Asso.prof.(commerce & Management) Pg
Labour Law Advocate
Payroll Analyst - Shipping Industry
Back Office Operations
Deputy Manager, Bank

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Respected seniors, I am in a very bad situation. I work in the largest private sector bank by assets. As per my offer letter, I need to serve 90 days of a notice period, and should not join any competitive bank till 6 months of my resignation date. Any early relieving is subject to salary in lieu and it is under sole discretion of my bank.

I have received an offer from a MNC software consulting firm which deals in back end banking operations. I have to join there in 60 days.

So my Requiement is an early relieving of 30 days.

I have discussed the situation with my boss, super boss and regional head, they have not denied me but they have told me that they will discuss with HR.

I have already put my resignation.

I had drafted a formal resignation letter mentioning my request, showed my willingness to hand over any asset, knowledge transfer or any dependency of my branch towards me. I am also ready to indemnify that I am not going to join any competitive bank and pay any sum of gross salary against the early relieving. Since i am not very profitable to bank from sales point of view, but express my gratitide for knowledge i have amassed. On humanitarian grounds I request an early relieving to give a new shape to my career.

The HR did not respond to this mail, and some how after my discussion with my seniors, the HR reverted that there is a policy of 90 days and I have to abide.

I responded that mail in cc to my zonal HR manager, that u can not deny me merely in the name of a policy and I have complete faith in my bank and it's policies.then I received a call from my HR. She was very furious about the escalation and thrashed me and denied me. She also dropped a mail stating that I was unprofessional, to which I clarified. It was a misinterpretation of my words.

My future employer is not extending my date of joining and I am in the verge of becoming unemployed.

What I want to ask you all is that can one person's verdict be considered a bank's discretion? Can it be challenged on legal grounds? Can there be any intervention? Please guide

If there is a notice period of 90 days in your appointment letter, then you are bound to serve notice period or pay in liue of notice period. It is, however, the discretion of the management to relieve you early or not.
Regarding non-joining in a competitive bank, the clause have no legal validity. You may join a competitor bank on the very next day of your exit from the current company.

At the time of joining this company, you were very clear abount the the duration of the notice period. When you were negotiating with the new company you should have discussed with them regarding the 90 days notice period in your existing company. Still I think you should talk to the concerned people in the present company and request them to relieve you earlier in view of the future prospects.
But in any case, there is no sense in going in confrontational mode with the existing company to solve this problem. You can always wait for the next good opportunity in future. Redressal of this issue by legal means would only lead you in waste of time, money, energy and most importantly your peace of mind.
All the best....

To be very honest, it was my first experience of job change. My future employer was ready for a buy out.
The first question my HR asked me was if I am ready to join in a month, to which I agreed.
It was the biggest mistake I made and now I am suffering.
I thought that paying my gross salary would be a good window to exit.
I just want to ask one thing, what can happen if I have a solid personal medical exigency that abides me for a bed rest for 2 months. can I send a legal notice to my manager and HR that I won't be able to serve the rest period
Or I can send that to my future employer for an extension..
Or send it both to maintain a status quo on both sides for clear back ground check results.

Even if you send medical certificate citing that you are unable to work for next two months, the current company may extend your notice period by further period of two months for your absence due to illness. Sending of legal notice won't much. Upon tendering of resignation, relieving will be granted by the company and the company is free to decide whether to relieve you immediately or after serving of notice or by accepting notice pay.
It is better to explain the situation to the new company and convince them to give you extension of two months so that you may have a smooth exit from your current company.

I donít think company policy is an issue... If your Manager agrees for release no one can stop you...
Kindly discuss with your boss/manager if he says he has no problem then you can tell HR to relive you in 60 days. and you can grab new job.
Take in writing from your boss and passed to HR (that email). OR talk to your new company whether they want reliving letter or resignation letter is enough... if they donít want reliving letter then you can join that company post completing your 60 daysí notice.
I hope this works for you... good luck..

60 days' of notice period is a fair term. However, to have an amicable solution better request your Head to accompany you to the HR to explain her your situation. The policy, ipso facto, can be relaxed on case to case to basis, since you also must be prepared for buy out 30 days if come to worse. Go for a try. I don't know how crucial your bank service to your career. If running to years it worth the effort to obtain a clean chit from them with a Very good remark. Nothing wrong to side by side try to obtain extension from your MNC co. as well. Hope either one should click.
All the very best.

[3/23, 9:00 PM] KOTHARI: Dear madam,

As discussed, I have resigned from my employer on 17-02-2017 and I am constantly trying to get an early relieving, I have discussed my case with my branch head and my regional head. I have also discussed my case with my HR and even represented my case to my zonal HR head.†

As per the last mail communication from my HR, I have been denied to take an early relieving stating that there is a policy of serving a 90 days notice period and I have to abide. As of now, my relieving date is 17-05-2017. They have also mentioned that they can not relieve me because a replacement has not been arranged yet and work is overloaded due to March ending, which is a very crucial time for our banking industry.

Post that, I had also made requests to my respective heads, and also got recommended from a very senior level RBI officer, Mr. Xyz (General Manager, RBI AHMEDABAD). They are of the opinion that it should work out during fist week of April post everything settles down.

I have consumed enough time for extending my confirmation and you have been extremely supportive to all my requests.

I sincerely thank you for the co operation.

I want to conclude that there is still a hope that I get a positive reply, but my delay should not hamper your business Requiements.

The situation is transparent and the verdict is yours. I totally understand if there is a denial from your side for delay in fulfilling my commitment but at the same time †I would be very grateful if I still find the opportunity to work with xyz

This is my mail to HR of future employer let's hope if I can get an extension.

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