Problem in serving notice period

Is it stated in standing orders/service conditions/service rules…………….appointment letter………….

• Notice period is applicable only for working months (1 mth or 3 mths).
• Vacation cannot be included.

If you have any doubts, you are within your rights to ask with reference to whihc clause this conditin is being levied.

Serving the notice period implies employee remains on board: in employment: on duty: at the disposal of employer: during working hours………………….

If during summer vacations you are also given vacation and are not attending school the stance of the authority may be right.

If you are attending school during vacation also ensure that you mark attendance and secure attendance record and also copy of any policy/circular/notice asking teachers to attend duty in school during vacation. Such circular shall help you.

If the directions are verbal submit minutes under acknowledgment and claim attendance and having attended to duty……………….

In such a case you may succeed to claim that employer has assigned duties during summer vacation for students and there is no vacation for teacher and teacher is rendering services by attending the office as demanded by employer…………………….and notice period can be served during vacation declared for students……………

Or you may earn salary for days worked during period of vacation and tender notice pay, for notice period…………….

You may ask to adjust notice pay @ Basic+ DA (as employer would disburse gratuity, leave encashment, bonus, OT etc at this rate……………………) or as stated in agreement/employment contract signed by you……………..

If you have enough time to join in next employment you may serve the notice period…………..and join later. 

The service conditions are stated in certified standing orders of the company extended to the designation of the employee, appointment letter, statue…………………

The service conditions stated in standing orders can not be negated in appointment letter.

What are the government rules applicable to the school and does it mention anything on notice period/service conditions/service rules………………..if yes school management is under obligations to follow……………….

The purpose of notice period is to make alternate arrangements e.g. for employer to put his house in order/handover the charge to designated employee; internal or freshly recruited……………..

Employer can recruit during vacations also……………….or designated the replacement during vacation also…………………….

As per contract one party which breaches the contract compensates the other party whose rights have been violated……………………….in employment contract such liquidated damages are stated in the form of notice pay………………….

Remain gentle and reasonable.

The next employer may demand proper relieving, clean reference check……………… by past employer

You may proceed as deemed fit at your end.

Dear Sir,

Thank you so much for your valuable reply.I wanted to tell you about my case elaborately. In my appointment letter it is clearly mentioned that if in any case i levae the job then I have to give the institution one calender months notice period.It is not written anywhere that the notice period could not be served in the month of june or during summer holidays.One of my precious collegue, who was a confirmed teacher had given the notice period in the month of April, in her case she was serving 3 monthes notice period, i.e. april, may and june.Her notice period was accepted by the authority, then why the authority is creationg problem for me?

Nowhere it is stated that I cannot give notice period during summer holidays in the contract. Yes, during the month of JUne teachers were also given holidays along with the kids, but it was the decision of the school, if the school had asked me to attend the school in june, I would have done that too. Moreover the school had asked the teachers to join back the school on 29th Juneand i did that.But as i was recruited at another institution from 1st july onwards, I stopped going to my previous school and now my previous school  is claiming one months salary by stating that notice period could not be serve during summer vacation.Here, I would like to mention that the school was not closed during the vacation, the office of the school remained open.But the school itself gave holidays to the teachers as students were having their holidays.

My next question is, when I am entitled to get the salary of the month of june then why cant I serve notice period for the month?

Waiting for your reply.

your plea appears correct

You have posted that:

--------“One of my precious collegue, who was a confirmed teacher had given the notice period in the month of April, in her case she was serving 3 monthes notice period, i.e. april, may and june.Her notice period was accepted by the authority”

You wish to cite the precedence and you may.

The employer/authority has the discretion and can waive off the notice period/pay.

----------“Nowhere it is stated that I cannot give notice period during summer holidays in the contract.’

It is general law that whenever there is any ambiguity in terms of contract then benefit of doubt will given to party who don’t make the contract.

Gossip and rumor can not be rules.

If the authority claims it is a rule then it has to produce the printed, circulated version of the policy/rule.

Then the question can arise: which will prevail, the contract of service or service rules?

--------“the school had asked the teachers to join back the school on 29th Juneand i did that.”

The employer shall pay the salary for the days worked.

---------“when I am entitled to get the salary of the month of june then why cant I serve notice period for the month?”

Look into the acknowledgment/acceptance of the notice of resignation/resignation issued to you by the employer/authority, and the relieving date if any issued to you.

Has such a communication acknowledging/accepting notice/resignation been issued and supplied by authority?

The authority could have issued a clear communication.

All said and done question arises; if the notice period/pay is not waived off then how would you claim that you have served notice period?

Usually the paid holidays/off days are counted in period of service and notice period…………………….

If the employer wishes to cite that notice period of 30 days imply 30 days worked (excluding off days etc); there should be explicit communication/statement in contract of employment/standing orders…………………….

--------Still the employer does seem to have some logic that vacation implies no presence at workstation.

While you seem to counting on ambiguity………………………….in contract of employment, service rules/policy/HR policy……………………………..etc ( if at ball these exits and are circulated or kept in knowledge domain of the employee).

Employee should try by applying exceptional levels of rapport/goodwill/persuasion/persistence/reasoning/negotiation skills…………………………………………..and resort to legal recourse if all efforts fail.

Apply your skills and get a waiver.

This shall be the quickest and easiest soloution. 

If there is a need and logic to pursue the matter legally approach a competent and experienced service lawyer near you.

If your lawyer confirms the force and merits in your contention you may choose the most suitable option………………………

Remain gentle and reasonable.

The next employer may demand proper relieving, clean reference check……………… by past employer

You may proceed as deemed fit at your end.