Facing Legal Threats Over Notice Period: How Can I Resolve This Employment Dilemma?

I am a Principal for a private school, part of a reputed education group, and have worked at the school for 8 years. Due to my husband's transfer, I will not be able to continue in the school. My notice period is 3 months, but I can only serve a one-month notice period. My employer has accepted the resignation but is insisting that I serve the full 3-month notice period. They have threatened me in writing with legal action and also mentioned withholding my experience certificate.

Additionally, there has been no annual increment in my salary for the last 3 years. I have 8 days of pending casual leave and 6 days of sick leave. My appointment letter specifies a 3-month notice period, failing which legal action will be taken.

Please guide me as soon as possible.

You have served in a very responsible position, so kindly have an open discussion with your employer and come to an amicable solution. Your employer has every right to insist on your compliance with the notice period, and you are also justified in expecting to be relieved soon. I hope you are not intending to be relieved before the completion of the academic year. Try to persuade him/her that you will complete all your responsibilities and orient any newcomers before you could be relieved. A graceful departure is always very important.

Understanding Your Legal Obligations

The legal position is that you are obliged to work out your contractual notice period if your employer wants you to. You have done the right thing by seeking to negotiate an earlier release. However, if your employer does not agree to this, then you have a choice: you can comply with your employer’s wishes and work the 3-month notice period in full, or you can break the contract by leaving earlier.

If you choose to leave early, an employer is entitled to stop your pay and benefits, but they cannot force you to stay and carry out your work. They could seek another legal remedy against you, including:
a) Compensation for breach of contract against you, claiming any financial loss they say arises as a result of your early departure.
b) Applying for a Court order to stop you from working somewhere else, if your new employer is a competitor, for example.

It is relatively rare for an employer to take legal action against an employee who leaves early in breach of their contractual notice period, but it really depends on all the circumstances. If your departure will cause the employer financial loss or you are leaving to go to a competitor, they are more likely to take action against you.

I would suggest you serve the notice period anyway. Then, talk with your employers in a humble way so that they can understand your reasons and allow you to leave.

I think every contract has two sides or options. As you are unable to serve, you can pay two months' salary in lieu of a two-month notice period. Yet, you should speak and convince the authority of the school. As you are heading the school, you should be concerned about the school's welfare.

It would be better to provide a doctor's certificate (gynecologist) so that they won't be able to force you to serve for 3 months. However, try to negotiate with the higher officers. Wishing you luck.

As you have mentioned in your post that they have accepted your resignation, does your resignation state that you would be serving only one month's notice? If yes, do you have any kind of confirmation email/letter apart from verbal communication from them?

Please note: Sick leaves are paid only if you are sick and cannot be carried forward. Casual leaves can be carried forward provided they are paid leave. Please review the termination clause in your appointment letter/offer letter and share the same with us to provide you with accurate information.

The above post does not provide much information about your employer details apart from your account of it.

Normally, as per the employment contract, you have to serve a three-month notice period, or otherwise, you have to pay the notice period shortfall payment to your employer and leave the organization. Even your leaves can also be adjusted towards your notice period. This is how all organizations are working. Please check with your employer if there is any rule of this type being followed in your organization. If it is so, you can settle your case amicably.

Regards,
P K Sudarsan
Senior Executive HR

Resignation and Transition Guidance

Kindly keep a copy of the resignation letter acknowledged by your employer. Please try to find your replacement either by searching for a new principal or by taking the Vice Principal into confidence and training him/her during your notice period. After all, the employer will not be able to appoint a principal in such a short span of time. I would be happy to provide you with CVs for your location to assist you on a human level if you so desire.

Regards,
Arjun Pandav.
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