Are School Teacher Offer Letters Different from Private Company Employees? Legal Insights Needed

Dear Seniors, Our company is involved in various industries. Previously, I managed HR activities for our real estate division, and recently, I have been involved in the education sector of our company (an international school). Since I need to create offer letters and other official documents for school teachers, I have a query regarding the differences between the terms and conditions in the offer letters for school teachers and those for employees in a private company.

For example:
1. For the teachers, our management wants to implement a six-month probationary period. If they wish to leave during this period, they must serve a three-month notice or pay three months' salary to the school (gross salary).
2. If the school decides to terminate their services during the probationary period, it can do so by giving a one-month notice or by paying one month's salary (basic salary) to the teacher. The school is not obligated to provide any prior notice or reason for termination.
3. Can we maintain similar terms for an employee in another private company?

Are these terms legally correct, and what aspects should we focus on?

Thanks & regards,
Madhuri.

Dear Nathrao ji, Thank you for the response. I agree that for the teaching staff, responsibility towards their class and successful completion of the session is very important, and the same is, in fact, mentioned in their employment offers. We invest a lot in their training programs and other aspects but still face this problem. To address mid-session resignations, the management seeks to include a strong clause in their employment offers related to resignation/termination to have a better hold on the staff, but nothing seems to be working out. We thought that by introducing a monetary aspect, we could make a difference, but if we specify a gap between the payment and receivable amount of salary (e.g., when they have to give notice, we mention it as gross salary for three months, but when we need to give, we specify it as basic salary for one month), does this hold legally? What other options could we explore to reduce attrition among the teaching staff or employees of private companies?

Thanks,
Madhuri.

Extract of Delhi School Education rules for information:

No teacher shall be relieved of duties except on the expiry of a period of three months in the case of a permanent teacher, from the date on which intimation to leave is given, and one month for a teacher who is not permanent. Rule for probation teachers: the period of probation is one year.

I advise you to read the Education code and rules and frame rules accordingly.

I am a bit skeptical about the proposed service conditions, although I am in complete agreement with Mr. Nathrao regarding the responsibilities of teachers and the midway termination of their employment. The accepted legal position states that education is an industry. However, in light of the judgment of the Allahabad High Court in Hindi Sahitya Sammelan Prayag Vs. Presiding Officer, Labour Court, Allahabad - 2005(104)FLR 834, the Industrial Employment (Standing Orders) Act, 1946 is not applicable to educational institutions.

If I am correct, the Karnataka Education Act, 1983 has specific provisions concerning the conditions of service for teachers in private schools. The proposal regarding the exit notice appears somewhat arbitrary to me. I suggest you verify the relevant provisions of the aforementioned Act and the rules framed under it.

Thank you.