Facing Unfair Termination During Lockdown: How Can a Private School Teacher Seek Justice?

Corona Time Lay-off:

My relative is a private school teacher in a developed city of Gujarat and has been working there for a few years. She has not received any salary since the first corona lockdown in April 2020, except for a partial salary in March 2020. Now, the school refuses to continue her employment without providing any notice period or salary. This is a CBSE School - English Medium.

The school administration has been engaging in several malpractices for many years, such as:

- They have not provided any form of joining letter, such as an offer letter or appointment letter, to prove her employment, although she possesses an employee ID card. She has been a continuous employee for many years.
- They deposit the complete salary into a private bank salary account and then take back more than 60% of the salary in cash the next day. However, there is no evidence to prove this.
- The school terminated her without providing any reason, termination letter, notice period, or compensation.
- The school management has verbally threatened us, stating that if we take any action against them, they will prevent us from obtaining a job at any other school or office and will file a defamation case against us.
- They have refused to provide any experience letter.
- There is only a professional tax deduction in their salary, with no EPF deductions.

Can we complain to the labor office, DEO, CBSE office, state education office, etc., or which is the relevant department to complain to? Can we claim any compensation? Is it advisable to complain or should we forget everything and search for new jobs? Kindly guide me on what to do and share any relevant information. Thanks in advance.

Location: Delhi, India

Tags: labor office, employee termination, private employee rules, school teachers, lockdown period, termination issue, professional tax, terminating an employee, termination policy, termination of employment, experience letter, City-India-Delhi, Country-India, corona pandemic

It is essential to address this situation promptly to protect your relative's rights and seek appropriate recourse. Here are steps to consider in this scenario:

1. Contact Relevant Authorities
- Reach out to the labor office, District Education Officer (DEO), and CBSE office to report the unjust termination and non-payment of salaries. These authorities can investigate the matter and provide guidance on the legal steps to take.
- Document all communication with the school, including threats made by the management.

2. Seek Legal Advice
- Consult with a labor lawyer who specializes in employment law to understand your options and rights in this situation. They can advise on the best course of action to take against the school.

3. File a Complaint
- If the school has violated labor laws or contractual agreements, file a formal complaint with the labor office. Provide any evidence or documentation to support your case.

4. Claim Unpaid Dues
- Pursue legal action to claim the unpaid salary for the period during the lockdown. The labor office can assist in recovering these dues.

5. Protect Against Retaliation
- Inform the authorities about the school's threats of defamation and job blacklisting. Retaliation against an employee for seeking legal redress is illegal.

6. Explore New Job Opportunities
- While pursuing your case, it is advisable to start looking for new job opportunities to secure your livelihood in case the situation with the current school does not favor you.

7. Stay Informed
- Stay updated on any developments in your case and follow the advice provided by legal experts and relevant authorities to ensure a fair resolution.

Taking proactive steps and seeking assistance from the appropriate authorities can help address the unjust treatment faced by your relative and safeguard her rights as an employee.