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Gaurav Kumar   07 October 2024

Can my wife take legal action for school retaining documents and unethical practices?

My wife is a teacher at a private school in Delhi. Upon joining the school, they mentioned in the appointment letter that a three-month security deposit was required, and verbally, they stated that she would not be allowed to resign during the academic session. Additionally, they retained her original documents until the security deposit was paid. Despite these terms, she joined the school.

During her employment, the school instructed her to collect fines, trip fees, and annual function fees from students. When one parent did not submit the annual function fee, the school directed her to lower the student's marks, intending to pressure the parent. They also insisted that she should ensure the school's name was not involved in the issue.

These demands conflicted with her professional ethics, and as a result, she experienced significant mental stress. On 21-09-2024, she developed a fever, and the doctor advised her to rest, issuing a medical certificate for 10 days (from 21-09-2024). Despite this, she continued working until 24-09-2024 to complete paper checking and prepare results, as her fever was minimal at that time. However, after 24-09-2024, her condition worsened, and she requested leave from the school. The administration dismissed her request, suggesting she take medication and return to work. On 25-09-2024, I accompanied her to the school to submit the medical certificate. During this visit, I confronted them about their unprofessional practices, which were creating unbearable working conditions for teachers. They accepted the medical certificate and allowed her to leave.

She recovered from the fever by 04-10-2024, and the doctor issued her a fitness certificate to return to work on 05-10-2024. However, when she attempted to rejoin, the school informed her that a committee, consisting of medical and legal personnel along with school members, would evaluate the validity of her medical certificate. They argued that since she had worked from 21-09-2024 to 24-09-2024 despite being advised bed rest, her certificate was invalid. They implied that this could lead to her termination. Under this pressure and fearing the consequences on her career, they suggested she resign, which she did in haste to avoid termination.

We seek legal advice on whether the school's actions were justified and whether we still have grounds to take action against them.

Can My Wife Take Legal Action Against a School for Retaining Her Original Documents, Forcing Unethical Practices, and Pressuring Her to Resign?



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