Legal Question in Employment Law in India

Hi. I am working in an old private sector bank as Officer Scale 1 since 2010. I got an opportunity as Officer Scale 3 in nationalised bank. I put resignation notice last month and requested my HR to relieve me immediately and i am ready to pay 3 months salary. They did not consider my request and quoted the agreement signed by me which says "In all the cases the management reserves its right to terminate your services at any time during the period of probation without assigning any reason there for, by giving one months notice or one month's salary in lieu of notice. Services of an Officer can be Terminated by the Bank at anytime by giving THREE months notice or THREE months salary in lieu of notice after confirmation. If you wish to leave the services by way of resignation or otherwise, you have to give three months notice in writing and serve the entire notice period". They replied me that I will be relieved in April and I should take only 1 leave per month and if I take leave other than that my relieve date will be further extended. My new employer is forcing me to join immediately and informed me orally that he cannot give time extension. I have forwarded my request letter along with letter received from old bank and requested my new employer to give me time. He orally told me that he will give me 10 to 15 days time. I am in a dilemma. I am also physically challenged person. Kindly advice me.


Asked on 2/13/16, 6:40 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.02.2016

Dear Sir / Madam,

Politely make it very clear to the existing private sector bank in writing that the same norms and conditions applicable in the event of termination by the Bank will apply in the case of resignation by any employee too. Thus, since the Bank has consented to giving you three month's notice pay as salary in the event of termination in your Appointment Letter, they remain liable to accept three months notice pay (Basic Pay only) from you in the event of your resignation. Taking into consideration the typical routine nature of duties and responsibilities for all Management (staff Officers & Managers alike) in any Bank, a month;s notice is more than sufficient to complete all pending work, and handover responsibility to another Officer of the Bank's Management. Secondly, express your desire to the new Bank that in view of their urgency to have you join them immediately, they should consider paying up for the two month's notice pay that you will have to pay to your existing Bank, else tell them that you are trying your level best to join them at the earliest. Request the new Bank's decision in writing. Simply ignore and do not take cognizance that you are differently abled.

Regards,

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Answered on 2/13/16, 7:07 am


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