Can I Claim Gratuity and Leave Encashment After Signing a Waiver? Seeking Advice on Legal Options

Hi, I have worked in a CBSE-affiliated private school in Faridabad for seven years and three months. They did not provide me with maternity leave, so I resigned. Now, I am inquiring about gratuity, but they are refusing to give it. They had me sign papers stating that they would not pay gratuity, bonus, and earned leave. I am wondering if it is possible to receive gratuity and encashment for earned leave. Can I file a case under the Maternity Act as well? I left the school on August 8, 2014, and my baby was born on November 19, 2014. How soon can I apply? Please advise.

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 school refuses to follow the laid-down law on Maternity, Gratuity, etc.

You are legally entitled to 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 overdue for payments. Just go ahead and meet the local educational authorities with your problem. Put everything in writing and obtain acknowledgment.

It is really very sad on the part of the school. The education field is where we are supposed to learn the values of ethical, economical, social, and patriotic aspects. Such institutions are overruling the mandatory laws. You must mention the name of the school in the discussion so that if anyone from the school sees the topic, they will bring it to the management's attention.

Steps to Address the Issue

First of all, try to discuss the matter with mutual understanding. If they don't agree to that, then please visit the nearby Labour Office (in which jurisdiction the school area falls). The designated authority will definitely help you with both claims - Maternity and Gratuity. Also, note that if the school has 20 or more employees on the roll, there must be PF-ESI/Medical facilities (the school may not be covered under those statutes).

I hope this helps you address the situation effectively.

Best regards

All employees are eligible for statutory benefits as per the prevailing laws of the country. They can't deny the maternity benefits unless there is a specific agreement between the employer and employee that maternity benefits will be restricted to the first two children only. For claiming maternity benefits and gratuity, you can file a petition before the Commissioner of Labour in your area and mark a copy to your institution by Registered Post with Acknowledgement due.

Legally, you are entitled to gratuity. The school is not a shop or commercial establishment. Hence, the Bonus Act and Maternity Benefit Acts are not applicable to it.

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.

Thank you, everyone, for your advice. I was receiving EPF and ESI benefits, so I am aware that all rules apply to them. However, they deceive everyone. I want my job back; is there anything I can do about that? I have provided them with legal papers for gratuity, and they have agreed to provide it but are taking their time. However, they are refusing to provide EL benefits. Is there any applicable act for this as well, which I can refer to?

I know if I take the help of a 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 maternity leave, but I want back my job which they promised verbally.

You want a mutual solution. But what is the thought process of the school? Talk to the school and see. If you take a legal approach, then the school will be forced to pay all legal dues, but whether they take you back or not is open to question. There is absolutely no harm in discussing matters with the school. Then you can decide the approach – legal, District Education Officer, etc.

You have received valid and actionable suggestions to handle your maternity leave (ML) and gratuity. However, I would suggest that you not combine the ML/Gratuity issue with your desire to rejoin the job. Look at it this way: Regardless of whether you need to pursue legal action or not, I am sure you also realize that your ML/Gratuity dues won't come without some heated discussions or interventions. When such a situation arises, do you think your job, if and when you rejoin, would proceed smoothly? Now that you also have a baby to take care of.

It's human nature to prefer the "known comfort zones" in life based on past experiences. However, often, future possibilities tend to be overlooked when making choices that will affect the future.

Based on what you have mentioned and what other members have suggested, I believe a more realistic approach would be to get your dues from this school but consider joining another school that aligns better with your personal needs.

This approach also offers another psychological advantage. As long as you entertain the idea that you may or want to return to this school, your mental state while dealing with the ML/Gratuity issues could be influenced by this expectation. By separating this aspect from the other issues, you may discover multiple options opening up for you. Give it a try.

All the best.

Regards,
TS