Resignation period

The rule provide the mode in relation to resignation. When the rules framed in this behalf lays down that the notice for a period of 90 days has to be served without anything more in this behalf, the employee is expected to submit a letter of resignation for a period of 90 days. On completion of such period, the employee can stand relieved. However, the Bank has also framed the rule further providing therein that while counting 90 days, the leave left to the credit of the employee can be taken into consideration in calculating the period of 90 days. If that be so, the Bank has to exercise the discretion reasonably and fairly. The discretion is never absolute, or unfettered. That means, the Bank cannot do which may ultimately be styled as unjust, unfair and arbitrary.

But, since you have hurry to leave the job by tendering the resignation, you may pay the 90 days' pay and say good bye to the employer. You may take up the issue with the appropriate authority, and the appropriate authority does not record the proper order, challenge the same before appropriate forum, or court.  

Mr. Hemang has given valuable advice. Kindly follow it.

Mr. Hemang is from Gujarat.

If the leave is not adjusted against notice pay and if it is paid leave bank shall have to encash paid leave in the FNF statement/settlement.

Paid leave is as per Factory Act, Shops and Establishments Act……….and Bank is covered by latter. State of Gujarat Follows Bombay Shops and Establishments Act that is so employee Friendly……….

^[ЗВ-В.  Application of Industrial Employment (Standing Orders) Act to establishments.-The  provisions of the Industrial Employment (Standing Orders) Act,  1946,  in its application to the State of Maharashtra [(hereinafter in this section referred to as "the said Act"), and the rules and standing orders (including model standing orders) made thereunder from time to time, shall,  mutatis rnuimdis,  apply to  all establishments wherein fifty or more employees are employed and to which this Act applies, as if they were industrial establishment within the meaning of the said Act.

(Implies if company is under SE Act and if it has not framed its standing orders the model standing orders shall apply to all employees. Model Standing Orders are attached. You can also download from Dept. of Labor Maharashtra/Bombay website also. Thus while you can approach Inspector under SE Act you should also be eligible to approach Labor Inspector/ALC.)

You may download/obtain printed version of all kinds of policies of the bank, from employee’s portal or concerned HR personnel e.g: leave policy, exit policy, severance policy.

You may also check if bank has its standing orders and these are extended to your designation.

Standing orders are to displayed near entrance/on notice board and certified copy should be supplied to employee against a nominal payment say Rs.10/-

Employee or anyone can apply for certified copy from certifying officer which may be DLC at location of Redg. office of the bank.

The service conditions stated in standing orders can not be negated to employee in appointment letter. Thus if notice period is 1 month in standing orders it can not be 3 months in appointment letter.

Service conditions are controlled by Standing orders, contract of appointment, statue………

Gossip and rumor can not be rules and policy.

In addition to the Industrial Disputes Act, 1947, states also provide for compliance's under the Shops & Establishment Acts, Standard Standing Orders Act……. If the employee falls within the definition under these enactments, then he would be protected, up to that extent. All of these enactments may be available at the Dept. of Labor website of the state.

Line Manager, HR is not your employer and may not be authorized official by Board of the bank to accept your resignation. They may be made some kind of stake holder as per some internal policy of the bank e.g; Resignation tool vide which they might be intruding…….

Proper Relieving signifies: Employee has tendered notice/resignation/notice pay, charge, company property, completed tasks/exit formalities etc and nothing is due against employee……

Employee should always address and supply notice/resignation by redg. post to good offices of appointing authority, MD, Chairman………….and quote clause number………..( on termination/notice period/pay etc) in appointment letter dated……………issued to employee…………and that notice period of ………days is tendered and last day in office/effective date of resignation is dated………..and affirm that notice pay for shortfall in notice period if any be adjusted in FNF statement/settlement and FNF amounts be reduced by equivalent amount, and that acknowledgment and acceptance of notice be supplied by redg. post.

Employee should mention that all tasks/assignments on hand are completed and nothing is pending as on date, and routine duties be assigned which can be completed within and up to last day in office and good offices may inform in writing to whom charge/company property should be handed over and designated employee may be instructed (with a copy to employee) to handover proper acknowledgment/receipt on the spot.

Employee may request good offices that all concerned be instructed to ensure smooth completion of exit formalities, and that acceptance of resignation, work experience/service certificate, relieving letter, correct FNF statement, Payment of FNF dues by bank DD only, Form 16 as per correct FNF statement, NOC/NDC, PF number/account slips/ attested copy of PF forms, last salary slip, etc……….be supplied within office hours of last day in office by redg. psot………

Employee may issue reminders, remain amiable but alert and must not leave any room for the shrude line managers, HR to charge on any count.

 You may fine tune your stretegy as suitable to you, evaluate the merits  and proceed under expert advice of your lawyer.