I am a Lecturer in a Media School, and I just received an email from my employer stating that I am to serve a one-month notice period simply because they feel that my teaching has not been up to par. They used the pretext of bad feedback from students, which in any case is not true. I have nearly 5 years of teaching experience, and they would not let me have a look at the feedback forms. However, this email I received after a meeting that took place earlier this week, and I happened to bring up some fundamental issues that the students were facing. They could have seen me as some kind of potential threat to their system.
Concerns About Notice Period
A. I am willing to serve this notice period.
B. I am concerned that if they issue a relieving letter, they would badmouth me for no just reason.
C. I'm only 10 months old in this company (although I have worked at the same company in the year 2008-09).
Questions for Legal Experts
1. If they do not issue a relieving letter or experience letter after I have formally gone through their procedure (no dues, etc.), can I take legal action against them?
2. Also, my PF amount... What if they refuse to clear that? How do I approach this legally?
Please help!
Regards
From India, Mumbai
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Concerns About Notice Period
A. I am willing to serve this notice period.
B. I am concerned that if they issue a relieving letter, they would badmouth me for no just reason.
C. I'm only 10 months old in this company (although I have worked at the same company in the year 2008-09).
Questions for Legal Experts
1. If they do not issue a relieving letter or experience letter after I have formally gone through their procedure (no dues, etc.), can I take legal action against them?
2. Also, my PF amount... What if they refuse to clear that? How do I approach this legally?
Please help!
Regards
From India, Mumbai
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Normally, under such circumstances, the management will always cooperate to give a good certificate to the employee rather than making them hostile. Regarding PF also, the psychology is to issue clearance without holding it. During the notice period, you can observe their intentions and take appropriate steps. Going legal will not be a wise decision because we cannot insist that the management should give a good certificate when the issuance of the certificate is purely a prerogative of the management, who can judge whether you are a good or bad employee. Moreover, if you are still on probation, you cannot expect to get a reason for your termination from the management. Certainly, if you are confirmed, then you are reasonably entitled to get a reason for your termination. If the reason is poor performance as rated by the students, you have every right to get the ratings verified. But for a management that can initiate the termination of a lecturer for questioning the management's stand of not providing some basic facilities to the students, fabricating evidence against that lecturer will not be a difficult task. Ultimately, it will be you, the employee, who will fail in the battle. Moreover, by filing a suit against an employer, you will be putting yourself into troubles so that in the future, when a reference check becomes required, you may fail to get a good reference from the management. Therefore, wait and see what they do and try to find an amicable solution to this issue to get relieved.
From India, Kannur
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4526From India, Kannur
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