25th November 2013 From India, Bangalore

Attached Files
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File Type: pdf Resignation-Notice Period- T._Purushotham_Reddy_vs_United_India_Insurance_Company_..._on_21_Nove.pdf (108.0 KB, 182 views)

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