Kindly provide your valid suggestion for following case of my wife She is working as a probationary Physical education teacher in a Kerala CBSE school. If we get it soon which will help our further legal process.
She has appointed into the school on 15/5/2013 (as per the Appointment order) after the interview with the management. As per the appointment order the one year probation ended on 31/5/2014 and they have extended probation from 1/6/2014 to 14/5/2015. In March 2015 itself Principal orally intimated that the confirmation may be happened in coming june(06/2015). At that time she was pregnant for three months and informed Principal orally regarding this. On 15/5/2015, Office person from school has informed her to rejoin on 25 May after the vacation.
After this two day before the reopening (22/5/2015), Principal called her and informed that they are going to terminate her and she can start to find another job.
Is this legal to terminate after the probationary period (one week after the completion of probation)?
Is this legal to terminate a pregnant woman after the probationary period (one week after the completion of probation)?
Should we accept termination letter with old date?(If they are issuing in later stage)?
The didn't give any reason/intimations orally or in writing regarding her performance until this time. Also no appraisal/review was happened.
From India, Chennai
She has appointed into the school on 15/5/2013 (as per the Appointment order) after the interview with the management. As per the appointment order the one year probation ended on 31/5/2014 and they have extended probation from 1/6/2014 to 14/5/2015. In March 2015 itself Principal orally intimated that the confirmation may be happened in coming june(06/2015). At that time she was pregnant for three months and informed Principal orally regarding this. On 15/5/2015, Office person from school has informed her to rejoin on 25 May after the vacation.
After this two day before the reopening (22/5/2015), Principal called her and informed that they are going to terminate her and she can start to find another job.
Is this legal to terminate after the probationary period (one week after the completion of probation)?
Is this legal to terminate a pregnant woman after the probationary period (one week after the completion of probation)?
Should we accept termination letter with old date?(If they are issuing in later stage)?
The didn't give any reason/intimations orally or in writing regarding her performance until this time. Also no appraisal/review was happened.
From India, Chennai
When they extended probation period,did they quote any reason -non performance,inefficiency etc.
Was anything given in writing about extending probation??
Any periodic review carried out during first year of probation?
What was written about termination in appointment letter?
Prima facie it appears to be a case where they want to avoid maternity benefit payments and absence of teacher for 12 weeks.
Approach labour officer or send a legal notice to the school.
From India, Pune
3131Was anything given in writing about extending probation??
Any periodic review carried out during first year of probation?
What was written about termination in appointment letter?
Prima facie it appears to be a case where they want to avoid maternity benefit payments and absence of teacher for 12 weeks.
Approach labour officer or send a legal notice to the school.
From India, Pune
The queriest wife seems to be employed in Tamil Nadu and working in a private recognized school. She appears thus to be governed by TN private school regulation Act, 1973. Under it before termination of a probationer, approval of competent authority is essential otherwise termination is void. It appears that she is deemed confirmed after 24 months and thus cannot be terminated. If the school wanted they could have served order before 15.5.2015. Any antedated order is void.Approaching the competent authority is appropriate because labour officer has no jurisdiction.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
In continuation of above, even if the said teacher has been working in Kerala private recognized school she will then be governed by the Kerala Education Act and Rules. Under Chapter XiVA thereof the period of probation is one year. So still she is in more advantageous position and will be deemed to have been confirmed after one year.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
A probationer is an employee and there is no provision to terminate instantly with or without reason provided it is justifiable. Probation is an opportunity for both employer and the employee to decide at a given period if or not to continue. The performance of the employee during probation has to be evaluated with substantial records in order to discontinue at the end of the probation period. There is also no provision to extend the one year probation without sufficient reason being given in writing.
Considering the sequence of events, it appears that the reason for such termination is pregnancy. It is an unfair treatment by all norms.
If the termination is issued in writing it has to be replied with caution and need to get legal advice.
From Sri%20Lanka, Dehiwala
Considering the sequence of events, it appears that the reason for such termination is pregnancy. It is an unfair treatment by all norms.
If the termination is issued in writing it has to be replied with caution and need to get legal advice.
From Sri%20Lanka, Dehiwala
Kerala Education rules
Some excerpts:
3. Initial appointment of qualified teachers shall be on probation.
(b) At any time before the expiry of the period of probation, the
manager may with approval of the Educational Officer, by order
extend the period of probation for a further period not exceeding one
year if the work of the probationer is found to be unsatisfactory. In
cases where the probation is extended, a condition shall, unless there
are special reasons to the contrary, be attached in the order of extension
of probation that the probationer's increment shall be stopped until he
is declared to have satisfactory completed his probation. Such stoppage
of increment shall not be treated as a penalty, but only as a condition of
extension of probation and shall not have the effect of postponding
future increments after he has declared to have satisfactorily completed
his probation.
(c) If the work of the probationer is found to be unsatisfactory at any
time before the expiry of the period of probation or where such period
of probation is extended, the manager may, with the approval of the
Educational Officer, by order either terminate the probation and
discharge him from service or in case probation has not been extended,
extend the period of probation after giving him a reasonable
opportunity of showing cause against the action proposed to be taken
against him:
Provided that where a probationer has been given a reasonable opportunity of showing cause against the action proposed to be taken against him/her.
All this from
THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959
Fourth Edition
(Embodying corrections upto 31st December 2010)
All this give adequate grounds to defend her case.
No back dated letters given by school administration should be accepted.
From India, Pune
Some excerpts:
3. Initial appointment of qualified teachers shall be on probation.
(b) At any time before the expiry of the period of probation, the
manager may with approval of the Educational Officer, by order
extend the period of probation for a further period not exceeding one
year if the work of the probationer is found to be unsatisfactory. In
cases where the probation is extended, a condition shall, unless there
are special reasons to the contrary, be attached in the order of extension
of probation that the probationer's increment shall be stopped until he
is declared to have satisfactory completed his probation. Such stoppage
of increment shall not be treated as a penalty, but only as a condition of
extension of probation and shall not have the effect of postponding
future increments after he has declared to have satisfactorily completed
his probation.
(c) If the work of the probationer is found to be unsatisfactory at any
time before the expiry of the period of probation or where such period
of probation is extended, the manager may, with the approval of the
Educational Officer, by order either terminate the probation and
discharge him from service or in case probation has not been extended,
extend the period of probation after giving him a reasonable
opportunity of showing cause against the action proposed to be taken
against him:
Provided that where a probationer has been given a reasonable opportunity of showing cause against the action proposed to be taken against him/her.
All this from
THE KERALA EDUCATION ACT, 1958 and THE KERALA EDUCATION RULES, 1959
Fourth Edition
(Embodying corrections upto 31st December 2010)
All this give adequate grounds to defend her case.
No back dated letters given by school administration should be accepted.
From India, Pune
Send a written complaint to the Education Officer requesting him to direct the school authorities to allow you to join and sign attendance register. But before that send written letter to the Manager that you reported to join the duties on___ but were not allowed to join and sign the attendance register on ______. by. Sh._____It is illegal as contrary to the Act and rules.pl allow me resume my duties forthwith failing which I will approach the competent authority under the Act.
Thanks
Sushil
From India, New Delhi
Thanks
Sushil
From India, New Delhi
They have not issued the relieving letter up to this time. They are telling they have to get it from their head office
So how we have accept the backdated termination letter? "Received on ____________ date" clause is enough ?. Because without letter we cannot proceed legally.
From India, Chennai
So how we have accept the backdated termination letter? "Received on ____________ date" clause is enough ?. Because without letter we cannot proceed legally.
From India, Chennai
""neither issuing termination letter nor allowing us to rejoin or allow us to Sign in the attendance Register.""
This is a stalemate situation in which employee is a looser.This can only be addressed as already suggested by learned poster Luthra by approaching District Education officer with a self explanatory detailed complaint.
If back dated termination letter is being given I would reject it.Your further complaint to Education officer,legal actions can carry an averment of this backdated termination letter and your rejection of the same based on date of signing and date of handing over to employee.(on this specific aspect consult your lawyer for accepting/rejecting back datedletter)
IF PF is not being deposited even that aspect can be included with details of non remittance of PF collected from employee/s.
One should look for harmonious working but if things go out of hand take the legal path after finishing departmental level complaint actions etc.
From India, Pune
This is a stalemate situation in which employee is a looser.This can only be addressed as already suggested by learned poster Luthra by approaching District Education officer with a self explanatory detailed complaint.
If back dated termination letter is being given I would reject it.Your further complaint to Education officer,legal actions can carry an averment of this backdated termination letter and your rejection of the same based on date of signing and date of handing over to employee.(on this specific aspect consult your lawyer for accepting/rejecting back datedletter)
IF PF is not being deposited even that aspect can be included with details of non remittance of PF collected from employee/s.
One should look for harmonious working but if things go out of hand take the legal path after finishing departmental level complaint actions etc.
From India, Pune
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