Hi, A friend of mine works for a school. Before the school closes, the management sends a consent letter by email asking whether the employee wishes to continue. An acknowledgment was sent by email stating that she would continue, and the school closed for the holidays. During this period, one month's salary was paid. A better offer came during this period, and my friend accepted the offer. The school has not reopened yet, and she resigned from the school. Now the school is not willing to give the relieving letter and is about to send a show cause notice. She is willing to return the one-month leave salary that she received during the holidays. Please advise.
From India, Bangalore
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From India, Bangalore
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Understanding the Process for Obtaining a Relieving Letter
Many material details have not been provided by you. However, assuming the employee is a teacher in a school, it can be said she is not a workman, nor is the school covered under the Shops and Establishment Act. If it is a recognized school, then approach the competent authority under the relevant Education Act to obtain your relieving letter.
Before doing so, she should have resigned and then sent a legal notice for the full and final settlement. If no resolution is reached, file a civil suit to obtain an interim mandatory injunction from the civil court for the issuance of the relieving letter.
Thanks,
Sushil
From India, New Delhi
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225Many material details have not been provided by you. However, assuming the employee is a teacher in a school, it can be said she is not a workman, nor is the school covered under the Shops and Establishment Act. If it is a recognized school, then approach the competent authority under the relevant Education Act to obtain your relieving letter.
Before doing so, she should have resigned and then sent a legal notice for the full and final settlement. If no resolution is reached, file a civil suit to obtain an interim mandatory injunction from the civil court for the issuance of the relieving letter.
Thanks,
Sushil
From India, New Delhi
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In continuation of the above, it is observed that by virtue of sending an email to your friend by the school to seek consent for continuation, it seems that she is not working on a regular basis. Therefore, there is no necessity to give a notice period as she is working on a temporary basis. The contractual terms of notice pay in lieu of the notice period, if any, may be scrutinized and complied with through registered post. Please take action as stated above earlier.
Thanks,
Sushil
From India, New Delhi
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Thanks,
Sushil
From India, New Delhi
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Hi Sir, Let me mention the complete background.
1. She has worked in this school for the past 4 years and is a full-time employee. The school is a recognized institution under the purview of a recognized college.
2. In her offer letter, it is stated that she has to give 3 months' notice if she decides to leave. The school is now demanding 3 months' payment in lieu of the notice period and also demanding that she return the leave salary for one month and has not paid the leave salary for the second month.
If she decides to return the money against the notice period, how much should she pay?
Please let me know which is the competent authority under the Education Act in Bangalore.
Thanks and regards,
Unny
From India, Bangalore
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1. She has worked in this school for the past 4 years and is a full-time employee. The school is a recognized institution under the purview of a recognized college.
2. In her offer letter, it is stated that she has to give 3 months' notice if she decides to leave. The school is now demanding 3 months' payment in lieu of the notice period and also demanding that she return the leave salary for one month and has not paid the leave salary for the second month.
If she decides to return the money against the notice period, how much should she pay?
Please let me know which is the competent authority under the Education Act in Bangalore.
Thanks and regards,
Unny
From India, Bangalore
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Employee Resignation and Salary Entitlement
As stated by you, she is a regular employee of the school, thus she is entitled to a salary of two months during summer vacation. Now, under Section 97 of the Karnataka Education Act, an employee may resign only when attested by a government officer; otherwise, it will not be recognized, and the employee has to follow the terms and conditions governing the service. The notice period here is three months, as stated by you. Therefore, you may return the two months' salary of vacations and pay one more month's salary in lieu of the notice period.
The competent authority, as defined in the Act, is a state government officer as notified in the gazette of the state. Further details can be found from the Education Department of the State government.
Thanks,
Sushil
From India, New Delhi
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As stated by you, she is a regular employee of the school, thus she is entitled to a salary of two months during summer vacation. Now, under Section 97 of the Karnataka Education Act, an employee may resign only when attested by a government officer; otherwise, it will not be recognized, and the employee has to follow the terms and conditions governing the service. The notice period here is three months, as stated by you. Therefore, you may return the two months' salary of vacations and pay one more month's salary in lieu of the notice period.
The competent authority, as defined in the Act, is a state government officer as notified in the gazette of the state. Further details can be found from the Education Department of the State government.
Thanks,
Sushil
From India, New Delhi
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