Hello CiteHR,
I worked in an academic institute located in Noida for more than 10 years. I resigned last year and gave them 3 months' notice in advance. Upon accepting my resignation after 10 days, the institute asked me to stay until the end of the semester, which was more than 3 weeks beyond the 90 days' notice. I clearly communicated to them that it was not possible for me to continue even for a single day after the stipulated 3 months/90 days. Consequently, I ceased going to work after the 3 months and requested my Relieving letter and settlement of my accounts. However, they insisted I perform extra work, which I completed over weekends, based on their promise that they would promptly provide the letter.
Subsequently, after numerous follow-ups, they presented me with two options: (i) to pay 3 weeks' worth of Basic+DA, otherwise, they would not issue the letter or settle my accounts, or (ii) to receive a relieving letter indicating the end of the semester (3 weeks beyond my last employment date) without any relieving dues.
I contested their demands, stating that I could have compensated them for the notice period served as per the maximum amount allowed in their employment contract without actual work post-resignation. It seemed unfair for them to charge me after I fulfilled the notice period.
Moreover, they withheld approximately 40 days of vacation days as the institute's employment regulations did not grant EL (earned leave) to teaching staff/faculty, providing only 60 days of vacation annually (from July 1 to June 30).
Upon securing a new job post my departure from the institute, I paid the requested money (relieving charges) to obtain the relieving letter. However, I received it after 2 months and 20 days from my last employment date/relieving date.
As more than 7 months have passed since this incident, I refrained from taking any action or seeking assistance due to my busy schedule at the new organization, where I recently completed my notice period successfully.
I seek guidance on whether there is a possibility of retrieving the substantial charges levied by my previous workplace in exchange for the relieving letter. What steps should I take in this regard? Can academic institutes compel employees to exceed the 3 months/90 days' notice period? What is the legally permissible notice period in India applicable to academic institutes?
Your advice and assistance in this matter would be greatly appreciated. Thank you.
From India, New Delhi
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I worked in an academic institute located in Noida for more than 10 years. I resigned last year and gave them 3 months' notice in advance. Upon accepting my resignation after 10 days, the institute asked me to stay until the end of the semester, which was more than 3 weeks beyond the 90 days' notice. I clearly communicated to them that it was not possible for me to continue even for a single day after the stipulated 3 months/90 days. Consequently, I ceased going to work after the 3 months and requested my Relieving letter and settlement of my accounts. However, they insisted I perform extra work, which I completed over weekends, based on their promise that they would promptly provide the letter.
Subsequently, after numerous follow-ups, they presented me with two options: (i) to pay 3 weeks' worth of Basic+DA, otherwise, they would not issue the letter or settle my accounts, or (ii) to receive a relieving letter indicating the end of the semester (3 weeks beyond my last employment date) without any relieving dues.
I contested their demands, stating that I could have compensated them for the notice period served as per the maximum amount allowed in their employment contract without actual work post-resignation. It seemed unfair for them to charge me after I fulfilled the notice period.
Moreover, they withheld approximately 40 days of vacation days as the institute's employment regulations did not grant EL (earned leave) to teaching staff/faculty, providing only 60 days of vacation annually (from July 1 to June 30).
Upon securing a new job post my departure from the institute, I paid the requested money (relieving charges) to obtain the relieving letter. However, I received it after 2 months and 20 days from my last employment date/relieving date.
As more than 7 months have passed since this incident, I refrained from taking any action or seeking assistance due to my busy schedule at the new organization, where I recently completed my notice period successfully.
I seek guidance on whether there is a possibility of retrieving the substantial charges levied by my previous workplace in exchange for the relieving letter. What steps should I take in this regard? Can academic institutes compel employees to exceed the 3 months/90 days' notice period? What is the legally permissible notice period in India applicable to academic institutes?
Your advice and assistance in this matter would be greatly appreciated. Thank you.
From India, New Delhi
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There is no separate notice period for academic institutions. But the issue is that institutions imparting education are not an industry falling under the Industrial Disputes Act. Though some labor laws like EPF & MP Act, ESI Act (in some states and that also restricted to private educational institutions, Gratuity Act, etc.) and Acts like PoSH Act are applicable to such establishments, teachers are not considered as workmen. It is true that private educational institutions make profits and the basic objective of many of them is profits only; in a formal manner, it is dealing with "education," and the teachers are the persons who make it. Therefore, the relationship between the teachers and the management will be decided mainly by the state education policy and the policy of the school.
It is fair to ask a teacher to complete the sessions before he leaves, but it is unfair to collect notice pay MONEY from the said teacher. When notice pay is a concept in labor law and embodied in the Industrial Disputes Act and Industrial Employment (Standing Orders) Act, the management should not have used it as a tool to make a profit. Moreover, the Industrial Disputes Act only says that in order to terminate a workman, notice (one month notice) should be given to him, and the Act does not say that the workman should give notice to leave! Of course, if there are certified standing orders and the same provide for notice from the workman, it could be maintainable. But when an educational institution is not an industry or a teacher is not a workman, how can the management initiate action against a teacher invoking the provisions of the ID Act or Standing Order Act?
Therefore, please go through your state education policy and see if there is any provision for notice pay. If not, you may lodge a complaint before the District Education Officer or such other officer who is the appropriate authority under the policy. You can also check the rules relating to vacation and payment of salary during vacation.
From India, Kannur
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4482It is fair to ask a teacher to complete the sessions before he leaves, but it is unfair to collect notice pay MONEY from the said teacher. When notice pay is a concept in labor law and embodied in the Industrial Disputes Act and Industrial Employment (Standing Orders) Act, the management should not have used it as a tool to make a profit. Moreover, the Industrial Disputes Act only says that in order to terminate a workman, notice (one month notice) should be given to him, and the Act does not say that the workman should give notice to leave! Of course, if there are certified standing orders and the same provide for notice from the workman, it could be maintainable. But when an educational institution is not an industry or a teacher is not a workman, how can the management initiate action against a teacher invoking the provisions of the ID Act or Standing Order Act?
Therefore, please go through your state education policy and see if there is any provision for notice pay. If not, you may lodge a complaint before the District Education Officer or such other officer who is the appropriate authority under the policy. You can also check the rules relating to vacation and payment of salary during vacation.
From India, Kannur
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The institute is located in Noida, Uttar Pradesh, and is a private university. I do not know how to start this matter and with whom I should discuss it. I have currently moved out of the previous work location. Should I seek help from a lawyer? Is there any labor court where I can file my complaint?
From India, New Delhi
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From India, New Delhi
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Is there any clause in your appointment order or service conditions that an employee intending to leave service has to serve till the end of the current semester or the notice period, whichever is longer? If so, then only the action of the employer is justified.
The legal option is to go to a civil court and claim the extra money you were forced to pay. This is a long-drawn process, yet it could be tried. The other option is to approach the applicable State Human Rights Commission and give a full history of your matter along with relevant supporting documents, stating that you have been unfairly dealt with and your right to a decent life has been trampled.
From India, Mumbai
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The legal option is to go to a civil court and claim the extra money you were forced to pay. This is a long-drawn process, yet it could be tried. The other option is to approach the applicable State Human Rights Commission and give a full history of your matter along with relevant supporting documents, stating that you have been unfairly dealt with and your right to a decent life has been trampled.
From India, Mumbai
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I had worked with educational institutions for about 15 years as a Professor. The notice period was one month, applicable for both employees and employers. In academic institutions, the precedence is that teaching staff who resign at the beginning of a semester can only be relieved after that semester is over.
From India, Kochi
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From India, Kochi
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