Tajsateesh
Recruitment/talent Acquisition, Career Counselling
+2 Others

Hi I have worked in a CBSE affiliated private school in Faridabad. I work there for seven years three months they were not giving me maternity leave so I resigned. Now I m asking about gratuity but they r not giving. They have got signed on papers on which it is written that they will not pay gratuity, bonus and el. Is it possible to get gratuity and EL encashment . can I file case under maternity act also. I left the school on 8 August 2014. My baby was born on 19 Nov 2014. In how much time I can apply? Please advise.
27th July 2015 From India, Delhi
The company cannot refuse you maternity leave and consequent benefits.
Similarly if you have served for five years,gratuity cannot be refused.
Please approach the district education officer with your problems,if the scoll refuses to follow laid down law on Maternity,Gratuity etc.
27th July 2015 From India, Pune
You are legally entitled for these dues.
Your signed papers cannot have the effect of overriding law and compulsory legal payments.
The sooner you take action the better it is.
Now it is already 7-8 months over due for payments.
Just go ahead and meet the local educational authorities with your problem.
Put up everything in writing and obtain acknowledgement.
27th July 2015 From India, Pune
#Anonymous
Dear Vandana,
It is really very sad on part on the school. The education field where we supposed to learn the values of ethical, economical, social, patriotic aspects.
Such institutions are overruling the mandatory laws. You must mention name of the school as well in the discussion, so that I any know of the school will see the topic, he/she will aware the same to the management.
First of all try to discuss the matter with mutual understanding, if they don't agree for that than pls visit the nearby Labour Office (in which jurisdiction the school area falls). The designated authority will definitely help you in both claims. (Maternity and Gratuity). Also note if the school have 20 or more employees on roll, there must be PF-ESI/Medical facilty, (the school may not be covered under those statutories).
28th July 2015 From India, Delhi
All employees are eligible for statutory benefits as per thre prevailing laws of the country. They can't deny the Maternity benefits unless there is specific agreement between the employer and employee that Maternity benefits will be restricted to first two children only. for claiming Maternity benefits and gratuity you can file a petition before the Commisioner of Labour in your area. and mark a copy to your institution by Reg Post with Acknowledgement due.
28th July 2015 From India, Mumbai
Legally you are entitled for gratuity .The school is not a shop or commercial establishment .Hence Bonus Act and Maternity Benefit Acts are not applicable to it.
28th July 2015 From India, Thiruvananthapuram
Applicability of Maternity Benefits Act to schools
Maternity leave
https://www.citehr.com/519243-matern...te-school.html
This link may prove useful.
The lady is entitled to maternity leave/benefits.
29th July 2015 From India, Pune
Thanks everyone for ur advice.I was getting EPF and esi benefit so I know all rules apply to them.but they make fool to everyone. I want my job back can I do something for that also.I have given them legal papers of gratuity they agreed to give it but taken time . but they r not agree to give el benefit. Is there any act for it also based on which I can talk.
30th July 2015 From India, Delhi
I know if I take the help of lawyer they have to give me all that is gratuity ,el,maternity leave but I don't know how much time it will take.I want mutual solutions for these.I m not asking about ML but I want back my job which they promised verbally.
30th July 2015 From India, Delhi
You want mutual solution.
But what is the thought process of school?
Talk to the school and see.
If you take legal approach then school will be forced to pay all legal dues,but whether they take you back or not is open to question.
Absolutely no harm in discussing matters with school.
Then you can decide the approach-legal,District Education officer etc.
30th July 2015 From India, Pune
Hello Vandana Manish,

You have got valid & actionable suggestions to handle your ML & Gratuity.

However, I would suggest you NOT to club the ML/Gratuity issue with your wanting to rejoin the job back.

Look @ it this way. Irrespective of whether you need to go legal or otherwise, I am sure you too realize that your ML/Gratuity dues WON'T come without some hot discussions/interventions. When such a situation develops, do you think your job.....IF & WHEN you rejoin......would be smooth? You now have a baby to take care of too.

It's human nature to prefer the "known comfort zones' in life.....BASED on past experience. However, quite often, the future possibilities TEND to skip the attention/thought while making choices that effect the future.

Based on what you mentioned & suggested by other members, I see things panning-out this way would be more realistic. Get your dues from this school BUT join another School, based on your personal conveniences.

This also has another advantage for you.....psychologically. As long you have the thought IN MIND that you MAY or WANT to join this School again, your mental frame of mind WHILE handling the ML/Gratuity issues would be hindered by this expectation. Once you disconnect this aspect from the other issues, multiple options are bound to open-up for you. Just try it.

All the Best.

Rgds,

TS
1st August 2015 From India, Hyderabad
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