Labour Law & Hr Consultant
Sr.manager - Hr&admin

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Dear Seniors One of my friend working in a Delhi school in admin profile, governed by the rules as per state government .
Today her school issued her a letter mentioning that consequent to the abolition of post her services are no longer required from immediate effect.
She has already completed 1 year in this service. Her contract says 3 months notice is required if she leaves the job.
So does it mean that in case of abolition of post, school is also liable to give 3 months notice or 3 months pay to her.
Please guide.

From India, Delhi
This is to mention that its a private school. But like any other government school, all the rules are followed as per state government.
From India, Delhi
Dear Seniors Kindly suggest on the matter.
From India, Delhi
Please check the appointment order - separation clause.
What so ever the reason school might have quoted they are supposed to honour the separation clause which was mutually agreed between the parties.
If your Friend is suddenly asked to move out without any prior notice/intimation/salary in lieu of notice it is unfair labour practice. Your friend can demand for compensation, provided if it is mentioned in the Appointment order.

From India, Madras
If the poster's friend's contract of employment contains notice clause applicable only to the employee's act of unilateral termination, then it becomes equivocal or ambiguous. The general rule is that the court will construe ambiguous terms against the drafter of the contract, particularly where one contracting party is in a superior bargaining position. No doubt, in an employment contract, the employer is the superior party.
Therefore, before embarking upon any legal action, the poster's friend may try to negotiate with the management for three month's notice salary.

From India, Salem
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