Riteshmaity
Labour Law Advocate
Sambtmir
Management Consultant - H. R

Hi,

My wife is working in a well-known International school in Mumbai. She is working for many years with different branches and levels of school. The school keep on upgrading its name from one to another in 6 years and wife was given a new appointment letter every time as per their process.

In all new appointment letter a Probation Period of 2 Years is mentioned. Since school works on Academic years, she never got any Confirmation letter till date.

There are some unethical terms and conditions mentioned in the contract sheet”

a. If employee resigned in between academic year, he or she will not be able to work in any other school in that area or zone for that contract period.

b. Notice period of 2 months or 2-month salary in lieu to be served (during probation period), else dues will not be cleared.

c. Original certificate will be returned only at the end of academic year.

I just want to know whether above terms are legal to force on probation period contract and when no confirmation letter is given? As this can be blackmailing for an employee and can be mentally tortured to any employee who is only earning member of her family.

What Law says?

Thanks
From a simple reading, it seems everything is illegal from changing names and issuance of fresh appointment along with terms and conditions as mentioned by you. And there are plenty of legal remedy.
Thanks Mr. Ritesh for your valuable reply. school is not changing the name actually, but name is changed due to up-gradation, which is ok. i had a word with few teachers who had faced humiliation and insult in school and the situation comes when neither she can leave school nor wants to work. their husbands also intervene in between but failed. now after a successful long period in school my wife is facing the same situation and school is asking to resign. and if she resign she has to complete the notice period of two months. since 6 yeas she is not being given any confirmation letter too.
If she has worked for 6 years having continuity of service then it may be deemed that her service has been confirmed and will be entitled to all benefits avaiable to any employees.
Asking to resign or leave, if proved, can amount to illegal termination.
Regarding the point you have mentioned:
1. school cannot restrict you from joining any other school after you leave the school. You can even join the competitor school on the next day. The clause mentioned has no legal validity.
2. clause for notice pay does not seem to be wrong
3. School cannot keep any original documents of their employees in their custody. This is illegal.
"If she has worked for 6 years having continuity of service then it may be deemed that her service has been confirmed and will be entitled to all benefits avaiable to any employees"

The school name was changed from XYZ to XYZ INTERNATIONAL two years back. The School give a fresh Appointment letter every academic year to all the teachers of the school. my wife is having two appointment letters from same institution name. And it is clearly mentioned as "You will be on Probation Period Period of 2 Years"

Words from Letter:

A. " If you chose to leave the Institution, you will have to give a written notice of 2 Months (60 working Days) or else your dues will not be cleared. After your confirmation service, your appointment is terminable by giving 2 Months notice or pay thereof by employee to the institution for the termination of the contract. The management reserves the right to pay or recover compensation in lieu of notice period. Legal action will be taken against teachers who fail to give written notice of 60 working days. "



B. "Original Certificates will be returned only at the end of academic year EVEN if the notice period is served"

Since till date she didn't get any sort of Conformation letter, is she bound to give a resignation with notice period?

Thanks
I am astonished to learn that a school is indulging in such un unfair and utterly illegal practice of employing teachers. Some one should be bold enqugh to challenge thise practices in the appropriate legal forum / authority to stop these practices. A contractual employment per se is not illegal, but continuity of these practrices for a permanent position with other methods being resoted to by the school authority are surely be subject to legal scrutiny under and challeng under the appropriate statutes. The Maharastra Unfair Labour Practices Act or any other similar act - as amy apply to the School Teachers - may be looked into to stop this mal practices.
HR Consultant
Kolkata
Do you have any documentation or receipt of the original Certificates handed over to the school authorities, if yes then you can resign immediately and ask them to adjust the notice period against the due, which in your case will not be more than one month. The original certificates can be taken legally since you have receipt of the same.
If you do not have any documentation of the original certificates handed over to them, then it would be difficult to get it out from the employer easily. Rest Mr. Ritesh has aptly answered.
Thanks Mr. Ritesh / Mr. Sambtmir / Mr. Saji for your valuable reply. there is no receipt of original submission in school. above all is it mandatory for schools to keep the Original certificates and degrees til the employment? i think keeping photocopies is sufficient. Just in case i have to go the legal way, whom should i contact , forum or appropriate authority?
Thanks
There is no mandate for any organisation to keep the Original Certificates for employment, they can ask for verification if required and has to return back after authentication.
Since you do not have any receipt of original certificate submission, you can request to return the original documents. If you go legal they may deny your claim as they know you do not have any proof to prove your claim. Thereafter you have only one option of getting the duplicates
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