Termination during notice period (3 months)
Kakoli
(Querist) 19 September 2015
This query is : Resolved
Hello,
I am working as a confirmed teacher in a CBSE affiliated school and now am unable to continue my service because of my poor health. Although I have served my notice period can I leave the school before the notice tenure ends. As mentioned in the CBSE affiliation bye laws - 1. If an employee at any time after confirmation intends to resign he/she shall give three months’ notice in writing or three months’ salary including all allowances to the Managing Committee. (is it mandatory to serve my notice period). The school has served a notice stating that I have violated the CBSE rules and code of conduct and they will take legal action if I did not complete my notice period or pay three months salary. Can the school file a legal case against me? and if YES what will be the consequences?
Kumar Doab
(Expert) 19 September 2015
You have posted conflicting statement:
“Although I have served my notice period can I leave the school before the notice tenure ends.”…………………..“(is it mandatory to serve my notice period)”…………………” if I did not complete my notice period or pay three months salary”
Have you served the notice period?
Has the school issued any appointment letter/contract and did you sign it? Do you have the copy?
In your state is there any other enactment that lay down service rules/conditions……………………….e.g notice period…………………..say by State Education Act?..........................Or is the school covered by (name of the state) Shops &Estbs Act?
Kakoli
(Querist) 19 September 2015
Hello Kumar Doab,
Presently I am working as a confirmed/regular teacher and according to the CBSE CODE OF CONDUCT, if I intend to resign then I have to serve a notice period of 3 months from the date of resignation. But as my health is not giving me the permission and the school authority is demanding to continue my notice period or 3 months salary in lieu thereof.
I am not aware of the State Education Act and also no clue of notice period.
Kumar Doab
(Expert) 19 September 2015
Few & very basic points and information has been asked.
The information that is required from you, can only be provided by you.
The teachers have formed various various forms and also maintains well nourished blogs. You may take their help.
Or you may submit medical record papers and request the appointing authority,managing committee to waive off the notice period/pay.
Or you may tender notice pay in lieu of notice period, if an appointment letter/contract of employment has been issued to you and signed as accepted by you and it contains a clause on notice period/pay.
Or you may tender notice pay in lieu of notice period, even if an appointment letter/contract of employment has NOT been issued to you and signed as accepted by you containing a clause on notice period/pay............
Or you may quote the clauses/sections of enactments/rules that are applicable to employer/employee according to which notice period/pay of 3 months is not applicable to you.
Rajendra K Goyal
(Expert) 19 September 2015
Well advised, agree with the expert Kumar Doab.
Kakoli
(Querist) 20 September 2015
Thanx Sir, I already submitted medical record papers and requested the appointing authority, managing committee to waive off the notice period/pay. But they are adamant and mailed a notice asking me to complete my notice period or pay three months salary.
Q--Can you please quote the clauses/sections of enactments/rules that are applicable to employer/employee according to which notice period/pay of 3 months is not applicable to me. ( I am finding it hard to find) It will be very kind of you.
Kakoli
(Querist) 20 September 2015
Rules of TERMINATION OF SERVICES for employees:
1: If at any time an employee intends to resign you shall give one month's notice in writing or one month's salary including all allowances, in lieu thereof, to the Managing Committee.
2. The Managing Committee shall also be competent to terminate your services if at any time it is felt that your performance is not satisfactory or your are violating the school rules and regulatios or CODE OF CONDUCT or the terms and conditions mentioned in the Contract of Service. This will be done by giving you one month's notice in writing or one month's salary including all allowances in lieu thereof.
3. After completion of the period of probation i.e on confirmation a notice of three months will be required (instead of one month) from either sides for resignation/termination.
Q-- Do I need to pay three months salary if I fail to continue the 3 months notice period.?
Q-- Cam the employer compel me to pay three months salary?
Q-- What will happen if I cannot pay the mentioned amount?
Kumar Doab
(Expert) 21 September 2015
The information is posted by you in increments.
You could have posted everything in your first post.........................The school has issued an appointment letter to you.
If the school is covered by ( name of the state) Shops and Establishments Act and you are covered by def. of employee.......................and the notice period max. in the enactments is 30 days...........................and/or as in case of Maharashtra in your case there is a state enactments in place......................you may refer to it.................
The various Teachers Forum can guide you.
If there is nothing that covers you then you can either serve notice period or tender notice pay in lieu of it.
You can try and apply your resources to make the management agree to waive off as a special case.
The school can issue legal notice after notice by bit and approach court for recovery.
Kumar Doab
(Expert) 21 September 2015
The counsels at your location, office of bearers of teachers Forums may provide you some precedents that may help you.
You can discuss with an able counsel at your location.
Kakoli
(Querist) 21 September 2015
Sir Kumar Doab,
Please refer to the point no 1 and 3. Don't you think they contradict each other and is vague?
What is I say that the employer cannot claim 3 months salary and if he does thn its against the law?
Please comment.
