Kindly check your appointment letter. Company/Bank might have stated that notice pay in lieu of notice period shall be at the sole discretion and decision of the management. It seems you have made a verbal request only and the same has been declined verbally, thus there is no written record. What is your designation, nature of duties, role and responsibility?
It may be an internal policy of the company to block issuance of not only relieving letter, but experience/service certificate as well, and the concerned HR personnel of your present employer may zealously guard the policies. If they do not they shall invite repercussions from their superiors. You may obtain the soft or hard copy of employee rules, certified standing orders of the company which may be at HR page of intranet of the company or you can obtain it from concerned personnel of the company. If these have not been circulated by the company to you, you are within your rights to demand and obtain a copy from appointing authority/MD/Head-HR etc. HR personnel can also guide you to the location where all internal policies of the company are available.
You should apply your rapport, goodwill, negotiation, persuasion, persistence, reasoning skills with your superiors and obtain their intervention to turn the events in your favor. It is the easiest and best option. It is seen that some of the employees are able to achieve it.
It seems you have not even submitted notice of resignation.
You can submit, under proper acknowledgment, with a copy to you, notice of resignation/representation, with effective date of resignation clearly stated, to good offices of your appointing authority, MD, Head-HR, company secretary and request the good offices to relieve you on the effective date of resignation. You should obtain acknowledgment of your notice in writing.
You may offer to tender notice pay against shortfall in notice period, and ask the good offices to ensure, completion of smooth exit formalities, within effective date of resignation. You can request to ensure settlement of you’re a/c, and supply you the FNF statement, work experience/service certificate, relieving certificate, from 16, PF accumulation reports-withdrawal/transfer forms, NDC etc. You should request to inform you to whom the charge and company property should be handed over and the designated employee may be advised, with a copy to you, to handover the acknowledgment (on the spot ) to you. You should obtain comments that nothing is pending at your end. You may mention that routine work may be assigned to you upto effective date of your resignation and you should complete all tasks on hand and obtain comments from your superiors that nothing is pending. If they do not write so you may submit communication from your end that you have completed all tasks and nothing is pending at your end. You should build record in your favor. You may mention that you are willing to cooperate and train the designated replacement employee upto and within effective date of resignation and you may be informed sufficiently in advance. You may seek an appointment with good offices and press your case. You should submit a reminder say after each 7 days, and should submit final resignation on effective date of resignation, under proper acknowledgment, with a copy to you. You should not leave any room for the company to charge you on any count. If you have taken all the right steps company should not be able to post adverse comments in reference check, conduct column in relieving letter. If company does you can sue them to print retraction.
Company can sit on relieving letter but can not block others. Relieving letter is issued after all settlements have taken place. FNF, acknowledgment of company property/NDC must suffice. Your next employer must be aware of the practices and may absorb you.
If you have
However you should express in writing, under proper acknowledgment, with a copy to you, that you shall be able to submit copy of your notice of resignation, final resignation and proof of its dispatch, only at the time of joining and can submit relieving letter, experience certificate, if and as and when received , from your previous employer, only.
Your company/bank if zealous, and decided to take your case to deter other employees, can proceed to deny the notice pay in lieu of notice period and can issue communication/notice/legal notice/ show cause notice to you and can declare you absconding. However if you have sufficient record, evidences you should be able to defend yourself.
It is seen that some of the pvt. Bank employees also have unions and staff is very well informed e.g. Christian Syrian bank. Your bank staff may also be member of some union/affiliated union. You can become member of some union. Union can come forward to represent/advice/guide you.
In your next venture/s, please study the appointment letter carefully and obtain employee rules, certified standing orders. You can submit gentle dissent to the clauses you wish to disagree before induction, under receipt, and keep the acknowledgment with you. If you are the right candidate, company shall induct you.
