Hi,
A friend of mine works for a school. Before the school closes, the management sends a consent letter by email asking whether the employee wishes to continue. An acknowledgement was sent by email stating that she would continue and the school closed for the holidays. During this period one months salary was paid. During this period a better offer came by and my friend accepted the offer. The school has not reopened yet and she resigned from the school. Now the school is not willing to give the relieving letter and is about the send a show cause notice. She is willing to return the one month leave salary that she received during the holidays.
Please advice
From India, Bangalore
A friend of mine works for a school. Before the school closes, the management sends a consent letter by email asking whether the employee wishes to continue. An acknowledgement was sent by email stating that she would continue and the school closed for the holidays. During this period one months salary was paid. During this period a better offer came by and my friend accepted the offer. The school has not reopened yet and she resigned from the school. Now the school is not willing to give the relieving letter and is about the send a show cause notice. She is willing to return the one month leave salary that she received during the holidays.
Please advice
From India, Bangalore
Many material details have not not been given by you. However, assuming the employee is a teacher in a school, it can be said she is not a workman nor the school is covered under the Shops and establishment. If it is a recognized school then approach the competent authority under the concerned Education Act for getting you relieving letter. But before that she should have resigned and then send a legal notice to do full and final settlement. If nothing materializes then file civil suit to obtain interim mandatory injunction from civil court for getting relieving letter.
Thanks
Sushil
From India, New Delhi
221Thanks
Sushil
From India, New Delhi
In continuation of above, it is observed that by virtue of sending email to your friend by school, seek consent of continuation, it seems that she is not working on regular basis so there is no necessity to give notice period as she is working on temporary basis. The contractual terms of notice pay in lieu of notice period , if any, may be scrutinized and complied with through registered post. Take action as stated above earlier.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
Hi Sir,
Let me mention the complete background.
1. She has worked in this school for the past 4 years and is a full time employee. The school is a recognised school which is under the purview of a recognised college
2. In her offer letter it is quoted that she has to give 3 months notice if she decides to leave.
The school is now demanding for 3 months payment in lieu of the notice period and also demanding that she return the leave salary for one month and has not paid the leave salary for the second month.
1. If she decides to return the money against the notice period, how much should she pay?
2. Please let me know which is the competent authority under the Education act in Bangalore?
Thanks and regards,
Unny
From India, Bangalore
Let me mention the complete background.
1. She has worked in this school for the past 4 years and is a full time employee. The school is a recognised school which is under the purview of a recognised college
2. In her offer letter it is quoted that she has to give 3 months notice if she decides to leave.
The school is now demanding for 3 months payment in lieu of the notice period and also demanding that she return the leave salary for one month and has not paid the leave salary for the second month.
1. If she decides to return the money against the notice period, how much should she pay?
2. Please let me know which is the competent authority under the Education act in Bangalore?
Thanks and regards,
Unny
From India, Bangalore
As stated by you that she is a regular employee of the school, thus she is entitled to salary of two months during summer vacation. Now under section 97 of the Karnataka Education Act, an employee may resign only when attested by a govt. Officer otherwise it will not be recognised and the employee has to follow the terms and condition governing the service. Here the notice period is 3 months as stated by you. Thus you may return the two months salary of vacations and pay one more month's salary in lieu of notice period.
The competent authority is as defined in the Act a state govt officer as notified in the gazette of state. The details can be found from the Education deptt of the State govt.
Thanks
Sushil
From India, New Delhi
The competent authority is as defined in the Act a state govt officer as notified in the gazette of state. The details can be found from the Education deptt of the State govt.
Thanks
Sushil
From India, New Delhi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
PPT FOR GROOMING SCHOOL.ppt
Relieving Clearance form.doc