Can a teacher in a pvt school resign without serving 3 mos notice period at end of academic session

Being a teacher in a private school can I resign and leave at the end of an academic session without serving the notice period? As per agreement I had to serve three months of notice period. I work in a private school named NPS International School in Guwahati. The school had compelled me to sign an undertaking on Sept,2021 where it is mentioned that I have to serve 3(Three) sessions/years as a teacher and had deducted Rs 2500 per month for 19 months equivalent to two months present day salary. In the agreement there is a point written that -( If I wish to discontinue before the completion of the said term, I authorize the school to claim my security deposits\ equivalent to two months of my gross salary. This is in lieu of the amount spent on workshops, paid training programmes, newspaper/ online advertisements for teachers' recruitment who leave between sessions and other welfare schemes for me during my tenure here.) So my question is even after deducting my two months salary in advance can the school authority force me to serve the three months notice period? Even they are not issuing me the clearance certificate as well as the experience certificate. They are saying that I have to serve the notice period in any condition. They are mentally as well as verbally torturing me so much that I cant even sleep at night thinking about all these nuisance. They are even saying that they will take a legal action against me for not serving the three months notice period even though they had already deducted two months advance salary and also not likely to give this month(present month) salary as well. They don't even have PF facility, gratuity or any other benefits. After serving 7 long years at this institution I didn't get any benefit. I would also like to mention that even after serving for 7 long years and giving so much to the institution, I am very much at pain that they are behaving so unprofessionally with me. Isn't this injustice to me?

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As per the terms of employment you have to serve three months notice irrespective of the completion of the academic session.

You can serve one month and rest of the two months you can ask the school to adjust the compensation out of the deposit amount held by them.

They threaten that legal action would be initiated against you, but no such action is legally maintainable

If they torture you further then you can issue a legal notice to them mentioning about their excess in this regard and instruct them to refrain or face legal consequences due to this.

T Kalaiselvan

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She can resign after serving due notice else pay the notice period amount to the said school

Prashant Nayak

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You are required to serve the 3 months notice period as per terms of your appointment letter

2) if you fail to do so school will not issue you relieving letter

3) it is at discretion of management to waive notice period on payment of salary in lieu of notice period

4) 2 months salary kept by your employer is as a security for you to serve 3 years in lieu of training imparted to you

Ajay Sethi

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You are required to comply with all the terms and conditions specified in your letter of appointment and the Employee's Service Regulations. If your letter of appointment and/or the Employee's Service Regulations provide for the payment of Notice Pay in lieu of services to be rendered during the notice period, you may opt for the same. However, if there is no such provision in your letter of appointment or in the Employee's Service Regulations, you are obliged to serve the stipulated notice period. If you fail to do so, you may face penal provisions as per the referred Service Regulations.

Mohammed Mujeeb

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Can the security money which the school authority had already deducted Rs 2500 per month for 19 months equivalent to two months present day salary be adjusted in lieu of 2 months notice period? And if they dont give the present month salary then the deduction will be equivalent to 3 months salary. Can this be adjusted against 3 months notice period? 
 
We don't have any EPF facility, gratuity or any other benefits. Also we are given just one CL per month total 12 CL per year. If we take more than one day leave then salary is deducted. After serving 7 long years at this institution I didn't get any benefit. Isn't this injustice that an institution which have more than 100 employees serving for years doesn't get any benefit like EPF or is it normal in whole of India?

Asked 1 year ago

it cannot be adjusted in lieu of notice period as it was security for working for school for 3 years

2) you are entitled to gratuity as you have worked in organisation for more than 5 years

Ajay Sethi

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You can write to the school authorities as suggested in the previous post.

If the school refused to adjust the same then you can demand return of the security deposit on the date you are leaving the school.

If the EPF has not been deducted then you cannot claim PF amount, however they should pay the gratuity as per applicable law.

According to the Gratuity Act 1972, an employee is eligible to receive a gratuity amount after completing five years of continuous service at one organisation. The gratuity amount is paid to the employees once they retire, resign, or are laid off.

T Kalaiselvan

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Dear client,

As per your agreement, you are required to serve a three-month notice period before resigning. However, it is not legal for the school to force you to serve the notice period if they have already deducted two months' worth of salary as security deposit. The security deposit serves as a form of compensation to the school for any expenses they may incur in the event of an early resignation, as mentioned in the undertaking you signed.

It is also important to note that withholding your clearance certificate and experience certificate is not legal. It is your right as an employee to receive these documents upon resignation. The school cannot withhold them as a means of forcing you to serve the notice period.

Regarding adjusting the security deposit against the notice period, it would depend on the terms and conditions mentioned in your agreement. If it is not mentioned explicitly, it would be advisable to consult a lawyer to understand the legal options available to you.

As for the lack of EPF, gratuity, or any other benefits, it is not uncommon for private schools to not provide these benefits. However, if the school has more than 20 employees, it is mandatory for them to provide EPF. If they are not providing it, you can file a complaint with the Employees' Provident Fund Organisation (EPFO).

It is certainly unjust that after serving 7 long years, you have not received any benefits or additional leave. As an employee, you have the right to fair compensation and working conditions. If you feel that your rights have been violated, you can seek legal help to understand the options available to you.

Anik Miu

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Yes it can be adjusted if you request the same to them. If you have worked more than 5 yrs you are eligible for gratuity

Prashant Nayak

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Can a teacher in a pvt school resign without serving 3 mos notice period at end of academic session

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