90,000+ Legal Questions Answered
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
No Leave Encashment - Worked for 18 plus years in the organization
Dear Client,
Leave Encashment Rules for private companies vary according to their policies and local regulations. Each company has a unique leave encashment policy. Some may have a cap on the number o...
Salary FnF not done
Dear Client,
Your query requires more details and transparency in explaining the cause of action that attracts legal remedies. However, it may be noted that if you tender your resignation following th...
Shift Allowance
Dear Client,
If the payment of shift allowance does not appear in your offer/appointment letter or the wage and salary policy of the Company, you cannot claim it as a matter of right. Other than the d...
Notice period on probation period in company
Dear Client,
Yes, of course, the Company can take action against you for breach of the terms of the contract as per its HR policy. Once you accept the Company's offer letter, you should abide by its...
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...
Read Blogs on Employment and Labour
Employment and Labour Lawyers
Find Lawyers by Location
