Company forcing me to work and not ready to relieve

Company cannot reject your resignation letter interminable period.  The appointment letter must have stipulated the condition of notice period and both the employer and employee have to strictly adhere that condition.  But, admittedly your error caused employer financial loss, he may seek the compensation for that, but as per the procedure of law, like filing civil suit etc. against you, but not forcefully restraining you to work in the organization.  So, after giving notice and after notice period, you can leave the job.  But annoyed employer will not give you clear discharge certificate or good credentials.

Before you proceed on your own, you may consult an able counsel specializing in labor/service matters.

What is your designation and nature of duties?

Whay and what bond you are being asked to sign now? Do you have a copy?

 

What operational error was caused and what and how much loss was caused? Has this been stated in writing to you? Have you been asked to pay for the loss?

Did you recieve any Show Cause Notice? Did you reply to it?

Has any Domestic Inquiry been instituted and consluded?

 

Why such matter was forwarded to BO? Who has sent the matter to BO?

Do you have copy of notice of resignation and its acknowledgment, and also POD?

 

Did you submit final resignation and do you have  its acknowledgment, and also POD?

Has the employer declined to accept the resignation in writing?

Has it supplied FnF statement?

Relieving letter signifies that  employee has resigned and nothing is due towards employee?

Is this bank member of IBA?

Are you a member of bank employees/employee's/trade unions?

 

 

 

 

 

 

 

 

 

First of all thanks all of you for the your replies.... Prabhakar: I am very firm on my decision of working only till the date which reflected as my last working day post resignation, and would communicate the same to my manager and the HR on mail, my concern is if I don't get a proper reliving letter I won't be able to work anywhere else, and the error doesn't include any legal case, and it's admitted by the management that it was an operational error (not in written), I want to know that if they do not accept my resignation on system do they have the right to declared me as absconding, this error is beyond my capability of rectification which is well know my the management, my feeling is that this is done to harass me and put things on my head so that other manages are not affected with it. I have quit the organisation just because of the pressure which I am not able to take because I have some serious health issue which would worse my health condition but as to work in future I need to get relived properly. So on health and on the ground of personal commitments(marriage) can I ask them to leave me, will it work, and how will the labour law would help me in this.

Thanks Kumar, I would highlight the things according to the concerns for the clear picture, please let me know if you can help me to know more about the complexity. Before you proceed on your own, you may consult an able counsel specializing in labor/service matters- definitely I would consult in the worst situation when company would make it too difficult. What is your designation and nature of duties? - designation is Deputy Manager, the duties which was deployed needed more man power which was not given as only I was deployed to handle the desk due to which there was no checking happned and the error was missed. Whay and what bond you are being asked to sign now? Do you have a copy? - they are not asking for any bond in writing but making me to bound to work saying untill its resloved we cannot leave you, so if this is not resolved for yrs what rights they have to hold me when I don't want to continue. What operational error was caused and what and how much loss was caused? Has this been stated in writing to you? Have you been asked to pay for the loss? - it was a wrong credit and customer is not ready to repay, wrong credits are quite normal in Banking Operations. Amount is quite high, apart from that when the customer went to ombudsmen about being harassed by the bank even Ombudsmen is asking compensation from the bank so now it's a double loss, till now it's not asked from me to pay anything. Did you recieve any Show Cause Notice? Did you reply to it? - no notice is sent to me Has any Domestic Inquiry been instituted and consluded?- there is no inquiry done as it's a clear wrong credit case where my ID is reflected. Why such matter was forwarded to BO? Who has sent the matter to BO? - this matter went to BO because bank was forcing the customer who got the wrong credit to pay it off. And then the customer went to BO stating bank is harassing him and there was no written communication sent to his about the wrong credit as we only did telephonic conversation to recover the money and the the management sent the legal notice directly to him. Do you have copy of notice of resignation and its acknowledgment, and also POD?- it's submitted In the system and I have the screensort of it. Did you submit final resignation and do you have its acknowledgment, and also POD?- Submitted in the system and have the screenshot and a mail received in my person mail I'd about the same, even the rejected one is there with me. Has the employer declined to accept the resignation in writing?- not in written but in the system declining the same Has it supplied FnF statement?- nothing is given Relieving letter signifies that employee has resigned and nothing is due towards employee?- As per my offer letter it's not written anywhere that they can hold me, but there is general statement stating that I have to follow the all the rules and regulations of the company. Is this bank member of IBA? - yes its a member of IBA Are you a member of bank employees/employee's/trade unions?- it's a private sector bank so there is no union kind of. Thanks Please suggest me on the facts provided.

You have posted that:

---"it's admitted by the management that it was an operational error (not in written)"

"this error is beyond my capability of rectification which is well know my the management, my feeling is that this is done to harass me and put things on my head so that other manages are not affected with it. "

If management is not admitting it, in writing, then you have the option of minuting it.

However let your able counsel draft and structure your representations.

 

---"I have some serious health issue which would worse my health condition but as to work in future I need to get relived properly. So on health and on the ground of personal commitments(marriage) "

 

Employee can always resign even if there is no personal problem.

 

 

---"designation is Deputy Manager, the duties which was deployed needed more man power which was not given as only I was deployed to handle the desk due to which there was no checking happned and the error was missed"

 

If you succeed to prove then you may get to be covered as 'Workman'as in ID Act and you might be covered as 'Employee' as in Shops & Estbs Act.

The branch of the bank where you were located may be covered and registered under Shops & Estbs Act.

 

It is not mandatory to submit resignation on computerised system.

Resignation is personal matter and can be submitted by letter (thru Redg. Post).

In case of wrong credit bank can proceed to recover thru police complaint,court and also excercise lien and right to set off.

 

The bank should have issued notice by now.

 

IBA has advocated service rules that you can download that you can show to your able counsel.

 

The seasoned bank Employee's Union leaders can also counsel you.

 

Even private bank employees are members of bank employee's unions.

 

Instead of consulting very late you may consult ASAP.

 

Thank you Kumar for your helpful suggestions and guidance, I haven't yet spoken to my super boss and the HR regarding the same but they as per my knowledge this is done with their concent, post discussion with them I would put a mail marking everyone stating that I would not be able to server the bank post my last date and asking in writing about the reason of declining my resignation. Would require some more guidance as per the situation, I wish it won't become a struggle for me to get relived because I believe that I deserve a respectfull exist.

Hello Kumar, I spoke to my super boss and he told me that we have given this case to investigation unit of the bank as now they are linking my wrong credit with a fraud done by one of the senior employee who was my boss at that time and told me once it's closed and we get a clean chit from the unit that I was not involved with him then only they will relieve me. I even spoke to my HR and he told the same thing as this case is lying with BO and then they have to do investigation about the issue so once it's done then they would relieve me. I don't trust anyone of them what they are trying to do as in past I have seen they have unnecessarily manipulated things and have made people hanging around touching and then terminating them. Can you suggest me how can I take a legal suggestion and be ready to face any type of issue and which domain of lawyers I should consult as I am feeling quite stressed with the kind of attitude they have towards me. I been even told that because I resigned they have to introgate me or else would have taken some other step by giving me a warning letter or notching down my rating. I also wanted to know how much time would a BO case take as I am not interested to be in the company because I am afraid that they would keep me holding and would not let me go so easily.