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INDRANIL BANERJEE   25 April 2021

Harassment and Discriminatory Treatments Whilst Serving my Notice Period.

I am a School teacher (primary). I submitted my resignation, which was accepted on the same day. I was told that, I'll have to serve the 3 month (90 Calender days) notice period or buy-out it in equivalent pecuniary terms. I told via email that I will serve the notice period. In the backdrop of huge spurt of Corona cases, the teachers are told to work from home and take on-line classes. But I was told to be physically present for 3 days/week and rest of the working days take on-line classes from home. I said repeatedly that, they cannot put my life of my family member's lives in Danger by forcing me to attend school in such a dreadful scenario. The HR, who actually is a puppet of the principal who is extremely vindictive and authoritarian in nature!

Please Help.


Learning

 8 Replies

P. Venu (Advocate)     25 April 2021

The facts, as posted,  are confused and lacks clarity. The question of Notice period depends the terms and conditions of your appointment and standing orders of the school, if any.

k.n.VIJAYAKUMAR   25 April 2021

you already have an option to pay 3 months ( if it is in your  appointment terms ) 

in case u do not want to pay this then - u have to work. But take max precaution, wear a PPE kit while working  cover your self .- citing personal safety etc. Keep sanitizing sprays , use them frequently.

No body can force to be unsafe. 

May be u will be relieved fastsmiley

Dr J C Vashista (Advocate)     26 April 2021

How can the HR / School call only you physically  when other teachers are WFH? 

It is illegal and invalid order. 

Issue notice to withdraw the condition of physical presence in such circumstances.

If still the school / HR insist move to School Tribunal / High Court to set aside such order.

Seek professional services of a local prudent lawyer

Sankaranarayanan (Advocate)     26 April 2021

Yes better to seek local lawyer and act accordingly

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     26 April 2021

AGREE with above Experts Advices.

Keep Smiling .... Hemant Agarwal 
VISIT:  www.chshelpforum.com

G.L.N. Prasad (Retired employee.)     26 April 2021

The employer, depending on the circumstances can insist his employee work in a way that is beneficial to the organization.  If you want immediate relief, pay salary in lieu of the service and protect yourself by maintaining quartine, if you do not have money, then take protective measures and attend to the works assigned by the employer.  Maybe the employer may be suspecting that you wish to sail in two boats through WFH as many others are resorting to this practice and if you attend the work in person at the workplace, you can not resort to that unhealthy practice of working for two organizations at the same time..

INDRANIL BANERJEE   26 April 2021

When I signed over the dotted lines of the contract , it was only mentioned that, I've to serve my 3 month's 'Notice period' when and if I leave my job (90 Calender Days) and it was 7.6 yrs ago; there was no  pandemic like Sars- Covid 19 prevalent by then;   

 

Finally, a Primary school's principal objective is imparting Quality Education, Values, et al.  But in today's backdrop, other than providing Education, via on-line method schools cannot do any other Co curriculars, like the normal, Pre-pandemic days. 

 

When I am being strong armed to be physically present at the school premises, from there I take all the classes On-line  in the empty classroom. 

 

Now those who are wondering why such  Discriminatory behaviour with me only, of all the other teachers? I want to advert the fact that, the principal was arranging for "Home classes" at some selected guardians residences, beyond the Normal classes, as  some guardians were reluctant to pay the school fees in full, apropos the Hon'ble Apex court's order(s). I strongly declined to  go some guardian's residence to render "home classes" apart from the classes that we usually have to take. The CEO and Secretary was absolutely oblivious to this initiative and I informed him with tangible evidences and signatures of all the Pre- primary Teachers ;     We are appointed as  TEACHERS, Not Tutors with the school and it is explicitly mentioned in the contract letter that, no Teacher can render Private Tuitions. 

 

This is an act of  brazen vindication  and perjury, biases and prejudices.  In the name of the CEO- Secretary, this principal and several of her accomplishes in the school, including the HR(main), headmistress etc concoct  and manufacture several thongs-to-do for Teachers when the CEO is No privy to most of the cases. In earlier such incidents he terminated two such "Admins." in the higher rung of the ladder. 

 

 

 

 

 

2.It is mentioned One has to perform all the duties and responsibilities pertaining to the Designation of the nature of duties of the Employee, when serving the Notice period. There was No Covid 19 by then and schools colleges weren't closed and classes were not take via digital /On-line mode(s) ;

 

3.I explicitly mentioned in my email that, I will partake all the classes, assignments, et al alloted to me, but from home ( all other teachers are instructed so.) ; There cannot be double standards.

 

3. The conditions in Kolkata, West Bengal is such that, no one  can "can not resort to that unhealthy practice of working for two organizations at the same time." even one is desirous to do so; 

 

 

k.n.VIJAYAKUMAR   27 April 2021

Madam , 

it is all correct. But what is in your appointment order , what u have agreed is - you have obey. WORK FROM HOME IS not LAW.

sO IF THEY CALL TO TO SCHOOL  BETTER COMPLY . U have stated it is 3 day in a week. it may be fair. 

But noting prevents u from wearing a PPE kit , wear even a helmet - may it is ODD. , sanitize your self often.- make your self safe.

These act could fasten your motice period.  


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