Hello,
I am a teacher and currently I am on my Maternity Leave. My daughter was born on 8th Dec 2021 and I was supposed to resume my work on June 8 2022. I am currently not paid my maternity pay and according to me school I will be paid my maternity pay in March 2023 as per their school contract. Recently during my maternity leave I have received a good job offer with 7th pay commission from another school So I have put my resignation through email to my principal on 28th Feb requesting her to relive me from the service considering my last three months of maternity leave as my notice period and as I will not be available during the notice period so considering my absence deduct my last three months of maternity pay in lieu of my absence.
According to my school contract, it's clearly stated that "After confirmation, the services of the employee are liable to be terminated upon three months of written notice on either side or payment in lieu thereof. No salary will be paid for leave taken during the notice period." "If the employee desires to resign from the school during the service period then he/she shall be entitled to resign at the end of the academic year or if 3 working months advance notice of intention to resign is given to the school, whichever occurs later."
But my Principal is insisting to serve three months of working notice period after my Maternity Leave which means I wont be able to join the new job profile. I am also asked to pay Rs 30,000 as a training fees conducted in the year 2019 because we signed a contract stating that if I resign prior to May2022 that I will have to refund the money for the training but the company agreement signed during my joining says that "The employee shall also commit to staying with the school for a minimum of one year after completing sponsored training with the school. In the event that the employee leaves the school before the completion of the year, she shall be responsible for refunding the training fees to the school.
Kindly guide me
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
5.Can they deny giving my maternity pay if I don't rejoin?
Please help.
I am a teacher and currently I am on my Maternity Leave. My daughter was born on 8th Dec 2021 and I was supposed to resume my work on June 8 2022. I am currently not paid my maternity pay and according to me school I will be paid my maternity pay in March 2023 as per their school contract. Recently during my maternity leave I have received a good job offer with 7th pay commission from another school So I have put my resignation through email to my principal on 28th Feb requesting her to relive me from the service considering my last three months of maternity leave as my notice period and as I will not be available during the notice period so considering my absence deduct my last three months of maternity pay in lieu of my absence.
According to my school contract, it's clearly stated that "After confirmation, the services of the employee are liable to be terminated upon three months of written notice on either side or payment in lieu thereof. No salary will be paid for leave taken during the notice period." "If the employee desires to resign from the school during the service period then he/she shall be entitled to resign at the end of the academic year or if 3 working months advance notice of intention to resign is given to the school, whichever occurs later."
But my Principal is insisting to serve three months of working notice period after my Maternity Leave which means I wont be able to join the new job profile. I am also asked to pay Rs 30,000 as a training fees conducted in the year 2019 because we signed a contract stating that if I resign prior to May2022 that I will have to refund the money for the training but the company agreement signed during my joining says that "The employee shall also commit to staying with the school for a minimum of one year after completing sponsored training with the school. In the event that the employee leaves the school before the completion of the year, she shall be responsible for refunding the training fees to the school.
Kindly guide me
1.What options do I have to be relieved from the services?
2. Do I have to pay this training fees, if yes then can I ask the school of deduct it from my full and final settlement of gratuity and first three months of maternity pay?
3. Can they deny giving my reliving letter?
4. Can my last three months of maternity leave be considered as my notice period without pay?
5.Can they deny giving my maternity pay if I don't rejoin?
Please help.