• Denial of giving discharge certificate

I joined Bank of India in September 2017 as a Probationary officer. I also gave Interview for same post in SBI just before joining BOI. Later I got a call from SBI too. On getting the call from SBI, I submitted my resignation in BOI on 03/11/2017. As per their policy, a leaving employee should serve a notice period of 3 months. I submitted another letter to them on 20/11/2017 to treat 26/12/2017 as my last working date and release me accordingly. I didn't received any conversation from them till last date and hence left the organisation (BOI) on 26/12/2017. I sent BOI letter stating that I will not be serving them anymore on 26/12/2017 and 27/12/2017. After this I joined SBI on 29/12/2017. Later I received a reply from BOI on 01/01/2018 which said that they had accepted my resignation by letter dt. 03/11/17 and I will be released on 02/02/18 after 3 months notice. I was not in position to join BOI back as I had started working in SBI. 
Later BOI sent an intimation to SBI about my working in their organisation. SBI issued me an explanation letter asking to explain my position regarding my working. BOI had denied giving me discharge letter as I had not served the notice period.
Please advise me how to proceed in this matter. How can I explain my clear position to SBI.
Asked 6 years ago in Labour

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15 Answers

Whether is it mentioned in the BOB appointment letter as below points in clauses.

Check the termination clause in the appointment letter .

The details of the clauses in Appointment Letter pertaining to resignation are as follows:

The appointment letter says "It is also understood and agreed upon confirmation of your services:

(i) The employment may be terminated by either party without assigning any reason by giving the other party three months notice or pay in lieu thereof

(ii) Notwithstanding anything to the contrary contained herein, misconduct on the part your part will entitle us to terminate your services without any notice or pay in lieu thereof"

(iii) "You shall be bound by the Company\'s Service rules and regulations as applicable to senior members of staff, save the terms and conditions explicitly specified in the contract of service, including any other rules and regulations that are in force from time to time."

Service regulations say that it is the discretion of the company whether or not to accept notice pay.

In essence they can ask us to serve the complete notice period by rejecting the offer by employee to pay for shortfall in notice.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Explain the difficulty that you had faced in your reply to SBI.

Clearly mention in your reply, that you offered to buy-out the remaining notice period(such period out of 3 months which you could not complete/serve), but you received no reply from them.

Also mention that you are still wiling to compensate BOI for having failed to serve the entire period of 3 months.

At any time things get ugly, the High Court is there to your rescue.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hi, you can file a civil suit against BOI for declaration and asking of your discharge letter

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

You were bond to serve the 3 months notice as per terms of your appointment letter

2) since you failed to serve the notice period no relieving letter has been issued to you

3) you should offer to pay salary in lieu of shortfall in notice period

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

Hello,

What is the clause with regards to this in the service agreement?

Is there any agreement by means of which you may give some salary in lieu of the notice period.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

You are entitled to receive reply from the organisation

2) you are bound by terms of agreement and have to serve 3 months notice period

3) if you have not served bank would not issue you discharge certificate

Ajay Sethi
Advocate, Mumbai
96768 Answers
7805 Consultations

1) You can meet the BOB Branch Manager or Divisional Head, under whose your concern going on and try to convince them that you are ready to pay 3 months payment and ask them discharge certificate or reliving letter.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Later BOI sent an intimation to SBI about my working in their organisation. SBI issued me an explanation letter asking to explain my position regarding my working. BOI had denied giving me discharge letter as I had not served the notice period.

Please advise me how to proceed in this matter. How can I explain my clear position to SBI.

The notice period during the period of probation is to be seen for the condition in this regard.

If you were under probation at the time resigning the job, then probably the notice period shall be on month alone.

You may confirm this.

Further, you may issue a legal notice to the BOI stating that you have already tendered the resignation properly on 3.11.2017 and it is not the fault of the employee for the employer's late decision on the application.

You can demand the relieving letter immediately.

You can endorse a copy of this communication to the SBI office also.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

You are right that the BOI management should have initiated action from the date of receipt of your application

You can fight it out legally.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

Yes, this agreement is valid.

Having a 3 months notice period is not unreasonable. There's nothing which is unreasonable or arbitrary in the clause cited by you from your service agreement. Having said that, there could be no agreement in restraint of trade and profession and definitely, if you have better work opportunities, you cannot be prevented from choosing the same.

Contact a local lawyer having experience of handling service matters so as to draft the reply that you have to submit to the SBI Bank. Inform the Bank vide this reply, that though you have applied for the discharge certificate, you have not received the said certificate till date.

At any time the things get ugly, you will have full option to approach the High Court and seek a requisite relief.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

file a suite with the civil court pls call on

Anwar Zaidi
Advocate, Mira Bhayandar
231 Answers

1. You should have come to this forum before resigning from BOI for taking appropriate advice.

2. You would not have faced any problem had you returned the amount equal to the salary of the balance notice period to the BOI along with your resignation letter towards the salary in lieu of the notice period.

3. Not for scarring but for cautioning you it is informed that you were in employments with two different PSU banks since 29.312.2017 to 2.2.2018 which is not acceptable by service conduct rule of PSU Banks for which SBI might take adverse action against you.

4. Try the only option left before you now by paying BOI the said two months basic salary in lieu of the balance notice period and tray for advancement of the release date to ensure that SBI does not take any adverse action against you.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

1.You have not complied with the terms of the agreement for resigning from BOI which you had signed while joining them.

2. You have not asked any question to them for which you can not accepted any reply.

3. You have just resigned for which the bank has accepted your resignation letter with effect from the date when the three months notice period gets over.

4. Meet the Administrative Department of BOI and offer to pay the salary in lieu of the balance notice period as advised in my earlier post and act accordingly.

Krishna Kishore Ganguly
Advocate, Kolkata
27452 Answers
726 Consultations

this is not a valid termination clause and stands in violation of sec 27 of the Indian Contract Act.

BOI has not done act at par with the law and you may file a case against them for such arbitrary action.

Regards

Anilesh Tewari
Advocate, New Delhi
18089 Answers
377 Consultations

Dear Sir,

Your step is correct. In the given circumstances and in view of your future career you have given a notice of one month as prescribed under agreement and left the earlier bank. The BOI unilaterally cannot frame rules saying that they can issue only one month notice whereas outgoing candidate has to issue three month notice, such clause will be struck down by Court. You must explain to the SBI your stand accordingly and submit in sincere words that you are more interested to serve SBI rather than BOI. Also explain to SBI that he will face the penalty if any imposed by BOI and will challenge the same before High Court. If anything adverse happens immediately rush to the High Court and get a stay order.

Kishan Dutt Kalaskar
Advocate, Bangalore
6179 Answers
490 Consultations

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