Madhuri Barman

Dear Seniors,
Our company is dealing with business of different industries. Earlier I was handling the HR activities of our real estate division & recently I was involved in the education industry of our company (an international school). Since I have to create the offer letters and other official letters to the school teachers, my query is about the various differences between the terms & conditions in the offer letters of a school teacher and of a employee in a private company.
For e.g. ,
(1) for the teachers our management wants to put six months probationary period and if they wish to leave during their probationary period, they will have to serve a Three months’notice or they must pay Three months' salary to the school (gross salary).
(2) If the school wishes to terminate their services during their probationary period, it may do so by giving a one months' notice or by paying one month' salary (Basic salary) to the teacher. The school is not under any obligation to provide any prior notice or reason for termination.
(3) Can we maintain similar terms for a employee in other private company.

Are these terms legally correct or not and what all aspects we must focus on.

Thanks & regards,

From India, Guwahati
Madhuri Barman

Dear Nathrao ji,
Thank you for the response. I agree that for the teaching staff responsibility towards his/her class & successful completion of session is very important and the same we have in fact mentioned in their emp. offers. We invest a lot on their training programs & other aspects but still we are facing this problem; so to put a stop to such mid session resignations the management wants some strong clause in their employment offers related to resignation /termination in order to have a hold on the staff but nothing is working out. We thought bring in the monetary part we can do something but again if we keep difference in the payment and receivable amount of salary i.e., when they have to give we are mentioning it as gross salary for three months but when we need to give we are mentioning as basic salary for one month. Does this justify legally. What could be the other options to stop the attrition of the teaching staff/pvt. company employees.

From India, Guwahati

Extract of Delhi School Education rules for information:
No teacher shall be releived of duties except on the expiry of a period of three months in case of permanent teacher,from date on which intimation to leave is given and one month for teacher who is not permanent.Rule for probation teachers
period of probation -one year
Advice you to read Education code and rules and frame rules accordingly.

From India, Pune

Ms Madhuri Burman,
i am a bit skeptical about the proposed service conditions though I am in complete agreement with Mr.Nathrao about the responsibilities of teachers and the midway termination of their employment. Though the accepted legal position is that education is an industry, in view of the judgment of the Allahabad High Court in Hindi Sahitya Sammelan Prayag Vs. Presiding Officer, Labour Court, Allahabad - 2005(104)FLR 834, the Industrial Employment ( Standing Orders ) Act,1946 is not applicable to educatonal institutions. If I were correct, the Karnataka Education Act,1983 has certain explicit provisions regarding conditions of service of teachers of private schools. On the face of it, the proposal regarding exit notice seems to me a bit arbitrary. Better, you cross check with the relevant provisions of the afore-said Act and Rules framed thereunder.

From India, Salem
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