Saswatabanerjee
Partner - Risk Management
Panddu123
Hr Executive
Pal.labourlaws
Advocate And Labour Laws Consultant
+3 Others

I Am Jakesh Bhadnari is Labour Laws Are Applicable To Private School In India or MP. The minimum salary as per MP government should be Payable to teachers.
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Dear Jakesh,
Labour laws are applicable every where in india in a private sector, it is under state govt and central govt according to registration of company situation..
Please for better go through MP govt act.
Thanks
SCHOOL COMES UNDER THE SHOPS AND ESTABLISHMENT ACT OF THE RESPECTIVE STATE. SLIGHTLY DIFFERS FROM STATE TO STTATES IN MINIMUM SALARY, LEAVES, WORKING HOURS, ETC.
Jakesh,
Your query is correct, if schools comes under shops act then why they are not maintaing min wages to recently joined teachers..? whta about their compliance ..? so many questions are there
Experts may focus on this issue
Schools do not come under shop and establishments act as they are not shop or commercial establishment. that has been decided by many court cases. however, you need to check the shop and establishment act of your state to see whether it applies or not.
PF, ESIC, Gratuity Act applies to schools also
Minimum wages will apply if schools and education institutions have been listed under the schedule in your state and the minimum wages is notified for it.
However, the courts have declared that teachers are not employees or workers as defined by the law and therefore minimum wages, gratuity, etc do not apply to them. Please see the judgement in https://indiankanoon.org/doc/1407531/
Teachers are employees for the purpose of Payment of Gratuity Act by its amendmentin 2009.The case cited is prior to the amendment.
Dear Saswata Banerjee
Still some questions are in mind ,if they are not eligible for min wages , then how can they get PF /Gratuity at the retirement....? All Govt employees are getting this benefit.
Those schools having grant from Govt.They are paying as per their wages defined for teachers.
Dear All, It’s ok, but Non Teaching staff in school or college or other connected of education activites are applicable of M. W. Act. pl. noted.
Sir,
What you have pointed is absolutely right. M.W. Act is applicable to non-teaching staff. In Kerala, the government is planning to implement the same for the teachers also, i.e., in the sector of unaided schools.
statutory deductions and benefits like PF/ESI/Gratuity/Professional tax its all already applicable in private schools employees.
Dear Sir,
I am planning to open a pre-school at Trivandrum, so is there any registration required for opening a preschool, whether I need to register the preschool in Shop and Establishment? or Education department? etc
Please advise
Thanks
Siva
Trivandrum
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