Leaving a foreign babank job before completing notice period
Kumar
(Querist) 22 February 2016
This query is : Resolved
Sir,
I had subaited my resignation from the manage post 11th Jan 2015. Fort the Business head agreed to relieve me upon making notice peroD pay ,to which I agreed. Now it's about 45 days, and today informed me that I have to serve the full notice period of 90 days.
But I had acepted another offer where I have to join immediate. This I accepted on the verbal approval of my present organisation initially.
Now ,I would like to know the legal implications of leaving my present organisation after giving a formal letter.
I don't have any assaignment to finish, no deciplinary actions are pending against me, and am willing to make payments t in lieu of the unsealed portion of my notice period.
Please advice.
Whether I can demand a relieving letter from them in future?
Guest
(Expert) 22 February 2016
Mr. Kumar,
Have you referred to the terms of your appointment, as would have been conveyed to you through offer or appointment letter? If not, check the same. Even the experts may not be able to give appropriate advice on legal implications of your resignation without knowing the terms of your employment.
Kumar
(Querist) 22 February 2016
In the offer letter the notice period is gI've as 90 days on either side. Also given that the bank can relieve me before 90 days by paying the notice period pay . But at their discretion.
Kumar
(Querist) 22 February 2016
In the offer letter the notice period is gI've as 90 days on either side. Also given that the bank can relieve me before 90 days by paying the notice period pay . But at their discretion.
Adv. Yogen Kakade
(Expert) 22 February 2016
As per the terms which are already agreed and accepted by you.. you are bound and liable to act accordingly..
If the terms are merely orally agreed, you can challenge the same.
Guest
(Expert) 22 February 2016
Dear Kumar,
Evidently, the bank has made one sided provision of relieving the official before 90 days at their own discretion. No relaxation is made for the employee to get relieved with a notice for less than 90 days, even on payment of the salary equivalent to the period short of the prescribed notice period. Of course, this arbitrary clause is void in the eyes of law. But, you don't have any scope of waiting for the outcome of any legal action, if taken by you against the said clause.
However, if you feel to get any further advice based on examination of the contents of the offer letter, you may like to send a scanned copy of the same through email at: 1962dcg@gmail.com
Rajendra K Goyal
(Expert) 23 February 2016
Agree with the advice from expert P S Dhingra.
