I joined an Indian school in the Administration Section in the last week of August 2008. My work permit was transferred in September 2008. I resigned in mid June 2011 giving a three months notice to the school. I have not received any reply to my resignation letter.

After availing my annual vacation that had accrued I rejoined my duty in August 2011 and continued working till the first week of September 2011 after which I joined my new school. My visa was transferred to the new school in October 2011. Now my previous school informs me that I am not eligible for any indemnity as I have not worked for 3 years. They are not counting the notice period as working period. Are they right in doing so? Please clarify. Are they correct in denying this to me?

Name withheld

Answer: No, the school cannot deny you the indemnity, because according to the law, three years of uninterrupted service entitles you to indemnity. If you have completed that term, the company is obliged to pay you the indemnity, irrespective of when you handed your resignation letter.