Legal Question in Employment Law in India

i am a teacher in a public school in delhi for the last 3 years.i am married with many responsibilities at home,including old dependent parents.

at the time of appointment it is given in appointment letter that saturdays and sundays are fully off for us.and the vacations like summer and winter vacations are also for a given time period.(1.5 months and 10 days)

but it always happens that even during vacations and sometimes on saturdays the school is calling us many times to attend workshops,seminars,check board exam papers etc

except for paper checking we dont get any extra payment.even if we get paid we end up working during holidays since attending these is compulsary.

similarly on working days also we are sometimes made to stay late after school or come to school much before the prescribed timing,ie spend 8 hrs. at school instead of the prescribed 5-5.5 hrs.

all these extra loads of work are not mentioned in the appointment letter and we lose our weekends and many holidays in the process.

i have worked in the US also and there the schools are very professional.they never disturb you on any weekend or vacation and are very courteous.

is all this not illegal that the delhi schools overburden us even on holidays?if we show reluctance,we are labelled as insincere ?can i take any action so that i get only that work to do for which i am paid and which was settled in appointment letter?

please advise accordingly.


Asked on 1/12/10, 10:57 am

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

If you decide to take action as an individual, you may be doing so on your own peril. It may be better if you form an association of similarly situated persons and then the association takes up this cause for its members.

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Answered on 1/12/10, 3:41 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

apart from what you mentioned, i have seen other illegalities as well. there are school who pay less but ask the teachers to sign on the voucher mentioning more salary. the teachers work in school on ad hoc basis even for 3 years and never made permanent solely to avoid financial burden. the teachers are being ill treated at the hands of principal and management. as suggested, u may approach the association or some lawyer.

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Answered on 1/12/10, 10:31 pm
Adv.Sunita Lad Mayank Industrial Services

You can even take up the matter in individual capacity with the Education Officer appointed under the act. But in such a situation you should be prepared to face the problems if any created by the management for you.

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Answered on 1/14/10, 5:13 am


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