Can I Recover Unfair Relieving Charges from My Former Academic Job in India? Seeking Legal Advice on Notice Period and Vacation Days

Hello CiteHR,

I worked in an academic institute located in Noida for more than 10 years. I resigned last year and gave them 3 months' notice in advance. Upon accepting my resignation after 10 days, the institute asked me to stay until the end of the semester, which was more than 3 weeks beyond the 90 days' notice. I clearly communicated to them that it was not possible for me to continue even for a single day after the stipulated 3 months/90 days. Consequently, I ceased going to work after the 3 months and requested my relieving letter and settlement of my accounts. However, they insisted I perform extra work, which I completed over weekends, based on their promise that they would promptly provide the letter.

Subsequently, after numerous follow-ups, they presented me with two options: (i) to pay 3 weeks' worth of Basic+DA, otherwise, they would not issue the letter or settle my accounts, or (ii) to receive a relieving letter indicating the end of the semester (3 weeks beyond my last employment date) without any relieving dues.

I contested their demands, stating that I could have compensated them for the notice period served as per the maximum amount allowed in their employment contract without actual work post-resignation. It seemed unfair for them to charge me after I fulfilled the notice period.

Moreover, they withheld approximately 40 days of vacation days as the institute's employment regulations did not grant EL (earned leave) to teaching staff/faculty, providing only 60 days of vacation annually (from July 1 to June 30).

Upon securing a new job post my departure from the institute, I paid the requested money (relieving charges) to obtain the relieving letter. However, I received it after 2 months and 20 days from my last employment date/relieving date.

As more than 7 months have passed since this incident, I refrained from taking any action or seeking assistance due to my busy schedule at the new organization, where I recently completed my notice period successfully.

Seeking Guidance on Relieving Charges and Notice Period

I seek guidance on whether there is a possibility of retrieving the substantial charges levied by my previous workplace in exchange for the relieving letter. What steps should I take in this regard? Can academic institutes compel employees to exceed the 3 months/90 days' notice period? What is the legally permissible notice period in India applicable to academic institutes?

Your advice and assistance in this matter would be greatly appreciated. Thank you.

Notice Period in Academic Institutions

There is no separate notice period for academic institutions. The issue is that institutions imparting education are not considered an industry under the Industrial Disputes Act. Although some labor laws like the EPF & MP Act, ESI Act (in some states and restricted to private educational institutions), Gratuity Act, etc., and Acts like the PoSH Act are applicable to such establishments, teachers are not considered workmen. It is true that private educational institutions make profits, and the basic objective of many of them is profit, but formally, they deal with "education," and teachers are the ones who make it happen. Therefore, the relationship between teachers and management is mainly determined by the state education policy and the school's policy.

It is fair to ask a teacher to complete the sessions before leaving, but it is unfair to collect notice pay from the teacher. Notice pay is a concept in labor law embodied in the Industrial Disputes Act and the Industrial Employment (Standing Orders) Act. Management should not use it as a tool to make a profit. Moreover, the Industrial Disputes Act only states that in order to terminate a workman, a one-month notice should be given to him, and it does not require the workman to give notice to leave. Of course, if there are certified standing orders that provide for notice from the workman, it could be maintainable. But when an educational institution is not an industry and a teacher is not a workman, how can management initiate action against a teacher by invoking the provisions of the ID Act or Standing Order Act?

Therefore, please review your state education policy to see if there is any provision for notice pay. If not, you may lodge a complaint with the District Education Officer or another appropriate authority under the policy. You can also check the rules relating to vacation and payment of salary during vacation.

Seeking Legal Advice for Employment Issues

The institute is located in Noida, Uttar Pradesh, and is a private university. I do not know how to start this matter and with whom I should discuss it. I have currently moved out of the previous work location. Should I seek help from a lawyer? Is there any labor court where I can file my complaint?

Clause in Appointment Order or Service Conditions

Is there any clause in your appointment order or service conditions stating that an employee intending to leave service must serve until the end of the current semester or the notice period, whichever is longer? If so, then only the action of the employer is justified.

Legal Options

The legal option is to go to a civil court and claim the extra money you were forced to pay. This is a long-drawn process, yet it could be tried. The other option is to approach the applicable State Human Rights Commission and provide a full history of your matter along with relevant supporting documents, stating that you have been unfairly dealt with and your right to a decent life has been trampled.

I had worked with educational institutions for about 15 years as a Professor. The notice period was one month, applicable for both employees and employers.

Notice Period Practices in Academic Institutions

In academic institutions, the precedence is that teaching staff who resign at the beginning of a semester can only be relieved after that semester is over.