private academic institution asking to resign/terminate

Is it a Govrnment aided institution?

Thanks for responding. No it is not a govt aided institution.

Thanks for responding. No it is not a govt aided institution.

Vasundha can u put up the letters u recieved on ur appointment without the name of the place you work 4 and the details of  why u are being asked 2 go, what conditions are being created and what reasons are they creating 4 ur temination. Pl put up so that  we can help you in a better way.

Thanks sushil

well, I do not have an appointment letter since I have not completed a year. However, I do have their offer letter and shall give yo the details of it soon.

The reason they asked for my resignation/termination are different. At one time it was non performance and now disciplinary reasons.

They also say that I  have taken maximum leves whereas I took leaves on health grounds. Did intimate the officials through mails whenever I took leave. Also they say that I come late and leave early. This is baseless as whenever I did that I kept authoities informed about it and gave the reasons as well. I have all the record of my mails.

Along with teaching a new subject which is not my domain area, I am involved in a research which is new to me. During the initial days, I was in the learning period but they had high expectations from me in terms of delivery. When I tried clarifying thngs to them they dint listen. Basically they had a plan which they had already intimated to higher officals at the HQ and now they were not in a position to back out and when I resisted and questioned, they din like it. I am basically a hurdle in the way of these officials as I emphasis on quality work than projecting quantity.

I am given sermons on how to behave with seniors and respect them. Whereas I knw by head who is heading the research centre has zero academic credentials. He is not fit to head or lead a research organization. I questioned all this and invited troubles for myself.

Hope this much detail is enough.

D offer letter........n the reason 4 resignation asked, temination asked, What disciplinary reasons, anything regarding harrashment in any way, was ur leave intimated on a hard copy and accepted, any letters/show cause notice/memo/charge sheet/disciplinaty action mooted, any punching in and out time at work. Let u know this.

Following are the weak points in your case:

1. No appointment letter.

2. Not completed on year of service.

3.No letter/chargesheet etc., intimating your indescipline or non-performance.

If you can prove that you are in their employment i.e., pay slip/salary being credited in Bank Account etc., please try to file a civil suit in local court and obtain an order against the Management, restraining them not to terminate your services without prior notice/intimation  etc.,

Chances of winnning the case will be remote, but you can gain time to search for another employment.

Don't think I am discouraging you. There is no specific labour law which protects white collar employee in India. This is the reason many educated unemployed youth are exploited by managements. You must aware that many Graduates work for less the minimum wages prescribed by the State Gvoernments for unskilled labour.

Regards.

B Radha Krishna

Sushil

 The reason for resignation/termination are (as I mentioned in my previous mail)

1. Initially non-performance

2. Now they say I am spoiling the discipline.The reasons for this according to them  are- coming late and leaving early, not intimating when availing leaves. We have a punching system and I always punch it while entering and leaving the office. I have been communicationg to the staff couple of times about my coming late due to valid reasons. I have never left early from office. I also have a record of email sent when availing leaves on medical grounds and on occasions when I'd been attending conferences/seminars.

3. Regarding harassment- calling me time and again to the cabin and speaking rudely. Not giving me any chance to explain matters, initially rejecting my application when I wanted to go  and participate in conferences.  Constantly reprimanding me on my performance. Not that others performance was satisfactory or beyond expectation.

4. I had been raising my concerns and mailing the HR since November last year but never received any response for my mails. The other day I was asked to call the HR head. Subsequently, during my conversation with him he told me if I do not mend my ways, I will have to resign or they'll terminate me. The phone was disconnected abruptly.

5. I have never received any warning or showcause notice by the HR head. It was the first time during my conversation with him that I was asked to resign.

Thanks Mr Radha Krishna

We do not get any pay slip from them. The salary is credited in my account every month.

Yes, I am looking out for other job opportunities as well.

Thanks again.

You do have a remedy if the school is recognised. In almost every state there is School Education Act and the management of every recognised school is subject to provisions of the Act. There are provisions of protection of employment and also regarding disciplinary action.  But I will certainly advise against submitting it to the wishes of the manangement if the dictates are arbitrary and unjustified.  Do not resign.

I donot go with the opinion of Mr. Radha Krishan. From his profile he is looking HR functions. I am sure employees in his company shall be happy.  In case of teachers Industrial Dispute Act is not applicable as teachers are not workmen under the Act however to overcome this hurdle every state has enacted School Education Acts. Otherwise labour laws are adequate to take care of job security. In one of the answered query 'Future of Labour Laws' in 11th April Q&A  Mr. Sanuj Klshreshtha and Mr. Gaud gave realistic answers.  I am yet to thank them for theirqualified replies.

Thank you Mr Thukral. The institution comes under deemed university category. Moreover ,  as per the latest updates, I have received a mail from the HR of the institution which is an explanation of the issues I had raised months ago regarding our work. 

Various questions are raised with regard to my leaves, coming  late, not seeking permission and low productivity. I have replied to all of these giving them proofs and evidences.

I am now waiting for their next move.

The principle of Natural justice should b followes