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  • Category: Miscellaneous

    If a teacher leave the job with no offer letter given. Will she get salary?

    In a particular case, a teacher joined a famous school and on seeing her past experience the director offered the teacher job without giving offer letter but fixed the salary. And the teacher also accepted the job and continued for one month. But the promises made during the interview was not met by the school and hence the teacher left the job replacing another teacher in her place. When demanded the one month salary the director of that school refused to pay and in fact demanded she should forgo one month salary in favour of the school. Who is right and who is wrong.
  • #670300
    The teacher should have insisted on the offer letter and started work only after she had the letter in hand. Why did she join without proper documentation? An experienced teacher should have known the procedures. Without an offer letter, she does not have a strong case.

    Secondly, every organisation has specific policies with regards to resignation and termination of service. An employee under probation is usually required to serve one month's notice if they choose to resign or forfeit a month's salary. If the employer terminates the service without notice, then the employer has to compensate the employee, with a month's salary. Most organisations follow this practice.

    However, in this case, there is no agreement, contract or offer letter, so the rules are not binding. The teacher may try to get a copy of the attendance register, as proof that she was employed there, and then she can build a case and fight it out.

    'A love affair with knowledge will never end in heartbreak' - Micheal Garrett Marino

  • #670301
    Yes the teacher has signed the attendance register daily and also has her thumb impression on the biometric machine. Moreover, the school is fitted with CC tv camera at every corner to prove her presence the whole month.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #670304
    It is a breach of trust. The teacher had faith and trusted the big school without insisting for an offer letter. However, she can move the court for justice with the evidence and witness to her attendance to the school.
    No life without Sun

  • #670305
    Meanwhile, she approached the District educational officer, who is also a lady to get her justice. We have to see the results on Monday.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease

  • #670307
    That's right that she should have asked for the offer letter and the appointment letter while taking up the job. Things said verbally can easily be manipulative.

    Every organisation has its rules. In my organisation one is asked to give notice before three months when the person resigned otherwise the salary is deducted accordingly.

    In my opinion, the employer is right in this case as the school may be having a policy that a teacher should not leave before the completion of the session or something else.

    Sanjeev

    " We can complain because rose bushes have thorns, or rejoice because thorn bushes have roses.”
    – Abraham Lincoln

  • #670308
    Nowadays in many schools in Hyderabad this is happening. Two or three teachers told me this. They lost the old job as well as new job. Some small schools never give appointment letter but they will pay salary as promised but they pay salaries very late. This is deceiving people only. We should ask for letter.
    These days every where you see you will find such issues. Now if we try to fight out the case they will put the amount in teacher's bank account and they say that because of some financial problem we were forced to pay late. As there is no written understanding between both them it is very difficult to fight out the case. A lot of time and money has to be spent for this. Now her immediate action is to search for another job and join.
    If such teachers can make a complaint to DEO or MEO , they may negotiate and they may do some favour to the teacher. Generally, schools will not go against these department officers

    drrao
    always confident

  • #670321
    The needy person has joined the job on the assurance of the management or Principal of the school and has worked for a month. She did not get the offer letter so she can contest it by telling that she joined here on a telephonic call or SMS and can show that as record of the verbal offer if she has it in his phone. The school attendance register is also can be used as a proof for her executing the work assigned to him. As per the law the benefit of the doubt is always given to the employee or the worker. So she will get the salary for the period she worked there.

    Only problem in this case may come as leaving the school without informing is not a correct thing and it can be an adverse thing for the teacher. She should have given a written notice to the school administration that she will be leaving the job next month and that may be treated as the notice period of one month. If school gives her any reply then that reply itself becomes a proof that school has hired him and she is an employee. So taking a temperamental decision does not help in such cases. She should have taken a legal opinion before leaving the school.

    Knowledge is power.

  • #670324
    If she fights she may get the salary for the period she had taught in the school but school management can delay her claims in absence of the offer letter. Now a days the school management of some schools is exploiting the unemployed teachers and asking them to join the job without any offer letter. This is a bad trend and requires to be taken care by the district education authorities.
    Thoughts exchanged is knowledge gained.

  • #670574
    Glad to inform you all that the aggrieved teacher got the justice as the school paid her salary thanks to the intervention of DEO.
    K Mohan
    'Idhuvum Kadandhu Pogum "
    Even this challenging situation would ease


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