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N.Manik (Engineer)     04 September 2014

Resignation without serving notice period

Sir,

           I have joined a PSU bank as Assistant. The very second day, I have resigned from the job due to family problem and  i have send the resignation letter through post.After a month the bank has send a letter stating that i have to serve a notice period of 14 days or otherwise i have to pay 14 day salary in lieu. which i have not responded. Once again after six months bank has send one more letter saying that i have to pay 14 days salary and until then my resignation will not be accepted.Since i have no interest to join the bank and also i have not taken any salary , I have not responded for both letters.

Later bank has send one more letter as a charge sheet to me saying that i have been charged with un authorised absent from the bank without permission.I have to file my defense within 7 days of receiving the letter failing which deciplanary action will proceeded accordingly.

Kindly tell me what i should do.Is it a series issue and  what type deciplanary action bank can take against me.Pl.suggest me.

N.Manik.



Learning

 3 Replies

kartikeya (lawyer/cyber law consultant/cyber crime investigator)     05 September 2014

Need to check terms and conditions of appointment letter and offer letter along with notice. U can pm me details after reading documents can advise

T. Kalaiselvan, Advocate (Advocate)     08 September 2014

When you had received the notice in the initial period, you should have given a reply, but you remain tight lipped even for the subsequent notice, however now the employer will conduct a disciplinary proceeding against you, if you do not appear, in your absence, e may terminate you and in termination order it will be recommended to recover the said amount from you through legal process.  Consult a local advocate and give a reply to show cause notice and follow up the issue further.

Kumar Doab (FIN)     08 September 2014

You have ended the employer-employee relationship by tendering resignation.

You have resigned and you have not absconded.

Resignation can be without permission and notice.

You have not tendered notice pay in lieu of notice period if it is applicable to you as per service conditions applicable to you.

Non payment of notice pay in lieu of notice period does not imply that employee that has resigned can be termed absconder.

The charge is false.

The approach of the Bank is erroneous and transgression, and coercive.

It can go to court if notice pay has not been paid.

It should have supplied acceptance of resignation and demand of notice pay.

It has sent demand of notice pay and afterwards has changed its stance.

Approach an able labor consultant/service lawyer with all docs on record and let your lawyer submit a fitting reply.

Obtain service conditions that apply to your designation from Employees Union leaders and check if you are covered as 'Workman'.......................

Notice period/pay is part of service conditions and does not neccessrly depend upon T&C inserted by employer in any private agreement drafted by employer and signed with employee e.g. appointment letter............................


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