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Kumar Gaurav   01 November 2024

Bangalore private teacher laws

Hi,

My wife is a Hindi teacher in a private school in Bengaluru. She had to sign a bond for one year with the school, which, if broken, will cost her three months of salary. Her current salary was 17,000 per annum as per the offer letter. 
She has been in this position for almost seven months now. 
However, the Principal is telling her that they will change her position from Hindi teacher to librarian (she has BLiB/MLiB degrees as well), and in the process, will deduct her salary to 15,000 applicable from next month onwards.
She had to submit three original documents to the school while joining, so she can't abscond without paying the amount.

Is there any legal ground for them to do such a thing when they have forced her to sign a bond? 

If someone here is familiar with Karnataka/India laws regarding private teachers, please enlighten me.



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     01 November 2024

There is no necessity for your wife to sign a fresh bond altering the conditions of the employment.

Besides the school uthorities cannot hold back her certificates, it is illegal 

Your wife can refuse to accept the lower post with lesser salary and can refuse to sign or accept their dictates, let them take action, she can challenge them legally

Kumar Gaurav   01 November 2024

Also, they have a stupid rule where if a teacher takes 1 day extra leave on top of the allocated 10 days of Dussehra leave, they deduct the salary for the whole 11 days.
My wife had told the principal in advance that she had to visit her father who has stage4 cancer and will need 2 extra days of leave. The prinicipal had verbally agreed to this and had asked to submit a written request, which my wife did. But I'm feeling she will not honour that agreement due to this incident.
Can we take any legal action in case they deduct the 11 days salary?

T. Kalaiselvan, Advocate (Advocate)     01 November 2024

If the employment terms and conditions were read and understood before accepting or signing the agreement then it will be of no use to take any legal steps to express your frustration or dissatisfaction . 

if you violate the conditions of the employment then the management may reserve its rights to initiate legal action as per their rules, however that will not empower them to deprive your basic rights or the constitutionally protected rights in this aspect. You may consult a local advocate, discuss the issue at length and take appropriate action which is warranted to this situation, provided the issue is beyond your control

P. Venu (Advocate)     01 November 2024

The norms followed by said school are just conditions laid down by them, and they have no right or authority to impose any condition which violates the ordianry rights of the citizens. Imposing the arbirary bond, forcing the employee to take up another post against the will of the employee that too, at a lower salary, excessive deduction of salary, witholding the original certificates etc. cannot withstand the scrutiny of law. 

However, it is not that easy to seek justice through a civil action. Remedy, in my view, lies in approaching quasi-judicial forums such as Human Rights Commission, Womens Commission, Legal Services Authority etc.

Dr. J C Vashista (Advocate )     02 November 2024

Prima facie it is an unaided private and not a government or government aided school, where such practices are followed, isn't it ?

Sudhir Kumar, Advocate (Advocate)     06 November 2024

Primarily you have sought advise only from those experts who know Kannada Laws.  Probably you  did not know that there can be central law also to your rescue.

 

However,

 

Employer is at liberty to change the job. Even govt officials as high as IAS/IPS cannot avoid this.

 

But reduction of wages is not permissible.

 

She already appears to have been underpaid.  In all probability her Provident Fund is also under deposited

 

These schools (if recognized by state Govt) are bound to pay the salary as per govt scales which in any case is going to be much (much) beyond Rs 17000/-.  They are bound to submit report of wages to the distt education officer [and also to CBSE/State Education Board, if teaching metric and above].

 

These details are available in RTI.

 

As per another central Law (not Kannada Law) they are bound to deposit the Provident Fund in the office of RPFC Bangalore, as per the pay scale they are official giving.

 

This situations going to be much uncomfortable for the management. EPFO will recover actual PF of all employees from the day they employed 20 employees (including daily wage/ ad-hoc etc)

As far as deposit of originals is concerned you may meet a local lawyer for examining feasibility of complaint under Bonded Labor Act.

 


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