I was an employee of a private bank.. 3 months back My team leader had forced me to resign. And I did it. I got another opportunity instantly so I joined another company . And the bank absconded me as I had not served notice period. Now they mailed me that I need to pay 92000 to them as notice period recovery.. Otherwise they will take legal action against me. Kindly help me anyone.. What should I do?
From India, Kolkata
From India, Kolkata
Do you have any evidence to show that you were forced to resign? Then send that mail to the M D of the bank with a copy marked to the appropriate authority (Labour department)
Also refer to the Standing Orders/ Service manual of the bank and see if there is any notice period. As per Industrial Disputes Act, in respect of employees coming under the purview of the Act, there is no such notice to be given by an employee though an employer is under an obligation to give notice of one month or three months, as the case may be, depending upon the the number of employees employed in the company (bank)
From India, Kannur
4248Also refer to the Standing Orders/ Service manual of the bank and see if there is any notice period. As per Industrial Disputes Act, in respect of employees coming under the purview of the Act, there is no such notice to be given by an employee though an employer is under an obligation to give notice of one month or three months, as the case may be, depending upon the the number of employees employed in the company (bank)
From India, Kannur
Sir.. They were tricky.. My manager verbally told me to resign and she has created mentally pressure on me every day, As was not performing well.
As I can not sit at home. With out job and that time one single company approached me to join them.. They suggested me to be absconed as they do not need any release letter. For last two months I am working there.
Sir how can I get rid of the situation. Kindly help me.🙏🏻
From India, Kolkata
As I can not sit at home. With out job and that time one single company approached me to join them.. They suggested me to be absconed as they do not need any release letter. For last two months I am working there.
Sir how can I get rid of the situation. Kindly help me.🙏🏻
From India, Kolkata
First write to these to the Head HR and MD. If the response is not positive, approach the labour department. If the Bank is operating outside the state, The Asst. Labour Commissioner (Central) will be the appropriate authority, otherwise the Officer of the State Labour department will be the concerned officer to hear such cases. The issue will be taken up for hearing only when the Officer is satisfied that you would come under the purview of ID Act.
Update the issue with the present employer and take him also into confidence so that a move against a previous employer will not lead to make the current employer also hostile against you.
In the complaint you should mention what all harassment the reporting officer had done with you.
From India, Kannur
Update the issue with the present employer and take him also into confidence so that a move against a previous employer will not lead to make the current employer also hostile against you.
In the complaint you should mention what all harassment the reporting officer had done with you.
From India, Kannur
All you can do is to amicably settle to waive off the notice period with your previous employer and issue you with a relieving letter and +ve Back Ground Verification.
Please note with out a proper releveling letter and BGV it will be difficult for you moving forward in your career especially with Banks and MNC's
If there are any previous complaints you have made to the HR/Skip Manager on the said leader you may refer to them for the decision to be in your favor. (Mails/Chats etc)
Legal batter are not worth it for 92,000 given how much time and money would be spent.
Also,
"They suggested me to be absconed as they do not need any release letter." If your new organization told you this - looks sketchy, as normally established setups with HR teams don't make such commitments.
take care.
From India, undefined
Please note with out a proper releveling letter and BGV it will be difficult for you moving forward in your career especially with Banks and MNC's
If there are any previous complaints you have made to the HR/Skip Manager on the said leader you may refer to them for the decision to be in your favor. (Mails/Chats etc)
Legal batter are not worth it for 92,000 given how much time and money would be spent.
Also,
"They suggested me to be absconed as they do not need any release letter." If your new organization told you this - looks sketchy, as normally established setups with HR teams don't make such commitments.
take care.
From India, undefined
Can you please tell me?? What kind of legal action they may take against me if I am unable to pay the ammount 92000??
From India, Kolkata
From India, Kolkata
I don't think that any employer like a Bank will initiate a legal action for recovery of notice pay. But on fear of background verification the employees fail to proceed with legal battle and pay the amount. But if you defend, the employer will lose it because under ID Act (not meant for employees having functional responsibilities of a manager ) there is no provision that an employee should serve notice. Certainly, if the standing orders provide for such notice, it would be maintainable. Still, in order to recover it there should be evidences to show that due to the absconding of the employee the company has suffered a loss.
From India, Kannur
From India, Kannur
Can I Just Ignore the matter if I do not need any kind of relieving leter from the company?
From India, Kolkata
From India, Kolkata
They did not pay any ammount on my training or any other investments on me. I worked there for just two months.
From India, Kolkata
From India, Kolkata
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GST ON RECOVERY OF UNSERVICED NOTICE PERIOD.docx
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