Unconstitutional relieving from the services
Querist :
Anonymous
(Querist) 22 November 2017
This query is : Resolved
I put my papers due to the mental harassment by my reporting authority by mentioning the resignation comments and the reason of resignation was "Issue with Reporting Authority". Still the resignation was approved by same reporting authority.
Moreover On Seniors insistence I have withdraw my resignation on 40th Day of resignation by marking the CC to HR People as well along with few people of leadership.
Still, On 87th Day I have been asked to get relieved on next working day, As they would not be able to retain me.
Moreover, It was the conspiracy of the reporting authority as after my resignation withdrawal request they issued me a Performance Improvement Plan without any reason just to spoil the image before the senior of the bank.
and kept me in the impression that your resignation has been withdrawn Since there is no rule of serving PIP to resigned staff.
It was there intention to make me in the impression that my resignation has been withdrawn So that I would not be able to find the new job.
As per the discussion with the advocate ::
1.) If you have the issue with the reporting authority than the same reporting authority can not accept your resignation as It's against the principal of natural justice.
2.) Issuing PIP against my resignation withdrawal request means, my resignation has been deemed withdraw.
Please guide further.
Guest
(Expert) 22 November 2017
What is constitutional relieving and what is unconstitutional relieving. Constitution of India has nothing to do with your relieving on resignation or placement on PIP.
In fact, you have not been able to describe your problem properly. Now please intimate, whether you are on PIP or relieved from the post and on what exact problem you want to ask for solution from the experts? If have been ordered to be placed on PIP, you cannot be said to have been relieved from the post on resignation.
Querist :
Anonymous
(Querist) 22 November 2017
Dear Sir,
1.) If I resigned due to the mental harassment by my reporting authority and the reason of resignation in the system is "Issue with reporting authority", than How could the same reporting authority can approve my resignation.
2.) And when I put the resignation withdrawal request over the mail on 40th day, than How could the company can relieved me after 90 days.
3.) After resignation withdrawal request senior issued me PIP on 44th day for some of the responsibilities, which was completed by me as well. and the tenure of the PIP was for 2 months and I have been relieved before the completion of the tenure of the PIP as well.
4.) None of the company can issue the PIP to a resigned staff as a normal HR practice.
Guest
(Expert) 22 November 2017
Why accept PIP. You can still resign before going for PIP.
Querist :
Anonymous
(Querist) 22 November 2017
I did not accept the PIP on the mail. the technical issue is that when I have been given the PIP. I was already on the 44th day of notice period.
My concern is that how can a company issued a PIP on notice period.
Kumar Doab
(Expert) 23 November 2017
AQ................so NO reply....
Kumar Doab
(Expert) 23 November 2017
Pls pot with your ID and you can get many replies................
Guest
(Expert) 23 November 2017
If you appreciate irrelevant advice by Mr. Kumar Doab through his 2 vague posts, you may give him at least 10 "LIKES."
However, you can feel free to ask him why he wants to know your ID, when himself appears with his fake name.
Dr J C Vashista
(Expert) 24 November 2017
Sorry, no reply to an anonymous author.
Guest
(Expert) 24 November 2017
When PIP not accepted, you may better resign now, itself.
Querist :
Anonymous
(Querist) 24 November 2017
I am mentioning my Id in the bottom of the text.
Please now help me.
Gist of the case ::
Employee’s resignation (which was due to the frustration of the months on months), which was approved in unauthorized manner as the resignation reason was “Issue with Reporting Authority” and still the resignation was approved by the same person against whom the employee has made the complaint Moreover I have been relived from the services of the Bank, though I have made the resignation withdrawal request with in the notice period and way before (48 days before) the last working day (i.e. 10th July 2017).
Employee has resigned with the reason “Issue with Reporting Authority” and specifically mentioned the reason in the comments.
On which Bank Says that, It was a voluntary Exit (They are silent with regards to the reason of the resignation reason and the role/function of the Human Resource Department) with the response like that they have separated the resignation and the reason of the resignation. As per senior HCM Official they have enquired on the reason of resignation and they are not bound to inform me the outcome of their enquiry and I was not the part of that enquiry, who raises the concerns/issues. Moreover they have justified the approval of my resignation as it was resignation which has to be processed anyway, As they have treated it separately.
Moreover, there is a strict threatening with regards to the further possibility of employment by not providing the positive reference check, if I escalate this issue further.
Case Details ::
I joined Yes Bank Ltd on 8th April 2016 as Branch Service Delivery Leader at Gwalior (M.P.) Branch.
1.) On 10th of April 2017 I put my resignation with the resignation reason “Issue with Reporting Authority” in the system due to the frustration and non support of my reporting authority Mr. Anand Chourasia ( Branch Business Leader / Branch Manager ) and non support of my senior / cluster leadership ( Mr. Prashant Pande, Cluster Service Delivery Leader / Mr. Yuvraj Singh, Cluster Business Leader ).
Apart from that I have also mentioned the comments in my resignation “One of the bad hiring has spoiled the culture of entire branch and No support from cluster leadership” due to the continues misbehave and irregularities in working of a particular staff Ms. Sonali Upadhyay, who is the relative/very well known to our senior Mr. Prashant Pande (Cluster Service Delivery Leader).
Why I put my resignation :: On 10th of April 2017, on my repeated instructions Ms. Sonali Upadhyay has not processed the Outward Clearing Cheque(s) received from the Customers for collection in the bank’s system and due to which entire clearing for the day has not been processed and the same will attract the unnecessary customer complaint due to the financial implications on the customer, As their payment would be delayed by a day due to the intentional mistake of the bank staff.
That was only one of the example, the similar kind of instances use to happens over and over again, I was kept facing the issues for the past few months with regards to the said employee, Due to which the branch functioning keep got affected in all the manners ( such as customer service, audit and other areas)
In spite of the reason mentioned in the resignation, as that was the resignation with the complaint of the reporting authority, the resignation was approved by my reporting authority on 12th May 2017, although I have specifically mentioned that I have been compelled to put resignation due to my reporting authority by mentioning the reason of resignation.
On which I strongly object that how the same authority can approve the resignation, against whom I have made the complaint.
As ideally He should not be the competent authority to approve the resignation.
Moreover, the Human Resource Department of the Bank would not intervene in the issue. I never received any communication from the HRD of the Bank against my resignation, which is the primary responsibility of the HRD of any organization to protect the interest of the staff.
2.) Moreover On instance of my Senior Mr. Prashant Pande (Cluster Service Delivery Leader) I have made the request for withdrawal of my resignation on 23rd May 2017, which is within the notice period, Against which Mr. Prashant Pande (Cluster Service Delivery Leader) has issued a Performance Improvement Plan to me for 2 months, alleging that I alone would be responsible for the performance of entire branch operations without any confirmation on my resignation withdrawal request.
On the other hand I was kept working in the impression that my resignation has been withdrawn.
However, On 7th July 2017 evening my Senior Mr. Prashant Pande called me and asking that what was my last working day, On which my replied was that whatever it may be, Since I have already withdrawn the resignation and I will be transfer to other location.
On which I have been advised to speak to Mr. Ashutosh Kumar (Human Resource Dept Official) and Mr. Ashutosh Kumar advised me to proceed with my resignation as they would not be able to transfer me to other location.
I was quiet surprised and shocked, As never ever seen such kind of situation in my life and never heared that kind of practice in any corporate.
Later on I have been relived from the services of the Bank on 14th of July 2017 and the intimation was given over the phone at around 10 pm in the night on 14th July 2017 by my reporting authority Mr. Anand Chourasia (Branch Business Leader / Branch Manager).
Though I was not aware of my last working day, As I have been committed that my last working day has been extended till 21st of July 2017 and that was communicated on 12th July 2017.
How could they forcefully relieve an employee, when the resigned staff has already made the resignation withdrawal request?
The conspiracy is that the PIP has been issued to spoil my image in the senior management’s eye, and that too issued post my resignation in Notice Period on the part of personal grudge as I’ve mentioned his role in my resignation by mentioning the comments against him ( One of the bad hiring has spoiled the culture of the entire branch and no support from the cluster leadership)
3.) It is further to be noted that due to the part of this conspiracy the Bank has not confirmed the employment status in the entire episode after raising the resignation withdrawal request and relieved the employee after close of working hours of the office and when employee has reached the home, He will be informed by the reporting authority that I have been relieved from the services and has to submit the identity card to the bank. There is no exit formalities have been done for the employee.
Key Points of the Allegations which violates the rules, laws and ethics ::
1.) Resignation Acceptance :: The said resignation is null and void, As the said resignation can not be accept by the person, against whom the staff has mad the complaint.
2.) The said enquiry on resignation reason :: As per my knowledge there is no enquiry has been conducted by the Human Resource Dept of the Bank, As I never received any call or mail communication with regards to the same. These kind of enquiry are bad in law and against the principle of natural justice, If complainant was not the part of that enquiry.
3.) Resignation withdrawal :: If the resignation withdrawal request was made way before the last working day (Approx 48 days before the last working day) and 2 of the Human Resource Dept Officials along with the regional and cluster leadership of the bank than they have to confirm the same over the mail in terms of approved or reject manner on immediate basis, which was not happened and proves the malafide intensions of the below mentioned staff of the Bank.
1.) Mr. Anand Chourasia ( Branch Manager / Branch Business Leader)
2.) Mr. Ashutosh Kumar (Human Resource Dept)
3.) Ms. Amishi Patel (Human Resource Dept)
4.) Mr. Prashant Pande (Cluster Service Delivery Leader)
5.) Mr. Yuvraj Singh (Cluster Business Leader)
6.) Ms. Arunima Nanda (Regional Service Delivery Leader)
7.) Mr. Manoj Goenka (Regional Business Leader)
4.) Relieving of employee in unethical and insulting manner :: I haven’t seen/heared the case, where the employee got relieved from the services of the organization post the working hours and He will be informed over the phone at late hours, Once He reached the home. There were no exit formalities and exit interview was conducted.
5.) Revert on the employee’s concern to MD & CEO :: During the service (before relieving from the service) the concerned raised by the employee to Head of HRD and other officials of the senior management got unanswered and completely ignored. Employee got the response from the HRD dept, Once He wrote to MD & CEO of the Bank and HRD official propose for 1 or 2 months extra salary to close the issue, which was refused by the employee and shared his concerned in brief. Although the Bank revert was against the entire discussion. Moreover the senior HRD official threatened the employee for further possibility of the employment on the ground of reference check.
6.) Ignorance of the previous history of the branch :: As per my knowledge Yes Bank Ltd, Gwalior Branch was functioning since 01/04/2014 and I was the 3rd Deputy Branch Business Leader of this branch, As previously employed DBBLs has also left the bank due to the harassment by the Branch Manager (Branch Business Leader), although the Branch Manager was a different person at that time, However harassment was there.
Still this point was ignored by the management that why there is no stability in terms of the particular profile/designation for a particular location.
7.) Spoilage of Social Reputation/Image of the Employee :: Due to the aforesaid mentioned unethical and forceful relieving from the services. The employee is sitting at Home and employee’s family is being questioned by the neighbours and relatives that why I am sitting idle and Is there any misconduct done by me etc kind of questions is being asked.
8.) Bank has raised the question mark on the survival of the employee and his dependents:: I do have the certain financial liabilities, for which I am paying per month in the way of EMIs apart from the household expenditure, being as an unemployed person. I would not be able to manage these things and the same was mentioned to the management in several requests, which was denied by the management with the false statements.
Regards
Vikram Singh Yadav
S/o Shri Madan Singh Yadav
60, Assistant Line, Birla Nagar,
Near J.C. Mills Girls College,
Gwalior (M.P.) 474004
Phone :: 0751-4050094
Mobile :: +91 97 5555 6485, +91 79 9956 1226
Email :: vikramsinghyadav@hotmail.com
Sudhir Kumar, Advocate
(Expert) 27 January 2018
do you really think that someone is having time to read all the long stuff.
