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Guide me

(Querist) 01 June 2016 This query is : Resolved 

Releiving Issue

Hello good afternoon to all experts, I am working in a private residential school in baroda district Gujarat since last 3.5 years as a teacher. I was appointed on temporary base for initial 4 moths. After then on probation for next year. After completion of probation period i got confirmatio for next academic session. The school management calling teachers in january for next year contiuation of service. They are taking signature on consent form. I sign that consent form for the current academic session. Meanwhile i got a better opportunity. So I have sent my resignation by email indicating notice period as per confirmation letter. Now my management is telling that you cannot leave the job right now. We will not releive you because you have signed the consent form. Even they said we will not provide you anything from salary to your luguage. So kindly guide me what to do?
Sudhir Kumar, Advocate (Expert) 02 June 2016
salary -- labout law if your laywer give such opinion on seeing all papers.

luggage ---- dial 100 if anyone stops you from picking your luggage.
yamimo parmar (Querist) 02 June 2016
Thank you for your response Mr.Sudhir. Shall I concern any lawyer or a specifiac one, because they said u file a case on us we will teach a lession to all teachers.
Kumar Doab (Expert) 02 June 2016
The school is affiliated with which board?

Are you a member of Employee's /Teachers forum/unions?
yamimo parmar (Querist) 03 June 2016
The school is affiliated with CBSE board. I am not a member of any unions/forum.
yamimo parmar (Querist) 04 June 2016
I want to know that what can employer do if I did not report back and deny to serve notice period but I am ready to pay the amount for remaining notice period as well. Kindly guide me. They never say about terminatin. They are saying only its mid academic session and we cant relieve you. Whatever you want to do, you do. So guide me. Now I dont want to go back to the school. I had given notice period from 20 may 2016 to 20 june 2016. School is reopening on 11 june 2016. Thank you in advance.
yamimo parmar (Querist) 04 June 2016
I want to know that what can employer do if I did not report back and deny to serve notice period but I am ready to pay the amount for remaining notice period as well. Kindly guide me. They never say about terminatin. They are saying only its mid academic session and we cant relieve you. Whatever you want to do, you do. So guide me. Now I dont want to go back to the school. I had given notice period from 20 may 2016 to 20 june 2016. School is reopening on 11 june 2016. Thank you in advance.
yamimo parmar (Querist) 06 June 2016
Hello experts kindly advise me.
yamimo parmar (Querist) 06 June 2016
Hello experts kindly advise me.
Rajendra K Goyal (Expert) 09 June 2016
All documents need to be referred for advice.

They can claim notice period salary at the most. You can claim your pending dues.
Kumar Doab (Expert) 09 June 2016
You have posted that:


----"I had given notice period from 20 may 2016 to 20 june 2016. School is reopening on 11 june 2016. "


So 11 June to 20 June should be sufficient for handover, Exit formalities and FnF settlement.



----"I am not a member of any unions/forum."

Like many other employees you have grossly erred.

The unions can intervene and atleast protect from arm-twisting ( Even they said we will not provide you anything from salary to your luguage. ).



Pursue:Central Board of Secondary Education
AFFILIATION BYE-LAWS


10. Staff and Service Conditions

CHAPTER-VII
SERVICE RULES FOR EMPLOYEES


http://cbseaff.nic.in/cbse_aff/attachment/onlineservices/affiliationbyelaws_14112012.pdf

And

Conditions of Service Prescribed by your state/UT.
yamimo parmar (Querist) 10 June 2016
Thank you for your inputs all experts. I have the copy of CBSE affiliation by laws and told them also as per rule I can resign any time for my better career growth and everything. I am ready to pay amount but they are not listening anything and not saying any point regarding termination only repeating same thing you have signed we cannot relieve you And one more thing if I join after vacation for FnF settlement they will not sign the gate pass to come out. The security team will allow only the persons to come out who has signed the gate pass. So if I join and then try to come on 20 they will not sign my gate pass. Because we have such a system to coming out from the school, every employee of the school need to take permission and must take signature of principal on the gate pass. Many time they are not signing the gate pass of teachers. So I have fear that they are not talking about termination then they will definitely mark me as absconded even I am ready to follow the leaving protocol but they are not allowing. So that's why I don't want to join back.
Kumar Doab (Expert) 10 June 2016
In that case build irrefutable written record under proper acknowledgment.


Ask for an appointment in writing and to allow to take your counsel.union leaders with you to handover and collect your belongings.


Better engage an able counsel.
yamimo parmar (Querist) 10 June 2016
Trade union leaders can help in this issue?
Kumar Doab (Expert) 10 June 2016
Teachers are not covered as 'Workman'.

If the school is covered by Shops & Estbs Act of the state, then check if you would be covered by def. of 'Employee' as in the Act.


The union may still embrace you.

The kind of bossism, rules, bondage you have posted in the query......................tread carefully.


Why don't you engage an able counsel specializing in service matters and build some irrefutable written record before you initiate a head on conflict!
yamimo parmar (Querist) 10 June 2016
Thank you sir for your valuable suggession. How to engage that I have no idea about it.
yamimo parmar (Querist) 11 June 2016
What is abel counsel? How to start it and to whom I have to contact? Kindly guide me.
yamimo parmar (Querist) 13 June 2016
I have all written documents and prints of emails. Mr. Kumar kindly help to engage abel counsel. I am not that much aware in this kind of procedure. I may commit mistake also. So its great help for me if i resolved this. Thank you.
yamimo parmar (Querist) 17 June 2016
Hello experts kindly advise me for counsel. As per that I will move ahead. Now I have not enough time.
yamimo parmar (Querist) 02 July 2016
I have joined my new school. But the problem stay alive till.
prabhakar singh (Expert) 02 July 2016
The school is private or govt. aided.
Kumar Doab (Expert) 02 July 2016
IN each city there are few counsels that specialize in Labor/service matters. They are well known and usually such matters are referred to them.


Ask around and you will come to know.

Show all case documents and proceed under expert advise of your able counsel.
Kumar Doab (Expert) 05 June 2017
Check if there is School/Educational Tribunal.


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