Notice period not served
8 months ago
I have been working in a reputed school for 1 year 5 months. I got appointment order and call from directorate of education delhi to join delhi government school on immediate basis. So, I quit my job to tell them the situation, but now the school authorities are sending legal notice to me. As per my appointment letter, I was on probation.i have not received any confirmation mail or letter.they were not giving us any PF or gratuity. They are threatening me by saying you will not be able to pursue any job...what should I do?
A.Dear Client,
A Probationer is not treated as an employee in the permanent role of an establishment, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. Any teacher of a school established, owned, or controlled by the appropriate Government may submit his or her grievance in writing to the Convener or Member Secretary of the School Management Committee (SMC) which is the first level of grievance redressal at the School level failing which complaint can be lodged to NCTE by addressing the letter directly to the Nodal Officer (Complaints), NCTE and giving the specific facts of the matter. The complaints can also be lodged directly by sending an email: [email protected]. Once you tender your resignation, the existing employer cannot stop or deprive you of your better career prospect which will be amounted to the exploitation of one's career and infringement of fundamental rights as guaranteed under Articles 14 and 16 of the Constitution. Section 27 of the Indian Contract Act,1872 states that an agreement/contract of employment will be illegal if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. You may escalate your grievance before the Dist. Inspector of the School for such an arbitrary and unfair action of the School management.
A Probationer is not treated as an employee in the permanent role of an establishment, so standing rules or regulations are not applicable to the probationer to regulate or resolve the dispute between a probationer and an employer. Any teacher of a school established, owned, or controlled by the appropriate Government may submit his or her grievance in writing to the Convener or Member Secretary of the School Management Committee (SMC) which is the first level of grievance redressal at the School level failing which complaint can be lodged to NCTE by addressing the letter directly to the Nodal Officer (Complaints), NCTE and giving the specific facts of the matter. The complaints can also be lodged directly by sending an email: [email protected]. Once you tender your resignation, the existing employer cannot stop or deprive you of your better career prospect which will be amounted to the exploitation of one's career and infringement of fundamental rights as guaranteed under Articles 14 and 16 of the Constitution. Section 27 of the Indian Contract Act,1872 states that an agreement/contract of employment will be illegal if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. You may escalate your grievance before the Dist. Inspector of the School for such an arbitrary and unfair action of the School management.
Helpful
Helpful
Share
A.Dear client,
You would be required to serve your notice period if you want to leave your job during the probation period. An appointment on probation is an appointment on a trial basis. A probation period may be for a certain period of time or for an unspecified period.
You would be required to serve your notice period if you want to leave your job during the probation period. An appointment on probation is an appointment on a trial basis. A probation period may be for a certain period of time or for an unspecified period.
Helpful
Helpful
Share
Read Related Answers
Can a company deny experience-relieving letter for violating NDA
Dear Client,
For a breach of the terms of an employment contract, an employer can take legal action against the employee claiming damages arising out of the breach of said contract. But the action of...
Illegal Termination
Dear Client,
From the contents of your query, the management's action, prima facie, appears to be highly arbitrary and illegal and can be termed as victimization and unfair labour practice. When the c...
Employee accident
Dear Client,
Section 3 of the Employees Compensation Act, 1923 deals with the Employer's liability for compensation payable to an injured employee in case the injury is caused in the course of and ari...
Job fraud
Dear Client,
It appears from the query, that you are trapped by a fraudster company by alluring with fake employment that costs you a sum of Rs.2 lakhs. When you are in receipt of an offer letter issu...
Applicability of Factories Act and Shops & Establishments Act for NGOs in Karnataka
Dear Client,
Non-profit organizations/NGOs, even though they may not engage in commercial activities, may still fall within the purview of the Shops and Establishment Act if they provide services or...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
