• Resignation from public sector bank

I have been working in central bank of india as a clerk for 1.5 years.Due to my interest I want to prepare for civil services that is why I have resigned from my job on 27/02/2019 and serving notice period of one month which is about to expire on 31/03/2019 (If i include two days of casual leave availed by me).Yesterday HRD sent me a letter and told me your resignation will not move for further action without your consent and took a receiving from me.The letter had this term -
"It is informed that you cannot be deemed to have relieved on expiry of your notice period unless and until a specific communication in this regard is received by you from the management."
So I want to know is it necessary to wait for bank's permision even after serving of notice period.What if bank will not give me permision even after expiry of my notice period because they do not want me to leave my job and creating hurdles for me.
What should I do now beacuse I want to be free as soon as possible and want a relieving certificate so that it will not create any problem to my future employment.
Asked 6 years ago in Labour

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13 Answers

See after the expiry of notice period the bank shall relieve you and further in case bank fails to relieve you , you can proceed for legal.action against the bank.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You must wait for bank to relieve you

 

the letter received from bank is self explanatory that unless specific communication is received from management you would not be relived on expiry of notice period 

 

2) if you leave after 31 st March bank may not give you a relieving letter 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Dear client, 

Once notice period served , You are no more bound to work with bank even if if not accepted. And relieving letter , You can claim by complaining Labour commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1) If you had followed the termination clause of the employment agreement than no need to worry about it. You are free to move from 1st April 2019 onwards.

 

2) Before moving you have to reply to the HRD letter and ask specific reason by mentioning the termination clause as reference and ask cross questions accordingly.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You can leave the office once you have served the notice period. The bank can't compel you to work after the notice period

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You are not bound to serve after the completion of contractual notice period. 

2. If relieving letter is not issued after the completion of notice period then you may firstly serve a lawyer's notice to the employer and if you are still not relieved then a suit for mandatory injunction can be filed.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

1.  Typically a employee CANNOT be deemed to have been relieved from his service, UNLESS & UNTIL, it is done after due procedure of the service rules.  This includes handing over of all cash, records & registers and all documents in your possession (if any) and any other proceedings against you.

2.  The above requires the consent of the Dept. Head and till his okay is received, you will not be receiving the "relieving letter" from the management.

3. You can put them on one more notice for another 15 days, declaring that on failure to issue the "relieving letter", it will be deemed to be acceptance without any further reference.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need reliving letter then you have to stop going though after notice period you are entitled for same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

bank would not issue you  any experience certificate if you stop going to bank on completion of notice period 

 

2) hence had advised you not to stop going to bank on completion of your notice period 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Yes you can stop once your notice period is over. Legally they can't bind you more than that.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1.  Give one more notice and then AFTER 15 days, request for "experience certificate".

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

The bank cannot force you to work if you are not willing to continue the work.

You can issue a legal notice to the bank to issue a reliving letter since you have resigned the job by observing the rules in this regard properly.

After that you can take steps to procure the same legally so that it do not hamper your future career elsewhere

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Yes, you can stop attending the office after having served the statutory notice period, they cannot force  yo to work or continue the same till the time they issue a relieving letter

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

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