Madhu.T.K
Industrial Relations And Labour Laws
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Ramnarayanhr
Hr Generalist With 8+ Years Exp. Good In
Riteshmaity
Labour Law Advocate
+2 Others

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Hi... My wife had joined an International school as a teacher for Junior section... she was offered a salary of 12k/month... however now after her first month salary I see that they don't credit her salary thru bank... its been given in hand and there is a deduction of 24% from the salary... but they say pay Slip cannot be provided..and they fail to give the PF number...I have not received any compensation letter with the offer letter as well.. Pls do suggest on how to go with it..
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This is the way in which about 95% of "International" Schools function in India. They are neither international by curriculum nor by administration. Then how could you describe these schools as International Schools? They may have English speaking teachers, there may be a system that no student would be permitted to speak Hindi or the local language, and the fees that they charge would be equal to the one charged abroad.. But there will be no system for recruitment of faculty, fixation of and payment of salaries to them etc. In most cases the only criterion would be that the guy should be good in English speaking and should come from a wealthy family, so that she or he would not demand much or go for collective bargaining.

Coming to the situation, the basic thing to be considered is that whether the state where this school is situated has got any minimum wages (salary) fixed for private unaided schools. If no such notification exists, you cannot demand a fair salary. Again, in the absence of an appointment order showing clearly the compensation, we can not say that we are underpaid. Now, if there has been a verbal agreement that the salary would be Rs 12000 and there happens to be a deduction of 24%, then it should be PF contribution from the both, ie, employee and the employer. That is illegal and can be addressed. But what would be the end result? You will get a termination letter and they will get another person with Rs 10000 salary. This is because, this is the only industry, I feel, where we can get labour(Skilled and NOBLE labour) with even less than Rs 5000 per month.

Madhu.T.K
So called/Named International schools comes under Shops & Establishment Act they have to follow PF From the day first now the legal issue is not that they deducted 24% from 12K salary they can call 12K as CTC (Cost to the Company), Now the Legal issue is that they under Shops & Establishment Act they have to Maintain & provide Appointment Letter (Form-Q in some states) & also Pay slip for every month to all the employees these school administration violated these 2 so now you can go to the Local District Labour inspector of your district with working proof (take a snap of attendance Register) you can Launch a complaint.
The issue with the school management may not be ignorance as to application of law but the issue is how to get rid of from these laws. I remember, when the ESI scheme was extended to schools affiliated to CBSE in Kerala, the managements of these schools challenged the decision of the Govt. of Kerala (State being the authority to enforce the ESI Act) saying that they are under the control of central board of secondary education and whether the service rules pertaining to the employees should be as per their direction. I don't know if there is any service rules applicable to those who are employed in such schools as provided under the CBSE norms, but the Court held that the Board shall dictate the academic part only and not the service conditions of teachers and therefore, the decision of the Government making the ESI scheme applicable to employees of these schools will be binding on CBSE affiliated schools. Like that PF and other labour laws are equally applicable to these schools. Even the payment of gratuity which was not available to teachers (only to teachers and all administrative staff were entitled to gratuity even otherwise) following a Supreme Court verdict which described the teaching as a 'noble profession' and gratuity as something which is to be paid to employees other than those doing this noble profession, has been made available to teachers by means of an amendment to Payment of Gratuity Act and that too with retrospective effect. I don't think that the management of this highly profitable business in India is ignorant of all these matters. They feel that they are okay because the supply of labour is very high and the nobleness of the profession and the respect that the community gives to teachers make it favourable for bargaining. That is why they are underpaid. Often these teachers have to wait long for collecting their wages/ salaries from the so called Manager. This is true even in states like Kerala where the enforcement of labour laws has taken a step ahead than other states in India.

If this is an international school the teachers would not have to count the components of their salaries. They would have got more respect from the 'Managers'.

There may be scopes to redeem such irregularities, but at the end of the day, you will be the sufferer because the supply of this kind of labour is very high and the management is not going to lose anything but will get a replacement even at a low rate. Therefore, before initiating legal action against such management, think twice and approach the Labour Department only if you are confident that the Officer himself is not a regular guest of the management !!

Madhu.T.K
I hope the salary fixed consisting of all benefits(CTC). That is why they deducted employee as well as employer contribution of 24% in the salary. You should have asked clarification while fixing the salary.
It is not at all wrong. Now a days all the employers' are fixing the salaries like this. Anyhow please get clarification from the management whether it is wrongly deducted or as I explained.
I DO AGREE WITH MR MADHU, IF YOU WANT TO TAKE THE RISK OF LOSING YOUR WIFE’S JOB YOU CAN GO AHEAD WITH LEGAL.
1. Sir. as discussed by Madhu ji above, it is well known that to get the benefits under various labour laws in this country is very very difficult especially for female employees. In this citeHR many times, woman employees who want to avail maternity benefit explain the manner by which their services were terminated by employers on hearing that the so and so woman employee will claim maternity benefit. Woman relative of one of my friend did not claimed maternity benefit due to the reasons that the school where she is employed is a english medium school and she was warned against claiming such benefit.
2. Issue to be examined under these circumstances is as to how a woman employee can save her job and also to get the benefits for which she is entitled as per labour laws. Labour Department, I think, will hardly come for rescue of a woman employee who is neither given any appointment letter, nor there are any terms and conditions of employment in written form.
What was the exact amount of salary of your wife? Rs.12,000/- per month in hand or after deduction or was it calculated as CTC. Please note that the salary cannot be reduced at the whimps of the employer, whether it is bank deposited or paid in cash. Employer cannot deduct the employer's share of PF from the salary too. Keep asking for pay slip and PF number (in writing so that it can be proved later) from the authorities of the school. If they don't pay the details of the PF, you can consider approaching the PF commissioner.
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