Legal Question in Employment Law in India

I am a teacher and I signed a contract with a new school for this new academic year. After which I found out that I was expecting and since I am in my late thirties I was advised by my doctor to take complete rest. The appointment letter states that w.e.f 28 May I will be an employee in that school and if I am to resign I need to give 3 months prior notice or else 3 months salary. I approached them with my doctor's certificate and resignation letter. The coordinator told me, when I had signed the contract itself I became an employee and that I may have to pay 3 months salary.Awaiting for their response. If d response is negative what do I do?


Asked on 3/14/16, 6:49 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

14.03.2016

Dear Madam / Sir,

A contract signed today to join the school establishment at a future date, take effect and comes into force at the happening of the actual event i.e in this case on the date of actually you actually joining the establishment as an employee on 28th May, 2016 (future date) and remains in effect on and from that date onward. If the contract is different from the Appointment letter and both have been issued on two different dates with the contract date being earlier to the date of the Appointment letter, the period of your service from the date of the contract till the date of your joining the school establishment is treated to be on temporary basis either on contract or on probation and in both these cases, the notice period will either be 7 days, 15 days or maximum 30 days, depending on the nature of your duties and responsibilities. Should the Head Mistress / School Principal disagree and respond negatively to your refusal to give 3 month's notice, you may seek recourse first to the School Committee, then the Trustees and finally the Board in this order.

Regards,

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Answered on 3/14/16, 8:39 am


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