• Is it legal that my company is not providing me relieving letter

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.
Asked 7 years ago in Business Law

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15 Answers

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

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

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

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

1) it is better you rejoin the bank

2) submit your resignation and serve the 3 months notice period

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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

Ajay Sethi
Advocate, Mumbai
96829 Answers
7812 Consultations

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.

T Kalaiselvan
Advocate, Vellore
87030 Answers
2337 Consultations

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

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

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