Hi, my wife is working in a well-known international school in Mumbai. She has been working for many years with different branches and levels of the school. The school keeps upgrading its name every six years, and my wife was given a new appointment letter each time as per their process.
In all new appointment letters, a probation period of two years is mentioned. Since the school works on academic years, she has never received any confirmation letter to date.
Unethical terms and conditions in the contract
a. If an employee resigns in the middle of the academic year, he or she will not be able to work in any other school in that area or zone for the duration of the contract period.
b. A notice period of two months or two months' salary in lieu must be served (during the probation period), or else dues will not be cleared.
c. The original certificate will be returned only at the end of the academic year.
I just want to know whether the above terms are legal to enforce on a probation period contract when no confirmation letter is given. This can be considered blackmailing for an employee and can be mentally torturous to any employee who is the sole earning member of her family.
What does the law say?
Thanks
From India, Mumbai
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In all new appointment letters, a probation period of two years is mentioned. Since the school works on academic years, she has never received any confirmation letter to date.
Unethical terms and conditions in the contract
a. If an employee resigns in the middle of the academic year, he or she will not be able to work in any other school in that area or zone for the duration of the contract period.
b. A notice period of two months or two months' salary in lieu must be served (during the probation period), or else dues will not be cleared.
c. The original certificate will be returned only at the end of the academic year.
I just want to know whether the above terms are legal to enforce on a probation period contract when no confirmation letter is given. This can be considered blackmailing for an employee and can be mentally torturous to any employee who is the sole earning member of her family.
What does the law say?
Thanks
From India, Mumbai
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From a simple reading, it seems everything is illegal from changing names and issuance of fresh appointment along with terms and conditions as mentioned by you. And there are plenty of legal remedy.
From India, Kolkata
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247From India, Kolkata
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Thank you, Mr. Ritesh, for your valuable reply. The school is not changing the name; actually, the name is being changed due to an upgrade, which is okay. I had a word with a few teachers who had faced humiliation and insult in school. The situation arises when neither she can leave the school nor wants to work. Their husbands also intervene but fail. Now, after a successful long period in school, my wife is facing the same situation, and the school is asking her to resign. If she resigns, she will have to complete a notice period of two months. For six years, she has not been given any confirmation letter as well.
From India, Mumbai
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From India, Mumbai
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If she has worked for 6 years with continuity of service, then it may be deemed that her service has been confirmed, and she will be entitled to all benefits available to any employees. Asking her to resign or leave, if proven, can amount to illegal termination.
Regarding the points you have mentioned:
1. A school cannot restrict you from joining another school after you leave. You can even join a competitor school the next day. The clause mentioned has no legal validity.
2. The clause for notice pay does not seem to be incorrect.
3. A school cannot retain any original documents of their employees in their custody. This is illegal.
From India, Kolkata
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Regarding the points you have mentioned:
1. A school cannot restrict you from joining another school after you leave. You can even join a competitor school the next day. The clause mentioned has no legal validity.
2. The clause for notice pay does not seem to be incorrect.
3. A school cannot retain any original documents of their employees in their custody. This is illegal.
From India, Kolkata
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"If she has worked for 6 years with continuity of service, then it may be deemed that her service has been confirmed, and she will be entitled to all benefits available to any employees.
School Name Change and Appointment Letters
The school name was changed from XYZ to XYZ INTERNATIONAL two years ago. The school issues a fresh appointment letter every academic year to all its teachers. My wife has two appointment letters from the same institution, both clearly stating, "You will be on Probation Period of 2 Years."
Words from the Letter
A. "If you choose to leave the institution, you will have to give a written notice of 2 months (60 working days), or else your dues will not be cleared. After your confirmation of service, your appointment is terminable by giving 2 months' notice or payment thereof by the employee to the institution for the termination of the contract. The management reserves the right to pay or recover compensation in lieu of the notice period. Legal action will be taken against teachers who fail to give written notice of 60 working days."
B. "Original Certificates will be returned only at the end of the academic year, even if the notice period is served."
Since she has not received any confirmation letter to date, is she still required to give a resignation with a notice period?
Thanks
From India, Mumbai
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School Name Change and Appointment Letters
The school name was changed from XYZ to XYZ INTERNATIONAL two years ago. The school issues a fresh appointment letter every academic year to all its teachers. My wife has two appointment letters from the same institution, both clearly stating, "You will be on Probation Period of 2 Years."
Words from the Letter
A. "If you choose to leave the institution, you will have to give a written notice of 2 months (60 working days), or else your dues will not be cleared. After your confirmation of service, your appointment is terminable by giving 2 months' notice or payment thereof by the employee to the institution for the termination of the contract. The management reserves the right to pay or recover compensation in lieu of the notice period. Legal action will be taken against teachers who fail to give written notice of 60 working days."
B. "Original Certificates will be returned only at the end of the academic year, even if the notice period is served."
Since she has not received any confirmation letter to date, is she still required to give a resignation with a notice period?
Thanks
From India, Mumbai
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Unfair Employment Practices in Schools
I am astonished to learn that a school is indulging in such an unfair and utterly illegal practice of employing teachers. Someone should be bold enough to challenge these practices in the appropriate legal forum or authority to stop them. Contractual employment per se is not illegal, but the continuity of these practices for a permanent position, with other methods being resorted to by the school authority, is surely subject to legal scrutiny and challenge under the appropriate statutes.
Legal Framework for Addressing Unfair Practices
The Maharashtra Unfair Labour Practices Act or any other similar act, as may apply to the school teachers, may be looked into to stop these malpractices.
Regards, HR Consultant Kolkata
From India, Calcutta
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I am astonished to learn that a school is indulging in such an unfair and utterly illegal practice of employing teachers. Someone should be bold enough to challenge these practices in the appropriate legal forum or authority to stop them. Contractual employment per se is not illegal, but the continuity of these practices for a permanent position, with other methods being resorted to by the school authority, is surely subject to legal scrutiny and challenge under the appropriate statutes.
Legal Framework for Addressing Unfair Practices
The Maharashtra Unfair Labour Practices Act or any other similar act, as may apply to the school teachers, may be looked into to stop these malpractices.
Regards, HR Consultant Kolkata
From India, Calcutta
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Documentation of Original Certificates
Do you have any documentation or receipt of the original certificates handed over to the school authorities? If yes, then you can resign immediately and ask them to adjust the notice period against the due, which in your case will not be more than one month. The original certificates can be taken legally since you have a receipt of the same.
If you do not have any documentation of the original certificates handed over to them, then it would be difficult to get them back from the employer easily. Mr. Ritesh has aptly answered the rest.
From India, Ahmadabad
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Do you have any documentation or receipt of the original certificates handed over to the school authorities? If yes, then you can resign immediately and ask them to adjust the notice period against the due, which in your case will not be more than one month. The original certificates can be taken legally since you have a receipt of the same.
If you do not have any documentation of the original certificates handed over to them, then it would be difficult to get them back from the employer easily. Mr. Ritesh has aptly answered the rest.
From India, Ahmadabad
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Thank you, Mr. Ritesh, Mr. Sambtmir, and Mr. Saji, for your valuable reply. There is no receipt of the original submission in school. Is it mandatory for schools to keep the original certificates and degrees until employment? I think keeping photocopies is sufficient. Just in case I have to go the legal way, whom should I contact, forum, or appropriate authority?
Thanks
From India, Mumbai
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Thanks
From India, Mumbai
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There is no mandate for any organization to keep the original certificates for employment; they can ask for verification if required and have to return them after authentication.
Since you do not have any receipt of the original certificate submission, you can request the return of the original documents. If you go legal, they may deny your claim as they know you do not have any proof to support your claim. Therefore, you have only one option, which is to obtain duplicates.
From India, Ahmadabad
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Since you do not have any receipt of the original certificate submission, you can request the return of the original documents. If you go legal, they may deny your claim as they know you do not have any proof to support your claim. Therefore, you have only one option, which is to obtain duplicates.
From India, Ahmadabad
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