You don’t have an appointment letter
you are not required to serve one month notice period
even if school sues you take the plea that no appointment letter issued not required to serve any notice period
Resigning as a teacher from a school with immediate effect without serving any notice period
Hi, I am a teacher and I was employed by the school 6 months ago as I was in desperate need of a job at the time, but i didn't get any offer letter or acceptance letter when I joined. It was a verbal agreement and mutually based on trust. I worked there for 6-10 months and I got a better offer in a different school. I took 23 days of leave last month though the school informed me that it is not good to go on such long holidays as it is affecting the studies of the students but i still did as I was searching for a new role as a teacher and giving interviews. I was paid the monthly salary on the 1st day of every month till this month, they didn't deduct my salary anytime. Today I submitted my resignation letter without any prior information to the school as I am joining a different school tomorrow. The school has asked me to serve a month's notice before my resignation but I didn't do that. I know i am guilty of not telling the school before hand but what could be the implications of my actions legally?
Asked 6 months ago in Labour
8 Answers
So then the school can hold my salary too at any given time if I didn't receive a letter
Asked 6 months ago
Yes they can hold your salary
Dear Client,
Since your employment was based on a verbal agreement and no formal contract was provided, the terms of employment, including notice periods, are not explicitly defined. However, a customary notice period is often expected to ensure a smooth transition and minimize disruption to students. The school may withhold your final salary as a penalty for not providing the customary notice period. Approach the school administration and explain your situation. Acknowledge the lack of notice and express your willingness to assist in the transition. Keep records of all communications with the school regarding your resignation and any responses from the administration. This documentation can be important if there is any dispute. In case any negative consequence occurs, consult a lawyer and seek legal help. Should you require any further clarification, please do not hesitate to contact us.
If your employment offer letter stipulates this condition to submit one month's notice period on tendering resignation then yo may have to comply with the condition.
Whereas in your case, you have mentioned that there is no employment letter given to you nor you have signed any paper accepting the employment with the conditions stipulate therein, therefore you can refuse to pay the compensation for one month notice period nor you are required to work for one month notice period.
The school cannot force you but you may not get an experience certificate which may be withheld by school authorities to avenge you.
If no work then no salary, however the school is liable to pay the salary till the last date of your working in the school
- As per Specific Relief Act, if any employee quits before the notice period, the Employer can only recover the Notice pay, and the Company cannot force to serve the entire notice period.
- Further, the resignation decision is the employee’s decision, and the employer cannot sue for breach of contract, if the employee leaves without serving contractual notice.
- Further, no employer can refused to return the original certificates or to issue relieving letter .If they are doing so, their act is illegal, unjustified and against the fundamental rights of the employee.
- Since, there is no offer letter /appoint letter was issued to you , then it means that there is no written contract which binds the parties.
- Hence, if the absence of offer letter you are not bound to serve the notice period , and the employer cannot recover the notice period payment from you.
Ans: Not serving a notice period will go against your favour and school authorities will be well within their rights to withhold your salary. Other details can only be clarified by looking into terms and conditions of employment agreement.
you have to pay the notice period basic salary to the school
