Management wants to give resignation before 6 month's of retirement and take salary for said period
Guest
(Querist) 18 November 2010
This query is : Resolved
Dear Experts,
Some known person of mine is working in a Govt. Aided school as a teacher. Now, the retirement is due in June 2011 but the management wants to give resignation showing last working day as 31st December'10.
But just to compensate the retiring teacher, the management has agreed to pay the six month's salary, which they will recover from the new teacher and will pay after six month.
Management is not willing to make the payment of said 6 month's in advance but they are willing to pay after june'11.
Please guide me :
1) Should the retiring teacher, at the time of giving resignation- should collect a post dated cheque dated 01-07-2011 for the said salary of 6 months?
2) Should the retiring teacher, at the time of giving resignation should enter into any kind of agreement as well (apart from collecting the cheque)? If Yes, then kindly share the wordings/format of the agreement...
3) What if the management puts a stop payment on the cheque, before the said cheque is presented?
4) Can she legally recover the amount from the management if the cheque is dishonoured?
5) Any other valuable input?
R.Ramachandran
(Expert) 19 November 2010
These are peculiar things. If you are a teacher and due to retire by June, 2011 you have to continue in service. There are no provisions in any Govt. Rules / College rules that a person will be asked to get retired 6 months before, but salary will be given for the remaining period (which in fact you say would be recovered from the person to be newly appointed as a Teacher in your place!) These are all unauthorised practices.
Instead of getting into several questions like whether I can accept post dated cheque etc. etc. If you resign, the management has no obligation to pay you for the period for which you are not in service. Even if they give you the post dated cheque, they may say that it is not a legally enforceable debt. So the post dated cheque will be of no value to you. Therefore the best thing would be to continue in service till you attain the age of superannuation, and then retire peacefully.
