I was a teacher in a reputed school, joined on 30 March,2017. I have a past experience of 9 Years in teaching. I had performed my all duties with full dedication in the school. Till now i have not received any negative observations or written/verbal warnings regarding my teaching.Few days back, my husband had raised a concern through mail regarding my health due to long hours of working-8:30am to 5:00pm(daily staybacks after school).I went to Principal two times to discuss about this but she ignored me by showing that she was busy. After two days,HR called me during dispersal and handed over me a relieving letter without proper reason and without discussion with principal and director. They have mentioned in relieving letter- dereliction of duty. but I was not getting the proper reason that which duty i have neglected as i am always regular and punctual in the school(took only one leave).I have mailed to the director about my all duties which i have performed but no reply for my injustice.I approached the principal many times but she was ignoring me.Even HR forced me to sign on the relieving letter as my educational certificates were with them. They have not given my salary of the days which i worked in August 2017(21 days). Even in my contract letter they have mentioned that the management can terminate your service without notice or payment of salary in lieu thereof and the employee has to give 3 months notice period while resigning during probation period.I have some liabilities towards my family which the management has ignored.now i am feeling mentally harassed. please help me what should i do??
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1) it is necessary to peruse your appointment letter to advice
2) in the event your services are terminated you are entitled to salary as per terms of your appointment letter
3) you are entitled to your salary for month of August and also salary in lieu of notice period
4) complain to deputy director education department against school management
5) also issue legal notice to recover your dues as per terms of your appointment letter
thanks alot for guiding me...Mr. Ajay Sethi. Could u please tell me about 1)which labour law is valid in my case? 2)can I file a case against management inspite of any clause of termination in my appointment letter as i mentioned in my last query? 3)which lawyer i should prefer- local or from outside hyd? 4)Do I have a right to take 3 months salary as in my appointment its mentioned the management will not pay if they terminate the employee? Please suggest me how to proceed further to get my rights.
prefer local lawyer
2) you would not be entitled to 3 months salary if under terms of your appointment letter there is no such clause in your appointment letter
3)f the employee is not performing well then ethically the organization must give them a written notice and a time frame to improve the performance.
4) a clause must be added to the notice that in case the employee's performance doesnt improve then the management may go ahead and terminate the employment of the that particular employee.
1. You say that you signed the relieving letter and were made to do so under force. Once you have signed the relieving letter then you have accepted the accusation of dereliction of duty. However, this does not permit the employer to withhold your salary for the period that you gave your services. You have the right to be paid for the period that you worked.
2. Serve a lawyer's notice to the school to release your salary, and if it does not do so, a suit for recovery of money in the civil court is the only remedy.
1. As I said before, you are free to file a civil suit for recovery.
2. Engaging an outstation lawyer will be an expensive affair as you will have to bear his transportation and lodging charges, so go for a local lawyer.
3. Since the clause says that school can terminate your services without a notice or salary in lieu thereof, you have no right to recover the salary for 3 months.
The fault in your side is that you allowed your husband to interfere in your employment.
This might have been viewed seriously by the school management.
However this cannot be an action for that.
They should have warned you about this, given you a chance to correct yourself in future in this regard.
The sudden and drastic action taken by the management can be challenged in the court by filing a writ petition in the high court seeking the reinstatement with an application for a stay for the operation of their termination order till the disposal of the main petition as an interim relief.
1. Labor law will may not be applicable for teaching professions.
2. You may file a writ petition before high court for cancelling the illegal termination order and to reinstate you.
3. It is totally your choice to engage a lawyer from local or from outside.
4. The writ petition will decide about this aspect too.
In my opinion, if you send a legal notice challenging the action of the management, you will come to know about the result, the management, in order to avoid the court action and embarrassments, they may come down for negotiation and you will be given opportunities either to continue or to leave with a heavy package.