I have been working with a PSU bank since 2015. I was in probation for 2 years and still in my probation period. I had gone on unauthorized absence on 16 august 2016. I have not taken salary for the period I have not worked.I received letters from them to join job or actions will be taken against me. I have sent my medical certificate upto the period of october 2016. After that I requested them to temporary transfer me at hometown for a period of 4-6 months. I also stated " I am hopeful to join my service in March 2017". I did not get any reply from them till may. Somehow, I missed the mail and I just saw it one week before.My absence was because of an emergency and I have not taken employment anywhere yet. Now I want to resign from my bank. I am ready to pay all my obligations as per agreement letter. I have called my HR manager twice. I mailed them and I also sent my resignation by post. Every time My HR manager cut off the phone. I also sent my resignation through post. I am ready to pay all the obligations on part of me i.e, 3 months salary. They had already forfeited my FD of Rs 80,000. I asked once to break my FD and transfer to my salary account. But I did not get any response from them. They have kept my money and still not relieving me. Do they have right to withhold to my relieving? I have been shortlisted for another exam. Now they are asking me whether I have worked for Government of India or any PSU. As I am in probation and taken the salary only upto august, I wrote that Yes I was employed till August 2016. Nowhere Relieving date is asked and If I would say that yes I am still employed they are asking NOC from present employer. What course of action should I follow? Please advise.
Since you have remained absent unauthorisedly the bank can take disciplinary action against you
2) it is at discretion of employee to give you relieving letter . You have remained absent for more than a year . Employer is not bound to give you relieving letter
3) best option is to go and visit the bank personally and try to arrive at an amicable settlement
You have stated that you are not working since August 2016
In the given situation have you confirmed that whether the bank has terminated your services or dismissed you etc?
Have you sent your resignation letter by registered post with AD?
If not send it immediately and mention that you are ready to pay for the notice period?
Await their rely, if yo dont get a reply send a lawyer's notice demanding acceptance of resignation and also relieving letter.
After that you can initiate suitable legal action.
1. if there is any rule that provide limitation period for acceptance of resignation then after lapse of such time period you shall be presumed that resignation letter has accepted and you'll be relieved from the job.
2. try to contact HR for clarification about forfeiture of FD. you should send a notice that whether such forfeiture shall be deemed that i have been relieved.
@ Ajay Sethi sir: Sir I tried so many times to talk to them but nobody is ready to talk to me. All they are saying is that You did not take permission from us before going on leave so why are you asking now. I am ready to settle the obligations. I also produced valid medical certificate. What kind of disciplinary action they can take? If the matter is at their discretion, will it not spoil my career? Because they are not relieving me and I cannot apply anywhere else. I know my conduct was not appropriate but the punishment is disproportionate I am getting in reverse. @T Kalaiselvan Sir: Yes Sir, I have not been terminated. I am still registered in office muster. I sent the letter through registered post. In my letter I authorized them to debit my account to settle the obligation. I also stated that If any other obligation is due I am ready to pay that also. I do not want to spoil my future. I am very much worried sir. Please suggest.
Since you have remained absent unauthorsedly your employer can terminate your services
2) issue the bank legal notice to issue you relieving letter as you have resigned from services and offered to pay your dues for unauthorised absence
You may issue a legal notice demanding your reliefs including reliving letter after proper resignation if your services have not been terminated.
You will get a reply after which yo can pursue the further legal actions
Sir I am narrating the whole case with specific dates: 16th aug 2016: I took unauthorized absence. 22 aug 2016: I emailed them that some emergency arose in my family and I will not be able to come to office for 7 days. I also mentioned about my sickness on [deleted], [deleted] and [deleted] : I got letters from the bank to join the bank immediately 15th nov 2016: I further emailed them and told them about my sickness and asked for further leave. On 12th jan 2017: I received email from personnel department to join the bank. On 16th jan 2017: I asked for the resignation and also stated that I will compliant with the procedure On 18th jan 2017: I got reply that my resignation cannot be accepted and I have to report to the doctor for medical evaluation. On 7th feb 2017: On advise of my senior I took my resignation back and sent them medical certificate stating illness till 31st october 2017. I stated about illness of my parents and I requested them to temporary transfer me so that I can look after my parents. I also said that I am hopeful to join duties in march but not committed. I sent another letter and asked for regularizing my leaves on no pay basis and I attached medical certificate stating illness till 31st october. On 3rd may 2017: I received email to report on duty but somehow I missed the email. I have not replied yet. On 14th july 2017: I asked for resignation and also sent hard copy with reg post and A.D. I asked for apology caused to the bank and said that I am ready to pay all obligations on my part as per appointment letter. I am quoting the clause of my appointment letter: " Even on confirmation in the service of the Bank, your services are liable to be terminated by 3 months' notice or on payment of 3 months' emoluments in lieu thereof. If you are desirous of leaving the services of the Bank after your confirmation, you shall give 3 months' notice in writing to the Bank." Sir, I am still in probation and not confirmed. I called HR manager twice and asked him to tell me the procedure to resign. He cut off the phone and said he had no time for me. I have not been informed about any disciplinary action initiated against me yet. In my recent resignation letter, I asked for resignation with immediate effect and mentioned about the FD of Rs 80000 already lying with them. I also stated that I am ready to pay all the dues on my part. Please suggest Sir what are the chances that Bank will relieve me and also advice for further action If bank did not reply. One more query: what will be the consequences if Bank did not accept my resignation and instead terminate me. I read one judgement of Supreme court , "A government employee, who remained absent unauthorisedly from duty, can not be proceeded against until, the authorities proved that his absence was willful and was not result of some compelling circumstances". http://www.deccanherald.com/content/227524/employee-can-removed-only-wilful.html
1) it is better you rejoin the bank
2) submit your resignation and serve the 3 months notice period
Please suggest Sir what are the chances that Bank will relieve me and also advice for further action If bank did not reply.
The bank may initiate disciplinary proceedings for having not replied to the notice served on you.
the bank is not bound to reply to your fancied letters with vague reasons.
In fact the bank's tolerance towards your unauthorised leave so far is a great thing, especially when the bank has still given you opportunity to rejoin which were neglected by you.
One more query: what will be the consequences if Bank did not accept my resignation and instead terminate me. I read one judgement of Supreme court , "A government employee, who remained absent unauthorisedly from duty, can not be proceeded against until, the authorities proved that his absence was willful and was not result of some compelling circumstances".
The bank will be able to prove before court that your leave was unauthorised and it was willful and intentional especially when you refused to get referred to the doctor for medical evaluation.
There are lot of technical flaws in your side which would lead to termination of your employment and you may not be able to defend yourself.
However even now you may send your resignation by registered post and demand your relieving letter as well as you may express that you are ready and willing to adjust the notice period payment from the FD held by the employer hence you may be relieved accordingly.
If this fails to fetch proper response or fruitful result then you may plan to initiate legal actions as per law on this
dear Sir, I am writing after a long time. Please read my earlier queries also on the same issue. I submitted my resignation in month of july through registered AD. I was served disciplinary action and punishment of "censure" was taken against me. It is a minor punishment and I accepted it. Then I was called for exit interview and I filled the form for that. In the entire period I remained absent and did not join the bank as I have already stated in the letter that I cannot join the bank and I am ready to pay for the breach of agreement which is 3 months' salary. Now on 8th of January I got a mail from them that My request of resignation has been declined by the competent authority. But sir,when I have already been punished for the unauthorised absence with the punishment of censure and I had already submitted resignation which was followed by exit interview, then on what basis my request can be declined? Is it not the violation of article 19 of the constitution? Cant civil agreement be terminated by paying the amount written in the agreement? I talked to my zonal manager and they are saying that head office had given them such directives. They want to take disciplinary actions against me as they were not satisfied with earlier punishment of censure. How can I be punished twice for the same offence? What should I do now as they have blocked my future by keeping me stuck at the bank. I cannot join any other organisation because I do not have relieving letter from the previous employer.what is the optimal way of getting my work done? If I take them to the court how are my chances of wining?
You dont mention anything about your previous employment in the new employment.
You can join as a fresher without furnishing any details of your previous employment experience and dont bank upon the previous experience for any privilege in the new employment.
Since the bank has not given anything in writing about the new or additional punishment you can remain silent about it however if they make any fresh pronouncement then it will be affected by the double jeopardy law.
You can take it up as double jeopardy i.e., punishing twice for the same offence is contrary to law.
This leave without absence is not a heinous crime that the employer is trying to blow it out of proportion.
You can take it up through court if law if the pressure is consistent
it is at the discretion of employer to waive the notice period
2) in your case your resignation was not accepted by the employer
3) you should rejoin duty to avoid any further disciplinary action
4) litigation is long drawn and expensive proposition
Sir I have been selected at some other organisation. I gave interview after submitting my resignation. But I had mentioned about the previous employment to avoid the suppression of facts charge against me. I have to join the organisation in March/April but relieving will be required. I do not want to join the bank again and I am ready to pay for the breach of agreement. They did not mention anything about serving the notice period when they declined my request of resignation. Even my exit interview was also taken.How can I held be captive when I do not want to work and ready to pay for the breach of agreement. Is it not unconstitutional? Please tell me if Relieving is my right or not? If I go to court how long it can take?
You are entitled to relieving letter if you have served the notice period
You cannot be forced to continue working in the bank
Court proceedings take years to be disposed of
Yes getting the relieving is your right and the bank can not force you to be in employment in a situation where you are ready to pay the money.
If it is a government bank then approach the HC else approach the civil court and obtain an order of injunction.
regards
First of all you may go through the employment offer conditions.
In that if the clause for resignation permits you to pay the notice period you may invoke that clause in your letter for resignation which should be sent by registered post.
If there is no response then you may plan to send a legal notice on the basis of the conditions in the employment letter and instruct the bank to relieve you invoking the said clause of offer letter, failing which the bank may be dragged to labor court for harassing the employee or can file a writ petition before high court.
Sir, I sent them a mail to reconsider my request for resignation. I also called them to suggest a solution so that this deadlock can be resolved. But they are not cooperating. I asked the reason for the declination of resignation. But they told me that head office has not given them any reason. With the help of my contacts I came to know that the competent authority has put the remarks of "absconding" on my profile. I have been in constant communication with the bank. When I was served the punishment of "censure" I sent them acknowledgement too. I submitted my resignation and my FD is also forfeited by them. It was also followed by exit interview. Then how can this be a case of absconding? Please suggest me what are the options I have. Should I file RTI to know the status of my resignation so that I can know the reason? If I go to the court,and my matter is not resolved and I get a call for joining from new employment then will my new employment be cancelled? What are the consequences of absconding remark?
You can file RTI application if you so desire
2) you should challenge decision of company to declare you an absconder before CAT
3) in case you get another job disclose all facts to your new employer
Sending a mail to reconsider the request for resignation will not be an evidence, you have to initiate legal action by sending the communication through a legal notice sent by registered post to the authorities concerned.
You will get reply with the reasons for pending disposal or the decision taken in your case.
You can approach high court with a writ petition if your grievances have not been addressed by the bank authorities.
No new employment will not be cancelled if you file a case.
Yes you can file RTI and seek information
Absconding remark draws a bad review
Regards