Are Private School Teachers in MP Getting Their Due Under Labour Laws?

I am Jakesh Bhadnari. Labour laws are applicable to private schools in India or Madhya Pradesh (MP). The minimum salary as per the MP government should be payable to teachers.

Dear Jakesh,

Labour laws are applicable everywhere in India in the private sector. They fall under the jurisdiction of both state and central governments based on the company's registration situation. For more detailed information, please refer to the Madhya Pradesh government act.

Thanks

Schools come under the Shops and Establishment Act of the respective state. The regulations slightly differ from state to state in terms of minimum salary, leaves, working hours, etc.

Thank you!

Jakesh,

Your query is correct. If schools come under the Shops Act, then why are they not maintaining minimum wages for recently joined teachers? What about their compliance? So many questions are there.

Experts may focus on this issue.

Applicability of Labour Laws to Schools

Schools do not come under the Shops and Establishments Act as they are not shops or commercial establishments. This has been determined by many court cases. However, you need to check the Shops and Establishments Act of your state to see whether it applies or not.

Application of Other Acts

The Payment of Gratuity Act, Employees' State Insurance Corporation (ESIC), and Minimum Wages Act apply to schools as well. Minimum wages will apply if schools and educational institutions have been listed under the schedule in your state, and the minimum wage is notified for them.

Nevertheless, the courts have declared that teachers are not employees or workers as defined by the law. Therefore, minimum wages, gratuity, etc., do not apply to them. Please refer to the judgment at https://indiankanoon.org/doc/1407531/

Teachers are considered employees for the purpose of the Payment of Gratuity Act following its amendment in 2009. The case cited occurred before the amendment.

Dear Saswata Banerjee,

Still, some questions are in mind. If they are not eligible for minimum wages, then how can they get PF/Gratuity at the retirement? All government employees are getting this benefit. Those schools having grants from the government are paying as per the wages defined for teachers.

Dear All,

It's okay, but non-teaching staff in schools, colleges, or other educational institutions are covered under the Minimum Wages Act. Please take note.

Sir,

What you have pointed out is absolutely correct. The Minimum Wages Act is applicable to non-teaching staff. In Kerala, the government is planning to implement the same for teachers as well, specifically in the sector of unaided schools. Statutory deductions and benefits such as PF/ESI/Gratuity/Professional tax are already applicable to employees in private schools.

Thank you.