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Legal Remedy in case wants to leave the job by breaking the bond
06-Sep-2023 (In Labour & Service Law)
Sir/Madam, I'm currently a probationary officer in Bank . I joined in July 2017 and I want to resign now. As per my appt. letter, I have to pay Rs. 1 lakh as security deposit for three yrs. If I leave the bank before completing three years of service, the security deposit will be forfeited by BOI. So, I handed over my resignation letter mentioning that I want to resign on 12/09/2017. But the HR dept. insists that I shall have to serve a three months' notice period before leaving BOI, citing the following point in my appointment letter - 'Even on confirmation in the service of the bank, your services are liable to be terminated by 3 months' notice or on payment of 3 months' emoluments in lieu thereof. If you are desirous of leaving the bank's services of the bank after confirmation, you shall give 3 months' notice in writing to the bank.' Since this paragraph doesn't mention what would happen during probation, it shouldn't apply to me. But they insist it does. Please help.
As per your statements, the said clause applied to confirmed employee.. hence probationer might not be included. apprise the HR department about it. Still you will be liable to pay 1 Lakh or your Security deposit of 1 lakh will be forfeited.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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general rule of thumb is that You have to work in the bank till your bond duration period (includes probation) & if you choose to quit the job within this period – the earlier agreed amount must be paid before leaving
if i am not wrong .. your probation period will expire on 2019 ,your security amount will be forfeited .hence you need to serve notice period i.e three months.
so far your case is concerned..try to obtain copy of bank policy,standing order notification etc. these documents are essential for analysis of your case.
The HR can trouble you by declining to accept notice of resignation, by blocking your settlement and issuance of documents.
If you have decided to leave.make a notice of resignation before your appointing authority. If hr becomes rigid you may try by representing and appealing to good offices of your appointing authority and Chairman of the bank.
if i am not wrong .. your probation period will expire on 2019 ,your security amount will be forfeited .hence you need to serve notice period i.e three months.
so far your case is concerned..try to obtain copy of bank policy,standing order notification etc. these documents are essential for analysis of your case.
The HR can trouble you by declining to accept notice of resignation, by blocking your settlement and issuance of documents.
If you have decided to leave.make a notice of resignation before your appointing authority. If hr becomes rigid you may try by representing and appealing to good offices of your appointing authority and Chairman of the bank.
Helpful?
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