Hi, I am working in a Public Sector Bank and facing a problem. I have submitted my resignation letter and provided one month's notice. However, my offer letter only states that "during the probation period, the bank can terminate your services by giving one month's notice," without mentioning if I can also resign by giving one month's notice. I believe the notice period should be the same for both parties.
They are requesting me to give a 3-month notice, which applies to confirmed employees. If there is any specific clause pertaining to probationary employees, it should be considered a general condition for a 3-month notice period.
From India, Pune
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They are requesting me to give a 3-month notice, which applies to confirmed employees. If there is any specific clause pertaining to probationary employees, it should be considered a general condition for a 3-month notice period.
From India, Pune
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Dear [Recipient],
Legally, the bank is wrong. An appointment letter is a civil contract, and the terms should be the same from both sides. The above-mentioned contract is void ab initio.
If they terminate, one month's pay is reasonable, but three months' pay is not justified or legal. Conditions can include a three-month notice period during probation, but it must be applicable to both sides.
Thank you.
J. S. Malik
From India, Delhi
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174Legally, the bank is wrong. An appointment letter is a civil contract, and the terms should be the same from both sides. The above-mentioned contract is void ab initio.
If they terminate, one month's pay is reasonable, but three months' pay is not justified or legal. Conditions can include a three-month notice period during probation, but it must be applicable to both sides.
Thank you.
J. S. Malik
From India, Delhi
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Can you quote some rulings to substantiate my position? Some legal documents or some Government of India guidelines. I really don't understand how a public sector bank can issue an illegal and unjustified appointment order. They say that it's the bank's policy and fighting the case in civil court will be quite a daunting task. If I can get some sort of document that could tell them that sticking to unequal terms is illegal, then that will help me a lot.
From India, Pune
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From India, Pune
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Legal Notice for Breach of Notice Period .docx
Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf