Hello everyone,
Good morning. I wanted your help in clarifying a few doubts. I work in a school as an HR professional. We hand out contracts to our teachers beginning on Jan 1st till Dec 31st every year.
The contracts get renewed every year on 1st Jan unless they are terminated.
However, due to the pandemic the CBSE had made changes in the exam and academic schedule.
For this year (2021) we have 2 terms.
The 1st term got over on the 2nd week of December. The 2nd term begins in Jan till March/April.
The issue is that two of our teachers have submitted their resignation letters on 1st November. Our notice period is for 3 months. They are currently serving their notice period. Now I am confused, since the contract expires on the 31st December, should they be paid salary during the short winter beak of 20 days in January?
They will be rejoining work on Jan 17th till end of Feb/March. They will be paid once they rejoin till last working day, of that I am clear.
My confusion is regarding the payment of salary during the winter break (especially after 1st Jan) as their contract will have expired on 31st Dec.
Please share your suggestions. Thank you.

Kind regards,
Phuntsog Pulger.

From India, Gangtok
Partner - Risk Management
Doctor Siva Global Hr
Management Consultancy


Dear Colleague,

Kindly check the terms of the contract for any specific mention about this. In the absence of it and in the case that the contract expires in Dec and no fresh contract is given immediately in Jan, then there is no question of paying for winter break as you have no contract valid between the institution and the teacher. If you issue the contract only after the winter break technically you may not pay for the break days. However check for past practices in the same institution, the internal policies, the impact it is creating etc. If you pay for the winter break that will amount to continues contract. If you want to pay you have to do it as one time payment along with Dec salary itself to keep them motivated if your organization allows it.

From India, Chennai

You have not been clear on various terms of the contract, so we can only guess.

If your teachers are on notice pay and will be working for you even though the contracts technically expire they are working for you during the winter break. Therefore by law, you need to pay them for the holiday period.

From India, Mumbai

Though their contract expires on December 31st yet you want the resigned teachers to report back on January 17th and continue till the end of notice period (has to be end Jan'22), so since they are required to continue till then, they would have to be paid for the break period.
From India, Mumbai

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