Legal Question in Employment Law in India

A friend of mine is a teacher in a private school. She is working on a one year contract which has been renewed once. Contract teachers are supposed to work as much as a permanent one with same set of responsibilities but salary is considerably low. Teachers are hired on contract basis and after working for 2-3 years then they are kept on probation for 3 years and then finally they become permanent.
Is school violating any labor law?
Can this standard practice of contract plus probation be challenged as its sole purpose is to save money?
If violation, what are the options she can explore?

Asked on 5/08/16, 9:45 pm

2 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

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09.05.2016

Dear Sir / Madam,

The primary aim and objective of a teacher remains imparting education to children ... salary remains secondary. Human wants are insatiable ... we are never satisfied ... we always want more and more. Every school and university have their set of rules and regulations applicable to their Management and Staff with the objective of giving their best to the youth as specified by the University Grants Commission (UGC). It must be borne in mind by teachers that unreasonably expecting salary increase(s) will ultimately burden the parents' in terms of fees. In this case, the Management and Trustees should adopt the stance that on successful completion of the teacher's contract period of a year in the school, he / she should be on probation for the next 6 (six) months maximum, and be absorbed as a permanent employee of the school thereafter. If dissatisfied, the teacher may submit a representation to the school Principal and Trustees for redressal. If not amicably resolved, contacting the Hon'ble State Education Minister and the Hon'ble Union Education Minister is advisable and recommended.

https://www.youtube.com/watch?v=PPGMk2IKG7U.

Answered on 5/08/16, 10:05 pm

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