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Kishore Mundra (a)     09 September 2013

Resignation without proper notice

I am working as temperory teacher in a school 

 

My appointment letter states "your appointment is on purely temporary basis for a period of one tear and on expiry of the above period your services shall stand terminated without any notice.

 

Kindly Note - (i) on acceptance of appt. letter you will not be liable to leave and you should not leave / resign the job during the above period

 

I have worked for 2 months now due to personal problem want to leave the job on immediate basis.

 

School is not ready to accept my resignation. what to do, If is send the resignation by email and dont go to school what are the legal complication

 

Please help



Learning

 2 Replies

Kumar Doab (FIN)     09 September 2013

 

You may show the complete appointment letter/FTC to your lawyer in person and understand the merits. The lawyer that has seen your docs can advice you the best.

 

 

As per various judgments Teachers are not covered as ‘Workman’ as in ID Act.

You should have looked into the T&C at the time of acceptance of offer and before signing your acceptance. It is always appropriate to discuss and consult elders and lawyer/.law firm, before signing on the dotted line.

More and more number of employers are inserting such conditions and thus creating legal traps.

2 months is too short a period to quit. Being a teacher you would know that you would be quitting mid session. The employer may allege loss.

You have posted that:

Kindly Note - (i) on acceptance of appt. letter you will not be liable to leave and you should not leave / resign the job during the above period’

The bonded labor has been abolished long back.

Keeping any one in bondage is offence.

Apparently there is no notice period for the employee and no liquidated damages in the form of notice pay.

What is stated in appointment letter/FTC in case employer chose to terminate?

The contract should promote equitable discretion.

The contract is created by employer and employer has kept himself at advantageous position………………………………

In such a case if the employer chooses to proceed against you and the matter lands up in court of law, the court of law may decide on reasonableness of the matter and reasonable amounts if any……………………………….the court at its pleasure may term the condition as unconscionable, unreasonable, void……………………………………………….

You may go thru the service rules advocated by respective Board of School Education………………..The contract drawn by school  may be violative of the rules.

 

Central Board of Secondary Education :

 

Chapter: VII. Service Rules for Employees

APPENDICES III. Contract of Service

 

You may not hesitate to approach Teacher’s

Union if required. They can certainly guide you and cite precedence’s suitable to you.

You may approach your lawyer as ap.

 

 

 

 

 

 

 

 

 

 


Attached File : 706211320 cbse affiliation bye laws.pdf downloaded: 82 times

Sudhir Kumar, Advocate (Advocate)     11 September 2013

well described by Mr Kumar Doab


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