Dear All...
I am a Lecturer in a Media School. And I just received a mail from my employer stating that I am to serve a one month notice period, simply because they feel that my teaching has not been at par. And used the pretext of bad feedback from students which in any case is not true. Since I have nearly 5 years of teaching experience and also they would not let me have a look at the feedback forms. However, this mail i received after a meeting that took place earlier this week and I happened to bring about some fundamental issues that the students were facing. They could have seen me as some kind of a potential threat to their system.
A. I am willing to serve this notice period.
B. I am concerned that if they issue a relieving letter, they would bad mouth about me for no just reason.
C. Im only 10 months old in this company (Although I have worked at the same company in the year 2008-09)
Now my question to all legal experts here :
1. If they do not issue a relieving letter or Experience letter after I have formally gone through their procedure, (No dues etc etc) then 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 !
From India, Mumbai
I am a Lecturer in a Media School. And I just received a mail from my employer stating that I am to serve a one month notice period, simply because they feel that my teaching has not been at par. And used the pretext of bad feedback from students which in any case is not true. Since I have nearly 5 years of teaching experience and also they would not let me have a look at the feedback forms. However, this mail i received after a meeting that took place earlier this week and I happened to bring about some fundamental issues that the students were facing. They could have seen me as some kind of a potential threat to their system.
A. I am willing to serve this notice period.
B. I am concerned that if they issue a relieving letter, they would bad mouth about me for no just reason.
C. Im only 10 months old in this company (Although I have worked at the same company in the year 2008-09)
Now my question to all legal experts here :
1. If they do not issue a relieving letter or Experience letter after I have formally gone through their procedure, (No dues etc etc) then 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 !
From India, Mumbai
Normally under such circumstances the management will always cooperate to give good certificate to the employee rather than making him hostile. Regarding PF also, the psychology is that 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 certificate is purely a prerogative of the management who only can judge whether you are a good employee 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 who can initiate to terminate service of a lecturer for the reason that he has questioned the management stand of not providing some basic facilities to the students, the matter of fabricating evidences 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 suite against an employer you will be putting yourself into troubles that in 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 get an amicable solution to this issue and get relieved.
Madhu.T.K
From India, Kannur
4204Madhu.T.K
From India, Kannur
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Relieving & Experience Letter.doc