Query On The Terms & Condition Between A School Teacher & Pvt. Company Employee

Dear Seniors,
Our company is dealing with business of different industries. Earlier I was handling the HR activities of our real estate division & recently I was involved in the education industry of our company (an international school). Since I have to create the offer letters and other official letters to the school teachers, my query is about the various differences between the terms & conditions in the offer letters of a school teacher and of a employee in a private company.
For e.g. ,
(1) for the teachers our management wants to put six months probationary period and if they wish to leave during their probationary period, they will have to serve a Three months’notice or they must pay Three months' salary to the school (gross salary).
(2) If the school wishes to terminate their services during their probationary period, it may do so by giving a one months' notice or by paying one month' salary (Basic salary) to the teacher. The school is not under any obligation to provide any prior notice or reason for termination.
(3) Can we maintain similar terms for a employee in other private company.

Are these terms legally correct or not and what all aspects we must 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.

Ms. Madhuri Burman,

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.