• Resignation

Sir 
I am working in public sector bank. I have given resignation on 19/07/2018 that my resignation will be effective from 30/07/2018. I have to join other department on 02/08/2018. Earlier I had taken permission for exam. But my higher authorities are saying that you have to serve notice period. I am also ready to pay salary in lieu of short notice period.
Can they force me to serve notice period? Or can't they issue noc?
Kindly suggest me what should I do as soon as possible.
Asked 4 years ago in Civil Law

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11 Answers

Please quote the relevant notice period clause from your employment agreement here so that we may peruse the same and give you a concrete advice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

It is st discretion of management to waive notuce period

2) you have to serve notice period of company rejects your representation

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello

Usually the notice period should be served and you should have informed them that you have been selected in the exam and will be joining another company shortly. By you can request them that they waive off the notice period and in case they don't then tell your new organisation that you will come there after serving the notice period.

Regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

Hi, if your employment agreement has a provision , then you can opt out by paying the service period ..

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Sir what are terms of your employment if there is condition that you can pay in lieu of notice period than they have to accept your resignation otherwise you have to as per condition serve notice period then only they shall provide you with relieving letter.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, as you have stated that you have to join another department very soon in the next month, and so obvisiously you can’t serve the notice period.

Secondly, generally there has been a clause for in the agreement of service for not serving the notice period.

Thirdly, some company ask for one mothe salary some ask for three months.

Fourthly, but at any cost, they can’t deny you the NOC as it is your right to join somewhere else.

Fifthly, if they really want to stop you then they should have mentioned that also in that agreement.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Dead Client,

You have to fulfill condition of notice period, otherwise organisation have right to deduct from salary for the remaining period for not fulfilling notice period condition. You may leave the bank, but HR of bank may deduct from salary.

Jaswant Singh
Advocate, Gurugram
926 Answers
2 Consultations

4.8 on 5.0

Please first go through your appointment letter and see T&C. If there is condition that to serve notice period from either side then you can pay them one month's salary and rid off. No one can held you up in these circumstances, if so there is so many legal courses open to you.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear Client,

Law is clear, non can be forced to work agasint his/her wish but you are bound to pay salary in lieu of short notice period.

Still not than you are open to drag them in administrative tribunal for acceptance of resignation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

In your resignation letter you should have indicated that you are willing to compensate for the notice period by paying the amount as per rules and conditions of employment.

If you have not done that, you may indicate about it at least now and give your willingness in writing to the authorities so tht they will deduct that amount from your final settlement amount.

You may look for amicable ways to move out peacefully instead of creating problems for yourself.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

You will have to serve the notice period as per the terms and conditions of your appointment letter/ contract. Otherwise they have the right to initiate legal action against you for breach of contract.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

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