Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Essykkr
Statutory Complaince/labour & Employment
Kumaresank
Labour & Industrial Laws
Sachdeva1208
Business
Batulia
Teaching
+3 Others

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Is there any law for not giving the gratuity after completing 5 year of service.
My friend worked in a private reputed school in delhi. She resigned from her job after completed 9 year of regular service.
Now the school management refuse to relies her gratuity amount after 5 months of leaving. They gave the excuse of 6th pay commission. They informed me that it is not necessary to pay gratuity and leave encashment in private school. Is it possible?
If she want to take a legal action then at what place/department she should file a complaint/suit.
Can any one advise me for this case.

From India, Delhi
Pay Commission recommendations are not applicable to Private schools whereas the gratuity applicability of such establishments are governed by Payment of Gratuity Act. However, till now teachers are not eligible to get gratuity. At the same time, all administrative staff and the Principal who also does some kind of administrative work in connection with the school are eligible to get gratuity at the same rate as applicable to employees of industrial and other establishments as per the provisions of the Payment of Gratuity Act. However, a bill has been presented to amend the Payment of Gratuity Act incorporating teachers also under the definition of employees so that they would also become eligible to get gratuity. I believe that the same has not become Act so far. Therefore, I advise you to search for any notification in this regard rather than going behind sixth pay commission.
Regards,
Madhu.T.K

From India, Kannur
Is there any other legal consultant who can advise/suggest on this matter that at what place she can file complaint.
From India, Delhi
The authority to hear on matters connected with gratuity is the District Labour Officer. You can contact him for advice. As stated earlier, at present teachers are not covered by Payment of Gratuity. Still you can make sure by consulting him.
Regards,
Madhu.T.K

From India, Kannur
Gratuity in Schools In Delhi: As per Chapter IV of the Delhi School Education Act 973, Salaries of employees, scale of pay and allowances, medical facilities, pension, gratuity, provident fund and other prescribed benefits of employees of a recognized private schools shall not be less than those of employees of the corresponding status in schools run by the appropriate authority.
If schools are not implementing the above provisions, Director of Education, Delhi can take action to withdraw recognition of the school.
Concerned teacher can appeal to the Director of Education, Delhi and also can go to Delhi School Tribunal.
IK ARORA

From India, Delhi
Really Good Information about Gratuity for teachers by our Cite-Hr Friends .If any body have the Supreme Court Notification/Order ,Please share in this form. That would be give more clarity to all.
From India, Hyderabad
Bill to include on the suggestion from Supreme Court to include Teachers for Gratuity payment was considered by Parliment and Bill to effect was passed on 18.12.2009 Bill attached The definition employee was amended to include "to do any kind of work"
From India, Tiruchchirappalli

Attached Files
File Type: pdf Gratuity Act amendment to include Teachers.pdf (79.7 KB, 1335 views)

Dear friends,
Only a bill has been presented and so far no amendment has taken place in the Gratuity Act enforcing the same in it.
Yes, not only Delhi Education Rules but the pertinent rules of almost all states have the similar provisions which provide for gratuity to the "employees" employed in schools. But what is interesting is that by employees are meant only employees employed in administrative functions like clerks, attendants, laboratory assistants etc but not teachers as they are engaged in a NOBLE PROFESSION.
Regards,
Madhu.T.K

From India, Kannur
If School is regularly paid off the Gratuity to the eligible teachers, then such rule apply to the school. Pl reply.
From India, Delhi
Dear Members,
By notification dated 31.12.2009 employee has been included in the definition of the employee. As far as I remember this notification was provided by any of the CiteHR member which I am attaching here for ready reference of other members. One of our Authority under The Payment of Gratuity Act, 1972 have also accepted this fact.
Regards,
R.N.Khola



From India, Delhi

Attached Files
File Type: pdf Gratuity notification amendment in definition of employees.pdf (80.5 KB, 425 views)


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