You can just request the bank and if they deem fit to relieve you then there is no legal impediment in the same and in light of the fact that you are ready pay the notice money then I do not think so that there is any issue in the same.
Regards
Notice period waiver
I have resigned from my present employer. I need an early relieving. My notice period is three months. I am working in a Bank. As per employment offer the clause reads as "After confirmation either party will be required to give three months notice or salary in lieu of notice at the banks discretion. I am willing to pay for the notice period. Can I get an early relievel Whether I have the right to enforce the bank to relieve me early as the clause is specific and says that it is as per banks discretion. Please guide
Asked 7 years ago in Labour
10 Answers
Yes,you could propose before the bank to buy-out the notice period. Your termination clause clearly says, 'three months notice or salary thereof'. Buying out the notice period of 3 months is perfectly valid in terms of your employment agreement.
The bank is not willing to relieve They are compelling me to serve three months notice period which I am not in a position to serve. I am worried about the clause which contains waiver of notice period is as per banks discretion even if I pay three months salary in lieu. Can I enforce my right of paying for three months notice period as the clasue specifically states it is at banks discretion. Please guide.
Asked 7 years ago
Hello,
You can leave the job by either giving notice or payment in lieu of notice. The relations between the employer and employee are primarily governed by the Appointment Letter. The constitution of India provides the fundamental right to every person to choose the profession of his choice and any agreement contrary to this is invalid.
By putting the clause in agreement that it is company's discretion to accept the notice or not is against the provisions of constitution of India. Hence company can not threaten you by showing this clause. The Company cannot force you to serve the entire notice period.
Regards
The clause giving discretionary power to the Bank and the termination clause giving you option to buy out are contradictory I'm nature. The termination clause gives you the option of buying out the notice period, whereas another clause gives bank the discretion to accept or not to accept your offer to pay in lieu of the notice period. The termination clause will prevail over the clause giving discretion to bank, and the same in also in derogation of Article 19 1 g of the Constitution and section 27 of the Indian Contract Act. This, this discretionary power is not sustainable. Send a strong legal notice. It will help. You could move to the court otherwise.
It is at bank discretion to waive the notice period and accept salary in lieu of shortfall in notice period
You cannot force bank to give you early relieving
It is at bank discretion
Even if you pay 3 months salary bank may refuse to give you early relieving
If there is an agreement then both parties must follow the recitals in the agreement. You cannot force bank to give you early relieving . You can make request to bank and also undertake or informed them to pay the three months notice period. Please do understand that It is at bank discretion to waive the notice period and accept salary in lieu of shortfall in notice period.
1. To accept salary in lieu of the notice period has been subjected to the discretion of the bank. So the employer has the right to accept or reject it. If it elects to accept salary for notice period then it is bound to issue the relieving letter and make a full and final settlement.
2. You cannot make the bank liable to relieve you unless it elects to accept salary in lieu of notice period.
You can tender your resignation letter to the employer and send it by registered post if not acknowledged in person
You can mention the last date of working by invoking notice period clause to buy out the same.
If the bank is not accepting the resignation letter in person you may send it by registered post with AD card. You should invoke the clause, if is still adamant in its stand you may proceed with legal course of action.