Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm and avoid acting in haste/on his own.
You have posted that:
---“if i resign now then Manager may not approve it.”
The fact is that you need your manager to help you to get releiving letter.
How is your rapport and goodwill with your manager?
You should address your notice of resignation/resignation with immediate effect as suitable to you to good office of your appointing authority by letter thru redg. post with AD, and mention that there is no notice period/pay assigned to you neither as per appointment letter dated………..issued to you nor by any other corrigendum or communication in writing and nor you have accepted any notice period in writing. If you feel that you can tender some notice of say………15 days, you may mention but you may add that to co operate with the company you are tendering notice of ……days and good offices of the company must ensure that it designates an employee to take charge from you within and up to date of your resignation/last day in office i.e. dated………..
You may not address it to your manager or forward a copy especially if you are sure that your manager shall put hurdles in your relieving.
Let the good offices write to you that you have to submit in online portal.
Your manager may not be the approving authority until or unless approved by the board of directors of your company.
Your company might have devised its internal system to involve manager in resignation on line portal so as to create an extra method of control on employees and add weight to authority of boss.
If your company has an on line resignation portal you may first resign by letter and quote its reference and obtain screenshot and printouts of the formats submitted online.
This on line portal would certainly have scope of amendments/intervention by line managers/HR.
---“In bank application i didn't mentioned about current Job but at the time of interview i told that i am working in xxx company.”
You have committed a blunder which may result in losing the job with the bank, at a given point of time.
This will always remain in your personnel file.
Can you replace the bank job application?
“can i leave organization after serving 1 month notice period, if manager not approve my resignation? if so i may receive reliving letter later from HR people (not sure).”
“Company relieved so many people even they have given a notice period of 20 days (for remianing days basic amount ll be deducted from settlement amount).”
“If i told bank that i am working they will give extension and ask for releving letter on Newly extended Joining date, if current organization deny to give relieving letter then My position will be worst.’
Even if you agree for adjustment of notice pay in FNF statement how you handle the false representation made in job application?
If the matter lands up with HR of the bank or any future employer you shall be awarded with letter of termination.
---“I didn't submitted any documents at the time of interview regarding experience.”
You could submit work experience of past employers and detail of current employment.
“Now on the DOJ Bank ask for relieving letter?”
The stand of the bank is correct.
Reliving letter signifies nothing is due against the employee.
Service certificate would signify employee has worked from dated…………to dated………at designation…………at location……….Thus service certificate would have no scope of any comment on conduct.
In relieving letter format of which companies devise as per their taste/requirement companies insert columns on conduct and even adverse comments.
Employee should obtain relieving letter with good comments and avoid one without any comments/adverse comments.
---“ I want to make sure that documents submitted by me to bank are ok(medical etc) on the Date of joining”
You can sign/submit joining report only if you have tendered resignation from previous employment.
“i am not sure whether i ll get relieved in current organization or not’
Resignation can be without permission or notice.
Employee should tender some/reasonable notice (carefully worded/drafted/structured to defend his interest. For this if the need be employee should consult elders in the family/competent and experienced well wishers/lawyer-law firm). This should also help as employer would not be able to level any charge that abrupt termination by employee has caused him loss.
Employer is duty bound to put his house in order during the notice period, designate replacement, and ensure completion of exit formalities if any. If there are any formalities those should be communicated to employee by effective mode of communication.
---“if so i may not able to serve the 3 months notice period.’
If the contract describes a penalty for breaching the contract then that limit is the max. Limit of compensation to be paid by the party which breaches/breaks the contract.
In your case you have stated there is notice period/notice pay in lieu of notice in contract of employment signed by you. However you should take care that company does not level any charge of having caused loss to it.
“I checked the Offer letter given by company in that there is no notice period mentioned. But in portal its showing 3 month notice period.’
The company might have stated in appointment letter that T&C communicated by it from time to time would be applicable and acceptable to employee.
Has the company ever communicated any addition in T&C to you?
Company might have stated that conditions as stated in HR policy would be applicable and acceptable to employee.
The question arises what should prevail: service conditions or service rules or HR policy?
In a contract both the parties should sign the acceptance of any new condition.
Let us assume that your company screams that Specific Relief Act is applicable and in such a case since no notice period/pay is stated in contract of employment it should not apply!!!!!
Notice pay is as per the exit clause of appointment letter. It is a compensation given by one party (Who broke the contract) to other party because of the breach of contract. Law regarding breach of contract is given in section 73 of Indian contract Act 1872.
---“ Bank accept the copy of resination submitted mail and allow me to join?”
Bank can do so and may even ask to sign an affidavit/indemnity bond that you are employed elsewhere on your DOJ with bank and you shall produce relieving letter within say………60 days or your services shall bet terminated!!!!!!!!!!!
During your next meeting you may check and confirm what the requirements of the bank are and can you fulfill these?
---“ what is meant by standing orders of existing company?”
In addition to the Industrial Disputes Act, 1947, several states also provide for compliances under the Shops & Establishment Acts, Standard Standing Orders Act, and the like. So, if the employee falls within the definition which has been provided under the said enactments, then he would be protected.
For the application of Industrial Employment Standing Orders Act companies need not to be an industrial establishment only. If IESO Act is applicable and standing orders are not certified Model Standing Orders shall apply.
“I am working in a MNC company in Gujarat State.’
What is this MNC? Is it in SEZ? Is it an IT/ITES company?
It is felt that state of Gujarat is one of the states which had granted blanket exemption to IT/ITES companies from IESO Act and in Gujarat as per its SEZ policy exemption from standing orders might have been granted.
The service conditions are regulated by standing orders of the company, appointment letter, statue…………
If standing orders are applicable and have been extended to your designation then service conditions in standing orders shall prevail upon appointment letter……….
And
The Labour Laws (Exemption From Furnishing Returns And Maintaining Registers By Certain Establishments) Act, 1988
Is available at the link:
https://labourandemployment.gov.in/labcom/e-citizen/act-and-rule.htm
{ Model Standing Orders: 13. Termination of employment, 17. Liability of 17[employer].--, 18. Exhibition of standing orders.-)
Designation alone does not decide employee is a workman or not. Your lawyer may ask you a set of structured questions and may opine that you are covered within the category of a workman.
Shops & Establishment Acts
It is felt that Bombay Shops & Establishment Act is applicable in Gujarat.
бб. Notice of termination of service.-
which suggets
For service less than 3 months: No Notice/pay.
For service >3 months but < 1 year: 14 days notice/pay.
For service >1 year: 30 days notice/pay.
The SE Act of Bombay is so employee friendly. You may go thru it.
It shall be appropriate to consult a lawyer specializing in labor/service law with all documents and records, give inputs in person and proceed under expert advice.
You may proceed as deemed fit.
