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Tushar (XY)     22 December 2012

Notice period & bond money psu bank

Hi Sir,

My wife was working with a major PSU bank but had to leave her job post marriage as she was posted in a different far off location. She left the company on May 7th 2012 without serving the 3 months notice period by giving resignation letter over E-mail and later in writing too. She had signed a bond of 2 years (For Rs. 50,000 / -) at the time of joining. She joined the organization on August 2010 and her bond was about to get over on 1st August 2012.  The company has accepted the resignation but on some terms and conditions. They have asked to pay bond money of Rs.50,000 and salary for 3 months which amounts to Rs 76,000 which sums upto Rs.1,26000 /- which is too huge for us to pay. Now my query is since her bond period was getting over on August 1st 2012 then why should we pay bond money as we have been asked to pay 3 months salary for notice period. Because if she had served notice period then it would have been till 7th August 2012 which is beyond her bond completion date.

Waiting for your reply

Thanks in advance.

Tushar Mittal
 



Learning

 1 Replies

Kumar Doab (FIN)     22 December 2012

If the bank has accepted the resignation in writing and lady has received the acceptance in original then at least it won’t be able to resort to tactics e.g. abandonment/ abscondment resulting in misconduct ….leading to termination etc…

However ban may not issue any work experience/service certificate, relieving letter and may even sit on attestation of PF forms { If bank has its own PF trust you may obtain the rules}, issuance of FNF statement, Form 16 etc…

If married lady was posted to a far off location the lady should have approached in writing under acknowledgment, the immediate and superior authorities up to the o/o Chairman requesting for a transfer explaining hardships being faced by her and should have submitted reminders. This would have helped to build a favorable record and a fitting case. Lady could have sought support of the staff union. The majority of the PSU banks have their recognized transfer/placement policy, unions and negotiated settlements with the management which may be available at the website of the employees/staff union. The staff union may provide court judgments in similar cases.

The employee should mention the reason of leaving in notice of resignation/resignation e.g. violation of its own transfer/placement policy etc as transfer the onus on employer/ misconduct by employer and term the employer as unworthy of being employed with.

If facts { documented}  are on the side of employee it can help.

The service agreement/bond might be in violation of the standing orders of the bank.

Such matters are best resolved by applying exceptional levels of persuasion, persistence, negotiation, reasoning skills, while in service.

Bank is asking for notice pay and bond amount as contractual obligation out of employment contract signed by the lady.

The lady should obtain copy of job advertisement, HR policy, service rules, standing orders of the bank, exit/separation/severance policy and show these along with appointment letter, bond signed by the lady to a competent and experienced labor consultant/service lawyer.

The conditions expressed in the bond have to be reasonable.

You may find the attachments useful.

You may try to have prorated settlement of the bond,

say 50000/24*3=6200

and

notice pay @ Basic + DA.

However obtain the consent in writing from competent employee preferably o/o appointing authority, MD, Chairman, and concurrence that NOC/NDC, reliving letter {Reliving letter is issued post all settlements signifying that nothing is due against employee, and employee has been properly relived. Next employer may demand reliving letter.} Service certificate/work experience certificate, reliving letter, along with correct FNF statement {showing adjustment of bond money, notice pay, leave encashment, bonus etc} payment of FNF dues, Form 16, etc shall be issued and supplied.

Banks are covered under SE Act.

e.g.

SE Act Delhi:

30. Notice of Dismissal.

(2) No employee who has put in three months’ continuous service shall terminate his

employment unless he has given to his employer a notice of at least one month, in writing. In case he fails to give one month’s notice he will be released from his employment on payment of an amount equal to one month’s pay.

Bank

Valuable advice of learned experts/members is sought.


Attached File : 604532290 delhi shops & establishments act, 1954.pdf, 604532290 417759075 validity of employment bonds.pdf, 604532290 background paper.pdf downloaded: 419 times

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