Kumar Doab (FIN) 28 May 2014
Relieving letter is issued after all settlements by employee e.g. handover of charge, completion of tasks on hand implying NO TASKS ARE PENDING, KT, payment of payables if correct FnF statement shows some amounts payable by employee…………..
Since next employer won’t recruit you without relieving letter it shall affect your source of livelihood, employability.
If reporting manager is interrupting and unbending/adamant, you may approach good offices of appointing authority, MD, Chairman………………………………….
Although legal RECOURSE SHALL TAKJE SOME TIME however approaching a labor consultant/service lawyer does not mean initiating litigation.
The lawyer can advise and draft your representations. Show your appointment letter, HR policy, service rules and regulations, resignation letter and notice period tendered by you.
Notice period/pay (part of service conditions) is not dependant upon T&C inserted by employer in appointment letter, contract of employment alone…………………………..You may go thru:
https://www.lawyersclubindia.
If possible obtain extension from UBI and serve notice period with Axis Bank.
G.L.N. Prasad (Retired employee.) 29 May 2014
Please go through appointment letter for terms and conditions. Bank can maximum ask you to pay equivalent to rest of the notice period emoluments drawn as per your last pay.
They can not retain you without stating any objections or responding and keeping you in suspense for indefinite period.
It is always advisable to deal with the matter in amicable way (Banking profession is such, minor violations are common,without violating if one works, he can not perform at all. To fix up any responsibility and to frame charge for officer is very common).
Visit HRD and personally discuss with the issue. Do make alternate arrangements for remedy by contacting an advocate.
In the meanwhile please write a letter to Union Bank, explaining that due to office exigency (training etc.,) the relieving from Axis Bank may take some time, and that Axis Bank is insisting for notice period. They will understand, and permit. There is no need to worry but a temporary anxious moments are common in profession.
If it is in other new generation private sector banks, some institutions are even paying money for notice period directly to the concerned employer, but in case of UBI such adjustments are not possible.
T. Kalaiselvan, Advocate (Advocate) 31 May 2014
without relieving letter you cannot join the new job, hence considering your career and future prospects with Union Bank, you may comply with the previous employer's notice period condition instead of hanging around over the waiver issue.
G.L.N. Prasad (Retired employee.) 01 June 2014
Alternatively, you may contact UBI, file affidavit before them that resignation was given and it may take few days more for getting relieved, and seek permission for extension.
You may undertake to produce the same on receiving. You may apply leave and attend training, or else you can report for one or two days availing casual leave, and then seek permission for exemption for training as you are already experienced, and for using training at a later date.
Everything depends only on personal relations and these matters have to be discussed with concerned officials of UBI across the table, in view of valuable time.
Kumar Doab (FIN) 01 June 2014
You should not attend training of M/s UBI till the time you are employee of M/s Axis Bank even while you are on leave......................
Nagesh Narayan (Business Manager) 27 July 2015
Issuing the Relieving Order is not legally bound to any organization or Co. It is only a courtesy being a confirmed employee one has to complete notice period or in lieu can pay the compensation for the period but some organization say you have to pay the whole salary including the allowances, i.e. gross monthly salary, but if the orgnization wanted to terminate your service they do pay only your basic salary for the notice period, which is against disputable. ofcourse, adjustable to remaining notice period or against leave etc., may not be obliged normally.
Since Axis Bank is insistance & not coperative in pertaining to your notice period & service conditions, better you right now approach legally, not only that it reflects a bad practice from the Bank, But also it is denying & determintal a better product/ prospects joing a PSU, deliberately, and I donot know yours but for future candidates the GOI & relevent ministry is taking note of this. Yes, Union Bank has its own rules but you may get court order may work in your favour to atleast allow you to go for training & subjected to your posting or confirmation against Relieving order issuance on a later date.
Donot dilly dally further as Axis Bank may not ready for all this negative irr in public & it is not worth it for the Bank. No point in going back to them, you start legal proceeding they will come to you at the same time the executive who has acted in haste may also taken to task. There is no dearth of qualified Bank staff.
All the best Bro.
Rao
Kumar Doab (FIN) 27 July 2015
There are unlimited number of publications on similar query and many of them involve M/s Axis bank too.
The bank sthat are members of IBA shall have uniform and negotiated service conditions.
The Banks that have registered unions (including private sector banks) their employees and employers shall have good working conditions.
Banks like M/s ICICI Bank, M/s HDFC Bank, Axis bank or any other bank that is not a member of IBA may not remain a preferred employer..........................
The bank for private gains is covered by (Name of the state) Shops and Commercial Establishments Act and the enactment has clear set of service conditions on Notice Period/Notice Pay and (Name of the state) Shops and Commercial Establishments Rules have prescribed formats/registers on employment details of each employee that employer has to submit to Inspector appointed under the Act and Inpector/Chief Inspector can fetch the certified copy.
Service Certificate has to be issued to each employee.
Relieving letter has become a custom due to practices adopted by employers and shall have to issued to each employee, for employablity.
The employees that are members of unions can drill sens einto the heads.