Hi All, I am a manager of an unaided school in Kerala (and I am new in this position). Recently we introduced a new rule to ban mobile phone inside the school. But some teachers were not interested to obey this rule. So we pressurized them to not use phone inside the school. Finally all allowed to obey the rule except one. She continued to use mobile phone. So, I spoke her roughly to stop this habit. Then she stopped coming to the school. She is not completed her syllabus and it is hard for us to find another teacher in this last moment. We asked her to comeback and continue, but she is not interested to continue by allowing this rule. She sent a registered resignation letter to us. We didn't receive it. We sent it back to her without acceptance. We don't want other teachers to do the same. So we terminated her from the job. But we didn't gave her the termination letter. Other Important information ====================== 1. She didn't sign any bond or contract at the time of joining 2. Unfortunately the previous manager not gave her even an offer letter (But she regularly signing in the register) 3. But we have her original certificates for the purpose of security 4. She didn't resigned properly. She sent a registered resignation letter to us. But we returned it without accepting. 5. We verbally informed her that she is terminated. But we didn't handover her termination letter yet. My doubts are ============ 1. Can we take legal action against her (either for using mobile phone inside school or for not coming school) ? 2. She is asking her certificates back. Can we hold it for next 4 months to give a message to the other staff of the school (Because this habit may spread to the other staff also) Please help us.
1. You may serve upon her a legal notice, bear in mind that in absence of any employment agreement your claim in court will not stand tall but a legal notice may give a good impact. You may send a notice and claim the compensation for the loss that the school has suffered due to such act.
2. I would not advise you to withhold the documents without any reason because she might register an FIR for the said reason.
Just continue on termination decision. Let her come back to ask her certificate.
You have not issued any appointment letter means she was a ad-hoc appointment on daily basis.
Issue of any termination letter will create further problems so insist she should resign.
You can not force any one to work where quality is expected.
Don't go for any legal action.
1) There is no contract or agreement between her and management nor she got any appointment letter for joining as a school teacher. Signing of master won't prove she was appointed as teacher or peon.
2) If you have treatments already from services this is a big punshiment for her. Don't hold any one original paper unnecessary, give it back to her.
One additional point: ================ We didn't gave her any receipt/acknowledgement while receiving her certificate. So can we tell he that we don't have her certificates in our hand (actually we have her certificates) ?
1) Don't do false work or cheating, if you don't give now tell her that the certificates are in your custody and she will get in the month May 2018 after results.
I will advice you to go with the clean hand it is normal law, as in the court if it is proved because if you have the practice of keeping the certificates of staffs then it will go against you.
Please reconsider your action after reviewing all the possibilities.
1) you cannot retain original certificates of teacher
2) it is an offence under section 406 of IPC and amounts to criminal breach of trust
3)you cannot take legal action against teacher as you have not even given her appointment letter
4) teacher has no signed any bond
5) accept her resignation
return her original certificates as teacher may file police complaint against management for criminal breach of trust
1. Legal action could have been sustainable against her only incase you at first place had signed an employment agreement with her defining there in all such acts that would have constituted misconduct. Since, there's no Agreement which defines the scope of misconduct, and classifies unauthorized absence and use of mobile phone inside the school premises as misconduct; there's no basis for you to proceed this teacher.
2. No, thill will give her occasion to institute Legal proceedings against you.
3. Incase she's has no proof to demonstrate that her certificates are with you, in that case you may take a chance to keep withholding her certificates.
The legal action you can take is deduct her salary for notice period and terminate. Using mobile is not illegal under any act and cannot be ground for such actions.
Also she gave a registration letter by registered post and she has a record for it she can sue managment for not accepting same and terminating her services without any written notice.
Holding certificate is wrong and she has right to file an FIR against you and the manager this can lead you in trouble though she doesnot have acknowledgement but the other teacher and colleagues can witness for her on such rule of school.
I would not advise you to give any statement at any point of time which is false and incorrect
Regards
1. IT is highly nefarious & false for such attitude to be shown by a School /College to its teachers, besides inadvertently teaching the students, such nuisance techniques.
2. Resignation by Registered Post, is legal for all purposes.
3. Forcefully retaining /refusing the Teachers Certificates, shall attract Criminal proceedings, too.
Keep Smiling .... Hemant Agarwal
Hi,
Going through all the points put forward by you, it is suggested that you sent a notice to the said teacher for joining her duties and complete the syllabous, else her services would stand terminated and she may not claim anything for that.
Dear Sir,
My answers to your two sets of questions are as follows:
1. Can we take legal action against her (either for using mobile phone inside school or for not coming school) ?
Ans: No, the law does not permit.
2. She is asking her certificates back. Can we hold it for next 4 months to give a message to the other staff of the school (Because this habit may spread to the other staff also)
Ans: It is your moral responsibility to return the documents otherwise she may create a scene by approaching police and the Court. You cannot bring awareness by returning her certificates among other staff members but it gives a wrong signal about your administration among other staff members and indirectly alerting them about legal rights.
We didn't gave her any receipt/acknowledgement while receiving her certificate. So can we tell he that we don't have her certificates in our hand (actually we have her certificates) ?
Ans: As said above it is your moral responsibility to return her certificates even otherwise she can get duplicate academic certificates from concerned educational departments.
1. You can initiate termination action for not attending the job, but your act of returning or refusing to accept her resignation letter sent by registered post clearly indicates your approach as illegal, hence your stand will fail if she approaches court of law with a complaint agaisnt you for this illegal action.
2. You cannot hold the certificates illegally.
You are no on to teach lesson to others.
You are an employer and you have to follow the employment norms as per law, you cannot take law into your hands.
Dont do the mistake of withholding her certificates, she may resort to initiate criminal action against you even through police or through criminal court of law with a private complaint for extortion and blackmailing crimes.
One additional point:
================
We didn't gave her any receipt/acknowledgement while receiving her certificate. So can we tell he that we don't have her certificates in our hand (actually we have her certificates) ?
This would be unfair and illegal.
She can lodge a complaint against you with the police and even may obtain a search warrant through court which would turn the events embarrassing and awkward.
Avoid inviting troubles.