Dear Sir/Madam, I have joined in Bank of Baroda as a Specialist officer(Marketing) on 18th July 2016 and worked for one year then I submitted my resignation on 24th July 2017. I did not attend to my duties from 24th July 2017 ie. for past 63 days Instead I offered to pay 3 months Gross salary in lieu of 3 months notice period in addition to the Service Bond of 1.5 lac.But my HR is insisting me to serve the notice period of 3 months. I also received notice for Unauthorized Absence in which they have mentioned to take disciplinary action against me. My offer letter simply states that, "During the period of probation or extended period of probation,if any, and until you are expressly confirmed in the service of the bank in writing, your services will be liable to be terminated by one month's notice or payment of one month's emoluments in lieu thereof. If you desire to leave the service of the bank, either during probation or after confirmation, you shall be required to give three months notice to the bank in addition to the payment of bond money". It did not explicitly mention about paying 3 months gross salary instead of serving notice period. i would like to know what would be the best course of action for me now? should i attend my duties or can i avoid it by paying 3 months salary? what disciplinary action i could face? I am presently preparing for civil services exam so will this effect my career in any way?
1.if there is way way to terminate the job with one months notice then do send such notice and seve the noticeperios.
2.From the clause you have mentioned there is no whisper of 3months of notice period service.
3.So under the circumstances you can serve one month only and then you will be free ot all obligations.
4.If You serve notice period or pay in lieu thereof there would be no scope of adverse impact on your career.
All the best.
You should report to office and serve the 3 months notice period
2) it is at discretion of bank to accept salary in lieu of notice period
3) if you fail to attend office you would be declared an absconder and dismissed from service
4) it would affect your career prospects
thank you for your answer sir @ Devajyoti Barman and @Ajay sethi. My question to Ajay sir is since i have given my resignation will i be still considered as an absconder ? and is there no chance for me to avoid serving my notice period?
You cannot avoid service of notice period
Employer can declare you as absconder as you have been absent from duty unauthorisedly
Whether the HR has responded in writing to serve the notice period while acknowledging your resignation letter?
If so, you can give a reply in writing stating that you are ready and willing to pay the notice period as mandated in the employment offer letter along with the payment of the bond amount
Create all records in writing and secure them so that you can use it at a later stage to defend yourself in case the bank is likely to initiate any legal action on you for this.
In my opinion, the management may not press the demand to serve the notice period if you have explicitly expressed your willingness to pay the amount.
My question to Ajay sir is since i have given my resignation will i be still considered as an absconder ? and is there no chance for me to avoid serving my notice period?
No doubt the bank may set aside your resignation letter and declare you as an absconder, but you can defend yourself properly on the basis of the resignation letter copy stating that you have very clearly expressed to resign the job, hence as per law you cannot be forced to work against your wishes anymore.
You can defend the case based on the steps you have taken as per law in this regard.
1. The clause extracted by you does not obligate the bank (employer) to accept the salary in lieu of notice period. You are bound to serve the notice period.
2. Nothing stops the bank from accepting the salary in lieu of notice period, but the banks seldom do so.
3. After submission of your resignation you ought to have served the notice period. Offer to serve the notice period even now as any disciplinary action will be a permanent taint on your profile which will jeopardize your career prospects.
