I an employee of sbi and i am going to be relieved on 30 of june for another job in another bank. I have been asked to provide character, experience, no due certificate and relieving letter at the time of joining in new bank. I have applied for the same certificate in my resignation letter with 1 month of notice period from 31 may to 30 june. Since then, my request is continuously thrown over. HR who is responsible for providing the letter is pushing responsibility of issuing such letter to branch manager, who doesnt have authority to issue such letter. Later the hr was informed abt it. Now hr has asked for recommendation letter from bm for same certificates, but branch manager is delaying the process unnecessarily. And in one evening she said she wont do it at all. I am male and bm is female, hr is male. I am continously thrown tk pieces for my request and only 2 days remaining for relieving and if i dont provide document on time i will lose job. What does law of the country provide me for saving my job? If i do lose it, what should i do?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
If your bank fails to provide you relieving letter , experience letter , no dues certificate etc you can after completion of notice period issue legal notice to bank to provide the same as in absence of these documents you would lose job offer
2) if still bank fail to provide you said documents sue the bank and obtain court orders to direct bank to provide the same
You should explain the difficulties to your new employer ask for some more time. File a writ petition in the high court so that this issue is resolved in a quick manner. They will not listen unless they have a court order to fear.
There is no specific law on the subject.
Bring this to the notice of the higher management.
Inform the place where you are being transferred about the delay caused by the management.
If because of this delay you can not take charge then let it be as long as you continue to receive your salary.
Now if out of this delay your service prospect gets hampered then file case before the Tribunal or high court as the case may be as per your service rules and regulations.
From examining all the facts of your query I want to say that-
I can understand your problem. There are already many cases against State Bank of India (SBI) in various Courts of India. As you know in India it is illegal for a person to have more than one job at a time. A relieving letter is issued by a company to an employee who has duly resigned from his said post, to be used as proof for future employers. Relieving letter only states formally that you have been relieved to ensure that a new employee has resigned from his previous company and he is not trying to work two jobs at the same time. This prevents people from taking a holiday to try out another company. It will function as a notification to the employee, that his/her resignation has been accepted and he is relieved from his current duties.
To my mind if you don't have the most recent relieving letter, there are greater chances of job application being dropped, regardless if you are a potential candidate or not. The employer has no way to know whether or not you have been relieved from your last assignment and that there are no pending engagements with your last employee. In most of the states, a relieving letter or service certificate should be provided to the employees promptly at the time of leaving the organization. This is governed by the Shops and Establishments Act.
The relieving letter should be issued on the same day you are going to leave. In these circumstances, an aggrieved employee can file a civil suit for a mandatory injunction against the employer directing the employer to hand over the relieving letter to the employee and also for salary recovery along with damages.
Different labour laws contain overlapping definitions for terms such as ‘employee/workman’, ‘wages’, ‘employer’, etc. There are situations where a particular labour law may be applicable to one set of employees in an establishment whereas the rest of the employees may be excluded. This means that applicability of a particular labour law to an individual will first have to be determined in order to comment on the benefits/protections available to such individual
To take legal action against SBI you can send a legal notice through Advocate immediately. I have recently issued legal notices under my signature to such delinquent public and private organizations on the behalf on various clients in various States of India. Many organizations have come forward to do the settlement. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.
You can also file a police complaint against SBI online. Complainants who have access to the internet could file online complaints if their State or city provides such a service. In order to do so, the complainant must access the website and follow the steps as shown on the website. Currently, filing an online complaint is the safest and most convenient method of reporting an offence. Using online portals for filing complaints or an FIR is easy. The options on the websites are easy to understand as well. A copy of the FIR would be sent to the email address provided by the complainant. Therefore, the complainant should make sure to give a working email address and/or their Whatsapp contact when filing a complaint. More than half of the Indian population has access to telephones and mobile phones. Even if someone does not have access to either of them, someone in their vicinity might have. If someone has to report a matter during the lockdown, they could dial 100 and call the police. It is legal to file a complaint on a telephonic conversation.
You can file a complaint with the Labour Department, Government of Andhra Pradesh. According to various High Courts, Supreme Court and Central Government guidelines employers of public and private organizations shall not withhold the reliving letter or any other important documents during Covid-19 crises and if they do so they are liable to face appropriate legal action.
All the above options can create pressure on SBI to give you the reliving letter with immediate effect.
You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.
Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India
How can you hold the law of the country for the mischief done by your bank staff, be it a manager or the HR.
Since there is no time for salvaging the same, you may approach the higher officer above the HR with a similar request to intervene and direct the HR to provide you the desired certificates which are required to be submitted to the new employer.
You can have the copies of ll the efforts taken by you to procure the same and produce the same to the new employer with an assurance to obtain the same at the earliest and permit you to join the new job in the meantime.
You are the person in need of this requirement and not the bank staff, hence you only have to look for the ways or sources to get the desired certificates.
If all your efforts fail to yield the fruitful result then you can resort to legal action as per law
You need to first file a complaint to your senior management and then approach SAT for the same
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Except, recovery of the said amount, company cannot harm you for the same
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Further, the employment bond with the negative covenant is valid and legally enforceable, if the parties agree with their free consent i.e. without force, coercion, undue influence, misrepresentation and mistake, but it is not enforceable, if it is either one sided, unconscionable or unreasonable.
- Further, section 27 of the Indian Contract Act prohibits any agreement in restraint of trade and profession.
- Hence, better serve the notice period only , or pay , and tender your resignation with the request of issue experience certificate
- Since, you have already informed for your resignation , but not response, hence you should send a legal notice and thereby ask for relieving letter and other mandatory documents in need for joining new job.
In the circumstances of the case, firstly convey all the developments to your new employer and ask them to provide you an extension. I am hopeful they would be considerate to accommodate your request. Immediately get issued a legal notice to the HR with all the details and copy it to the branch manager.
There are remedies available through the courts as well, but considering the urgent situation, try to resolve this dispute amicably outside the courts.
1. Has the Bank accepted your resignation letter?
2. Ordinarily the Bank issues relieving letter on the last day or before that mentioning that you shall be relieved on that particular date.
3. Met the Regional Manager immediately and in the meantime request the new bank to extend the joining time since you are yet to receive the required certificates from your existing Bank.
Dear Sir,
You may take the route of writ petition in high court. Before that, file the legal notice to the bank asking to do the needful.
File a police complaint against both the bm and HR for harassing you and file a writ petition in high court for instantly issuing you the required documents
1. Serve a lawyer's notice the authority which has to issue these documents to demand that they are issued without any further delay.
2. If your demand raised in the legal notice is not met then you may file a writ petition against SBI in the High Court.
you can submit a written complaint in the employee's grievance portal.
Legal remedy is lengthy. HR is idiot and misusing his authority. BM is frustrate.
Keep requesting. And due to their act, you lost the lost, you are entitle to claim losses from them till the time you left unemployed. By filing recovery suit to claim damages and compensation.
1. You should send an official mail to branch manager taking HR as cc about providing required documents.
2. You should tell them that about providing reason for not issuing such documents at time of relieving.
3. If you lose opportunity of next emoloyement then file suit against current employer for claiming compensation for loss of opportunities due to delay in providing required documents.
