Criminal force to pay back 6 months salary for not serving notice period
9 months ago
I'm a teacher working at a prime IB school in Mumbai for the last 3 years. They have made us sign contracts which states we need to sign 6 months notice period only before Dec 1st to be relieved by June 1st.any other time we can only be relieved by paying 6 months of our salary to the school. I have to resign and can max serve a notice period of 3 months.they are planning to harrass me into legal issues and threatening to send people home to extort money just because they forced me into signing this contract while joining. They have not spent a single rupee in my development as an employee infact made me work multiple positions in the same puny salary. The only reason I want to leave amicably is I have had a good time educating the kindergarten children there and the colleagues have been extremely supportive throughout.
A.Dear Sir
Please approach the following authority or similar authority in a state
The Office Commissioner of Labour
Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)
(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.
(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.
(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliationofficer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.
(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.
(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.
(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]
The relationship between the employer and employee is governed by the contract of employment and the laws applicable on the establishment. As per the model standing orders where no certified standing orders exist, require one month's notice in lieu of pay from either side for cessation of employment. The same time for cessation of employment is followed under the Shops and Establishment Act. Sec.25N of the Industrial Dispute Act, 1947 also requires 3 months' notice in lieu of pay for cessation of employment of any workmen. So, the clause in the employment agreement usually states "ninety days’ written notice or three (3) months gross salary in lieu thereof". Therefore if you are willing to pay, the company should not raise any objections provided there is an option alike in the contract of employment. Employer can’t force You to serve the notice period after resignation. The management has no right to retain even after payment of the damages as per the agreement/contract of employment. Organizations must insert a clause of “ In lieu of” in the contract for termienation or cessation of employment on resignation. Typically the notice period can be waived “In lieu of” pay deduction. And most employees exercise that option by negotiating the difference with the other organization. In the prevailing situation, when you are being harassed by the School authority based on their biased and unethical terms of contract of employment, then you need to serve a legal notice to the School and file a complaint against your employer for victimization and unfair labour practice before the concerned Labour Commissioner as well as Dist. Inspector of School or the licensing authority for redressal of your grievance.
Ideally you have to comply to the notice period as per the employment agreement. If you have a valid excuse, you can file a complaint with the labour commissioner who may then give you a legal remedy
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