You are here:

Indian Law/Appointment by a school, but no appointment letter

Advertisement


Question
During march end, I was called for an interview in a school in Noida as a French teacher. The new batch starts from April 3rd and I got a call on 1st April confirming my appointment. On visiting the school during the orientation programme, I talked to the previously employed teachers and got to know that nobody has the appointment letter [the principal and headmistress included]. It is a highly reputed global school and I do not expect such behaviour on their part.

My question is- Should I join the school or not? I'm a fresher and it is EXTREMELY IMPORTANT for me to have at least my experience letter. Is it possible that in the absence of an appointment letter I'm also denied my experience letter later? It's a big school with multiple branches and a lot of staff, so should I keep my expectations straight and assume that I WILL get an experience letter at the end? Or if they don't give me an appointment letter should I quit? I haven't signed any document as of now, neither have I got a copy of any rules & regulations. However, the principal did say that they will get a bond of a year signed by me. I am not getting the feeling of being hired as there has been no written exchange of documents. If I get a paper signed from the principal stating that I will get an experience letter at the end of my tenure, will it be enough as a legal evidence in case of any issues later?  

Please help ASAP.

Thank you

Answer
Contract may be oral or written but written contract is definitely better to prove the terms and conditions in case of a dispute.Some organisations issue formal appointment letter on a date subsequent to the date of joining.Since you are a fresher, you have no other alternative but to accept it.It will atleast give you some experience.If you join without any formal appointment letter,you shall have the discretion to terminate the contract at any stage simply by serving a verbal intimation.It will help you to join elsewhere at a shorter notice.Employment Bond is normally difficult to implement because it is a one sided contract.The employee excutes it under coercion and in most of the cases ,such contract is turned down by the court.Moreover, it is a violation of Article 19 of our Constitution as well as void U/s 27 of the Indian Contract Act.Therefore, even if they execute such Bond,if subsequently you leave them without paying the bonded amount,they cannot enforce it through court.If you resign from that organisation,please do not agree to pay a single Re. from your own pocket towards implementation of the bonded amount.Let them recover it through court.They have to prove before the court the actual loss suffered by them due to your pre-mature termination of contract.
In view of the above, my advice is that you accept the appointment without any hestation and continue there till you get an alternative suitable employment.However,if you feel happy there ,you may also continue there.

Indian Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Arun Kumar Maitra

Expertise

Contract Law,Companies Act,Sale of Goods Act,Partnership Act,Negotiable Instument Acts,Constitution of India,Arbitration Act,Consumer Protection Act,Maternity Act,Payment of Gratuity Act,Payment of Bonus Act,Shops & Establishment Act etc.The answer to the grievance of the particular online query depends on the facts of the particular case and law applicable to it.However,my comments relating to the various queries raised through the "All Experts" should not be treated as legal advices and should not at all be relied upon.I do not accept any responsibility for them.They will only give you some ideas about the probable merits of your cases.Ultimate actions/decisions in the matter may please be taken in consultation with the Legal Experts in the relevant fields.My purpose of giving the comments is to increase my own knowledge on the subjects and share it with others.It is purely of academic interest to me. I strongly feel the more knowledge we share,the more we shall be able to learn because there is neither any age nor any end to learning.

Experience

I have experience of dealing with matters relating to holdings of board/general meetings,maintenance of statutory registers,filing of necessary returns with the RoC,obtaining licenses for import,replies to Parliament Questions,dealing with the Parliamentary Committees,appearing before various courts to defend my employers,filing affidavits/counter -affidavits,preparing written statements/re-joinder,giving advice to management on complicated legal issues,preparation,drafting and vetting of contracts etc. I have more than 35 years of experiences to deal with the Company Law and Other Commercial Laws of leading Organisations in the country both in Public as well as Private Sectors.

Organizations
Member,Inst. of Chartered Accountants of India Member,Inst. of Company Secretaries of India; Member,Bar Council of India Member,All India Management Association Member,Delhi Management Association Ex. Vice-Chairman,Durgapore Chapter of the I.C.A.I. Expert ,CA Club India Expert ,Lawyers Club India Expert,AllExperts Ex. Faculty ,I.C.S.I as well as I.C.W.A of India Retd. Co. Secy. & G.M.(Law)/NFL(A Mini-Ratna A Schedule Central P.S.U.),New Delhi Ex.V.P.(Secretarial Dept.),Jaiprakash Associates Ltd. Ex. Co. Secy.,MAMC(A Govt. of India Enterprise),Durgapore

Publications
Nil.

Education/Credentials
M.Com;LL.B;A.C.A;A.C.S.

Awards and Honors
Obtained ''A'' Grade Certificate in the Parliamentary Procedure from the Secy. General of Parliament in 1994-95.It was in connection with a training course conducted by the BPE for PSU Executives.

Past/Present Clients
I am presently working as a Company Secretary in Old World Hospitality Pvt. Ltd.located in Delhi.It is engaged in Hospitality Industry.It has Units in India and abroad.It has been given the responsibility to look after operation & Management of ''India Habetat Centre'' located at Lodhi Road,New Delhi.

©2016 About.com. All rights reserved.