I have joined Regional Rural Bank in July 2011 as probationary officer. After two years of my services in bank I confirmed in services. In January 2018 I got promoted in internal promotions of the bank as Manager scale 2. Now again there is a probation for one year. Also I have also been selected in another Regional Rural Bank as probationary manager scale 2 which is nearby my native place. So I want to re-sign from current bank. But my present bank is asking to submit me three months prior notice period for resignation. While in probation the prior notice period is one month. HRDD is not giving me anything in writing. Also if I serve one month prior notice then will I have to pay the two months emoluments only or three months as whole? The emoluments means the basic salary or gross salary? What should I do? Where should I file an RTI application?
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You have to serve one month notice period as you are in probation for period of one year
2) if your appointment letter mentions 3 months notice period then only you have to serve 3 months notice period and if unable to serve pay salary in lieu of notice period
3) it is at discretion of employer ru accept salary in lieu of notice period
4) appointment letter would mention whether emoluments are gross or net salary
The registration is based on conditions of service contract and the appointment letter.
Also the rules by which you are governed.
The period of the notice will be calculated as whole so even you serve 1 month notice than you have.to pay for 3 month as if the condition specifiecs for 3 months.
Emoluments basically the last settlement amount and in most of govt. Undertaking taken as gross salary as including DA and other benefits. I would advise you to contact the Union or the association of you bank employees they have service rules and will guide you.best.
File a RTI against the agreived bank.
There is no one agency to file against all bank under it.
As they are saying that this probation after promotion is different than the previous one (which was since joining in the bank).
No, probation is similar, and if they are saying so then let them give in writing under reply to your RTI that under which norms they are saying so.
The emolument means the gross salary.
Please check with HR and service conditions prescription or service rules and give notice as per the service manual.
If it is a possibility that the new job you gave the opportunity to join after 2 more month as the salary I believe will be same the join letter peacefully.
May be they are right you shod copy of rules regarding same by way.of.written application to the HR department or the concerned department. The rules.will.clarify your situation. And on basis of that you can file.your representation.
It appears contention of bank is you were confirmed employee and on promotion placed in probation for one year
It is better you serve 3 months notice period
In alternative offer to pay salary in lieu of notice period
As your appointment terms are clear about 1 month notice then serve the same. Don't wait for 3 months. Legally they can't compel you to give 3 months notice.
Better read through terms and conditions that you signed when you joined whether " probation after promotion is different than the previous one " any clause is mentioned identical to this..If not serve a legal notice on them asking you to release with one month notice period. Suppose if clause mention that you need to serve three months notice ask your new organisation to get the remaining two months period adjusted with your old bank
You are under probation only for the present post otherwise you are a permanent employee hence you to comply with the formalities applicable to permanent employee.
The employer is right in his observation.
You will first have to inquire about this thing by means of an RTI.
File an RTI asking them about the situation that you are in.
If the service rules provide for 3 month notice in this probation also then you will have to serve the same, failing which you will have to pay two months salary.
You may do both the things simultaneously i.e., giving notice period and filing RTI