Employment Resignation
2 years ago
I am working as an officer in a public sector bank. I have submitted my resignation application to my head mentioning my intent to serve three months notice from so and so date. He didn’t give me acknowledgement after repeated request and forwarded my application only after two months for action. While in process, my notice date got completed and I left the bank asking him to advise me when my resignation formalities completed. But after a month, my application was rejected mentioning I didn’t complete notice period asking me to pay in lieu of notice or serve notice again. So I complained to internal grievance redressal forum. When they asked my head for explanation regarding delay in forwarding the application, he has falsely replied that I have given application only on later date even though application is dated two months back. Without an acknowledgment, the inside people are asking me to serve notice again or pay. They are not ready to see how he could have forwarded a two month back dated application or enquire with my colleagues to know the truth and provide me relief. I feel unjust and can you tell me any legal remedies
Ankur Goel @ Complete Law Shield
Responded 2 years ago
As you already left you cant do much.
Send a legal notice immediately.
If they still deduct, they have to pay it back after you challenge in court.
You must have forwarded the resignation application with proper date and through the email. You can produce it as an evidence to establish your case. You can ask the Union to intervene on your behalf. If the amount is deducted from your benefits and settlement, you can initiate civil case against them for such illegal deductions. You can institute a case under such circumstances in the Industrial Tribunal.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can ask the Internal Grievance Redressal Forum to go through your resignation application, as it should contain the date on which you have applied. You can also ask your colleagues to submit their verification about the same. If still they deduct the notice amount from your final settlement, you can approach the appropriate forum and take the legal action, i.e. civil court or the Industrial Tribunal. You can also escalate the matter with the Bank Union, if you are a member.
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MURALIDARAN THIRUMALAI
Responded 2 years ago
1) Have you put your date of submission in your resign
2) If not accepted by them or not having any communication means , you must ahve send mail
3) You should have informed through mail stating that your last date of working-------------- and ask them to take Handing over.
4) Whether you fulfil the leaving formalities like handling over files etc.
Pl - nine six seven seven eight eight eight three three three
You may approach High Court.
They might deduct the notice period amount from your full and final settlement and if they do it then you can later on move the court against the bank as it is the bank's fault and not yours.
All the best Ma'am
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