Request for Legal Advice on Employment Termination
Kindly provide your valid suggestion for the following case of my wife. She is working as a probationary Physical Education teacher in a Kerala CBSE school. If we get it soon, it will help our further legal process.
She was appointed to the school on 15/5/2013, as per the appointment order, after an interview with the management. The one-year probation ended on 31/5/2014, and they extended the probation from 1/6/2014 to 14/5/2015. In March 2015, the Principal orally intimated that the confirmation may happen in June 2015. At that time, she was three months pregnant and informed the Principal orally about this. On 15/5/2015, an office person from the school informed her to rejoin on 25 May after the vacation. Two days before the reopening (22/5/2015), the Principal called her and informed her that they were going to terminate her, advising her to start finding another job.
Questions on Legality of Termination
Is it legal to terminate after the probationary period, one week after its completion? Is it legal to terminate a pregnant woman after the probationary period, one week after its completion?
Should we accept the termination letter with the old date if they issue it at a later stage? They didn't provide any reasons or intimation orally or in writing regarding her performance until this point. Also, no appraisal/review has occurred.
From India, Chennai
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Kindly provide your valid suggestion for the following case of my wife. She is working as a probationary Physical Education teacher in a Kerala CBSE school. If we get it soon, it will help our further legal process.
She was appointed to the school on 15/5/2013, as per the appointment order, after an interview with the management. The one-year probation ended on 31/5/2014, and they extended the probation from 1/6/2014 to 14/5/2015. In March 2015, the Principal orally intimated that the confirmation may happen in June 2015. At that time, she was three months pregnant and informed the Principal orally about this. On 15/5/2015, an office person from the school informed her to rejoin on 25 May after the vacation. Two days before the reopening (22/5/2015), the Principal called her and informed her that they were going to terminate her, advising her to start finding another job.
Questions on Legality of Termination
Is it legal to terminate after the probationary period, one week after its completion? Is it legal to terminate a pregnant woman after the probationary period, one week after its completion?
Should we accept the termination letter with the old date if they issue it at a later stage? They didn't provide any reasons or intimation orally or in writing regarding her performance until this point. Also, no appraisal/review has occurred.
From India, Chennai
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When they extended the probation period, did they provide any reasons such as non-performance, inefficiency, etc.? Was anything provided in writing regarding the extension of probation? Were there any periodic reviews conducted during the first year of probation? What was mentioned about termination in the appointment letter?
Prima facie, it appears to be a situation where they are attempting to avoid maternity benefit payments due to the teacher's absence for 12 weeks. You could consider approaching a labor officer or sending a legal notice to the school.
From India, Pune
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3180Prima facie, it appears to be a situation where they are attempting to avoid maternity benefit payments due to the teacher's absence for 12 weeks. You could consider approaching a labor officer or sending a legal notice to the school.
From India, Pune
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In continuation of the above, even if the said teacher has been working in a Kerala private recognized school, she will then be governed by the Kerala Education Act and Rules. Under Chapter XiVA thereof, the period of probation is one year. So, she is still in a more advantageous position and will be deemed to have been confirmed after one year.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Understanding Probation and Termination
A probationer is an employee, and there is no provision to terminate instantly with or without reason, provided it is justifiable. Probation is an opportunity for both the employer and the employee to decide within a given period whether or not to continue. The performance of the employee during probation must be evaluated with substantial records in order to discontinue at the end of the probation period. There is also no provision to extend the one-year probation without sufficient reason being given in writing.
Considering the sequence of events, it appears that the reason for such termination is pregnancy. It is unfair treatment by all norms. If the termination is issued in writing, it has to be replied to with caution, and there is a need to seek legal advice.
Regards
From Sri%20Lanka, Dehiwala
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A probationer is an employee, and there is no provision to terminate instantly with or without reason, provided it is justifiable. Probation is an opportunity for both the employer and the employee to decide within a given period whether or not to continue. The performance of the employee during probation must be evaluated with substantial records in order to discontinue at the end of the probation period. There is also no provision to extend the one-year probation without sufficient reason being given in writing.
Considering the sequence of events, it appears that the reason for such termination is pregnancy. It is unfair treatment by all norms. If the termination is issued in writing, it has to be replied to with caution, and there is a need to seek legal advice.
Regards
From Sri%20Lanka, Dehiwala
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Kerala Education Rules
Some excerpts:
3. Initial appointment of qualified teachers shall be on probation.
(b) At any time before the expiry of the period of probation, the manager may, with the approval of the Educational Officer, by order, extend the period of probation for a further period not exceeding one year if the work of the probationer is found to be unsatisfactory. In cases where the probation is extended, a condition shall, unless there are special reasons to the contrary, be attached in the order of extension of probation that the probationer's increment shall be stopped until he is declared to have satisfactorily completed his probation. Such stoppage of increment shall not be treated as a penalty, but only as a condition of extension of probation and shall not have the effect of postponing future increments after he has been declared to have satisfactorily completed his probation.
(c) If the work of the probationer is found to be unsatisfactory at any time before the expiry of the period of probation or where such period of probation is extended, the manager may, with the approval of the Educational Officer, by order either terminate the probation and discharge him from service or, in case probation has not been extended, extend the period of probation after giving him a reasonable opportunity of showing cause against the action proposed to be taken against him:
Provided that where a probationer has been given a reasonable opportunity of showing cause against the action proposed to be taken against him/her.
All this from
THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959
Fourth Edition
(Embodying corrections up to 31st December 2010)
All this gives adequate grounds to defend her case.
No backdated letters given by school administration should be accepted.
From India, Pune
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Some excerpts:
3. Initial appointment of qualified teachers shall be on probation.
(b) At any time before the expiry of the period of probation, the manager may, with the approval of the Educational Officer, by order, extend the period of probation for a further period not exceeding one year if the work of the probationer is found to be unsatisfactory. In cases where the probation is extended, a condition shall, unless there are special reasons to the contrary, be attached in the order of extension of probation that the probationer's increment shall be stopped until he is declared to have satisfactorily completed his probation. Such stoppage of increment shall not be treated as a penalty, but only as a condition of extension of probation and shall not have the effect of postponing future increments after he has been declared to have satisfactorily completed his probation.
(c) If the work of the probationer is found to be unsatisfactory at any time before the expiry of the period of probation or where such period of probation is extended, the manager may, with the approval of the Educational Officer, by order either terminate the probation and discharge him from service or, in case probation has not been extended, extend the period of probation after giving him a reasonable opportunity of showing cause against the action proposed to be taken against him:
Provided that where a probationer has been given a reasonable opportunity of showing cause against the action proposed to be taken against him/her.
All this from
THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959
Fourth Edition
(Embodying corrections up to 31st December 2010)
All this gives adequate grounds to defend her case.
No backdated letters given by school administration should be accepted.
From India, Pune
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Thanks for all valuable replies. Kindly suggest how we can face the following situation: If they are neither issuing a termination letter nor allowing us to rejoin or allowing us to sign in the attendance register.
From India, Chennai
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From India, Chennai
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They have not issued the relieving letter up to this time. They are saying they have to get it from their head office.
So how do we accept the backdated termination letter? Is the "Received on ____________ date" clause sufficient? Because without the letter, we cannot proceed legally.
From India, Chennai
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So how do we accept the backdated termination letter? Is the "Received on ____________ date" clause sufficient? Because without the letter, we cannot proceed legally.
From India, Chennai
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"Neither issuing a termination letter nor allowing us to rejoin or sign in the attendance register."
This is a stalemate situation where the employee is at a disadvantage. As suggested by the learned poster Luthra, this can only be addressed by approaching the District Education Officer with a detailed, self-explanatory complaint. If a backdated termination letter is issued, I would reject it. Your further complaint to the Education Officer and any legal actions can include an averment of this backdated termination letter and your rejection of it based on the date of signing and the date it was handed over to the employee. (On this specific aspect, consult your lawyer regarding accepting or rejecting the backdated letter.)
If the Provident Fund (PF) is not being deposited, even that aspect can be included with details of non-remittance of PF collected from employees. One should aim for harmonious working conditions, but if things go out of hand, take the legal path after completing departmental-level complaint actions, etc.
From India, Pune
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This is a stalemate situation where the employee is at a disadvantage. As suggested by the learned poster Luthra, this can only be addressed by approaching the District Education Officer with a detailed, self-explanatory complaint. If a backdated termination letter is issued, I would reject it. Your further complaint to the Education Officer and any legal actions can include an averment of this backdated termination letter and your rejection of it based on the date of signing and the date it was handed over to the employee. (On this specific aspect, consult your lawyer regarding accepting or rejecting the backdated letter.)
If the Provident Fund (PF) is not being deposited, even that aspect can be included with details of non-remittance of PF collected from employees. One should aim for harmonious working conditions, but if things go out of hand, take the legal path after completing departmental-level complaint actions, etc.
From India, Pune
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Appointment Letter to an Employee for fixed period.doc