Anonymous
Hello Everyone
Myself Shruti Nair.I am working as the Branch operations manager in a leading private sector bank in India.I had decided to step down from the bank last month and resignation was initiated from my end and the same was approved by my Branch manager.In my appointment letter it is clearly mentioned that after confirmation of employment with the bank either party will be required to give 3 months notice or salary in lieu of notice at the banks discretion.My father was in ICU for 2 months due to severe health conditions and I wanted to be with him.I had attached his entire treatment summary and wrote to my HR and management for early relieving.I had informed my last working day in the beginning of the month itself and agreed to work for 30 days in order to find them a replacement for me and my replacement has joined in the beginning of the month itself and I had properly handed over everything to him and also all company assets to my BM.

But my request for early relieving was rejected by management they are forcing me to serve the notice period in fact I have also agreed to pay the remaining notice pay amount. Now I have got an offer from a company which offers work from home facility. That job is best suitable for me as I can be with my father and also I will be able to support my family financially. The new company want me to join within 30 days and the existing company is asking me to take leave for taking care of my father and come back to serve the remaining notice period. I have also received a mail from them stating that I can not join any other company till the notice period is offer and they will contact the new employer and consider it as dual employment.They will also mark me absconded even if I had already informed my last date of working officially before 30 days.I would like to know if I join the new company will it be considered as dual employment?
As I agreed to pay the remaining notice pay amount,Will I be getting a releiving or experience letter?
Moreover is it a good idea to reports to the new office before notice period end I have mentioned last working day in email and left the existing company and its been 5 days.Kindly request your guidance
Thank you

From India, Alappuzha
Madhu.T.K
4193

Accepting the notice pay for immediate relieving is purely a management prerogative unless it is specifically provided in the appointment order that either party shall terminate the contract of employment by paying notice pay in lieu of notice period. In this case acceptance of notice pay is at the discretion of the bank. The same is one sided and is a question of law to be challenged. But this is not the right time to do it. But since a replacement has already come, the bank could have relieved you even without demanding notice pay. Still, since the policy is to get it, they could ask you to pay notice pay and relieve earlier. But the initiative should come from you. The bank will not keep it open. Therefore, you should go and meet the HR in the HO/ Zonal Office and get your relieving order in hand without fail. You should also ensure that your exit date in the PF records is a date before you join the new company. This is because now a days this is being taken up as a serious CRIME by the Background verification agencies who themselves claim to be detectives. Therefore, never join the new company without a valid document showing that you have been relieved.
From India, Kannur
Shrutinair
Dear Sir,
I have clearly mentioned the last date of my employment with the bank and also officially handed over all the responsibility to my replacement.I have all these official email communications with me.Will it consider as the end of employment with the bank? So that if I join new company it does not fall under dual employment.Also as you have suggested I tried my best to convince the HR and senior managers for a smooth exit but they are not accepting it.

From India, Alappuzha
Madhu.T.K
4193

A communication from your side that your last working day would be so and so would not suffice your formal relieving. That is an offer from your side and it should be accepted by the employer ((bank) and you should have your handover documented officially. Then only you would be freed from your liabilities as an employee. Since the nature of employment involves finance, the employer can even insist you to go through a process of handing over which may not be followed in other organisations.

The attitude of the managers/ HR in particular can be criticised but you cannot take a call against them if the appointment order says that relieving after accepting notice pay is purely employer's prerogative. As stated, you can also approach the appropriate authorities but that will again spoil your relationship and career. Therefore, it is better to convince the new establishment and buy some more time for joining.

From India, Kannur
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