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. On accepting my resignation after 10 days, the institute told me to stay till end of the semester which was more than 3 weeks over the 90 days notice. I literally told them that it is not possible for me to continue even for a single day after 3 months/90 days. Therefore, I stopped going after 3 months and told them to give me the Relieving letter and Gratuity/settle my accounts. Instead they forced me to do extra work, which I did and completed it over weekends - on the promise that they will soon give me the letter.
Later after repeated following up, (i) they told me to pay 3 weeks worth of Basic+DA, else they will not give me the letter and settle my accounts. (ii) Or, I can get a relieving letter of end of semester (3 weeks more than my last date of employment) without paying any relieving dues.
I argued with them that I could have paid them dues in lieu of 3 months notice I served which is the maximum amount allowed in their employment letter without working at all after I resigned. And it is not correct on their part to charge me after I have completed the notice.
Further, they also forfeited my around 40 days of vacation days as the institute does not give EL (earned leave) to teaching staff/ faculty according to their employment rules and give only 60 days of vacation days every academic year (July 1 to June 30).
As I got a new job after my last day at institute, so I had to pay them money (relieving charges) and got relieving letter. And, I got it after 2 months 20 days from my last date of employment/ relieving date.
Can anything be done as it is more than 7 months of this incidence. I did not do anything or, ask for help as I was too busy in my new organization where I recently successfully completed my notice period.
Please help me and let me know, if there is any way I can get back my charges (that are quite substantial) levied by my previous work-place in bargain of relieving letter. What should I be doing for this? Can institutes force employees to stay more than 3 months/90 days. What is the legal maximum notice period in India applicable for academic institutes?
From India, New Delhi
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. On accepting my resignation after 10 days, the institute told me to stay till end of the semester which was more than 3 weeks over the 90 days notice. I literally told them that it is not possible for me to continue even for a single day after 3 months/90 days. Therefore, I stopped going after 3 months and told them to give me the Relieving letter and Gratuity/settle my accounts. Instead they forced me to do extra work, which I did and completed it over weekends - on the promise that they will soon give me the letter.
Later after repeated following up, (i) they told me to pay 3 weeks worth of Basic+DA, else they will not give me the letter and settle my accounts. (ii) Or, I can get a relieving letter of end of semester (3 weeks more than my last date of employment) without paying any relieving dues.
I argued with them that I could have paid them dues in lieu of 3 months notice I served which is the maximum amount allowed in their employment letter without working at all after I resigned. And it is not correct on their part to charge me after I have completed the notice.
Further, they also forfeited my around 40 days of vacation days as the institute does not give EL (earned leave) to teaching staff/ faculty according to their employment rules and give only 60 days of vacation days every academic year (July 1 to June 30).
As I got a new job after my last day at institute, so I had to pay them money (relieving charges) and got relieving letter. And, I got it after 2 months 20 days from my last date of employment/ relieving date.
Can anything be done as it is more than 7 months of this incidence. I did not do anything or, ask for help as I was too busy in my new organization where I recently successfully completed my notice period.
Please help me and let me know, if there is any way I can get back my charges (that are quite substantial) levied by my previous work-place in bargain of relieving letter. What should I be doing for this? Can institutes force employees to stay more than 3 months/90 days. What is the legal maximum notice period in India applicable for academic institutes?
From India, New Delhi
There is no separate notice period for academic institutions. But the issue is that institutions imparting education is not an industry falling under the Industrial Disputes Act. Though some labour 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 the private educational institutions make profits and the basic objective of many of them are profits only, in the 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 the labour 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 profit. Moreover, 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 is a 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 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
4293It 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 the labour 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 profit. Moreover, 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 is a 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 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
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 with. I have currently moved out of the previous work location. Should I take help from lawyer? Is their any labour court I can file my complaint with.
From India, New Delhi
From India, New Delhi
Is there any clause in your appointment order or service conditions that an employee intending to leave service have 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 Right Commission and give a full history of your matter along with relevant supporting documents and stating that you have been unfairly dealt with and your right for a decent life has been trampled.
From India, Mumbai
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 Right Commission and give a full history of your matter along with relevant supporting documents and stating that you have been unfairly dealt with and your right for a decent life has been trampled.
From India, Mumbai
I had worked with educational institutions about 15 years as Professor.
The notice period was one month applicable for both employee and employer.
The precedence in academic institutions is that the teaching staff, if resigned at the beginning of a semester can get relieved only after that semester is over.
From India, Kochi
The notice period was one month applicable for both employee and employer.
The precedence in academic institutions is that the teaching staff, if resigned at the beginning of a semester can get relieved only after that semester is over.
From India, Kochi
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