Is My Friend Entitled to a 3-Month Notice or Pay After Her School Job Was Abolished?

Dear Seniors, One of my friends is working in a Delhi school in an administrative role, governed by the rules set by the state government. Today, her school issued her a letter mentioning that, consequent to the abolition of her position, her services are no longer required with immediate effect. She has already completed one year in this role, and her contract stipulates that a three-month notice period is required if she decides to leave her job.

So, does this mean that in the case of the abolition of her position, the school is also liable to give her either a three-month notice or three months' pay?

Please guide.

Hi,

Please check the appointment order - separation clause. Whatever the reason the school might have quoted, they are supposed to honor the separation clause that was mutually agreed upon between the parties. If your friend is suddenly asked to move out without any prior notice, intimation, or salary in lieu of notice, it is considered unfair labor practice. Your friend can demand compensation, provided it is mentioned in the appointment order.

If the poster's friend's contract of employment contains a 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 months' notice salary.