Good morning to all, I am working in a private English medium school as a clerk. I joined the institution in 2005 and will be resigning on 30th November 2021. I have given notice on 1st October 2021. My question is, can I apply for gratuity in the school, or is it only for the teachers and not for the office staff?
From India, Patna
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From India, Patna
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Dear Colleague,
As you are working as a "Clerk" in the school, you are entitled to gratuity provided your school employs 10 or more persons (kindly read below). If so, you may apply for gratuity.
Payment of Gratuity Act 1972:
Sec 1(3). Applicability: It shall apply to:
(a) every factory, mine, oil-field, plantation, port, and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
2(e) "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical, or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
Teachers' Entitlement to Gratuity:
Coming to your second aspect, there was no clarity on whether "Teachers" are employees under the Act, which was very well clarified by the Honorable Supreme Court of India in Birla Institute of Technology Vs. State of Jharkhand And Others [(2019) 4 SCC 513]. Thus, teachers as well as non-teaching staff are entitled to get gratuity.
The Birla Case thus clarifies the position in law that the amended definition of "employee" is extended to teachers employed in all educational institutions, and the said entitlement will be retrospectively effective from 03.04.1997.
Kindly refer to a good article on this subject matter following the below link:
https://www.barandbench.com/columns/...aching%20staff.
All the best and God Bless
Regards, Dr. P. SIVAKUMAR Doctor Siva Global HR Tamil Nadu
From India, Chennai
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321As you are working as a "Clerk" in the school, you are entitled to gratuity provided your school employs 10 or more persons (kindly read below). If so, you may apply for gratuity.
Payment of Gratuity Act 1972:
Sec 1(3). Applicability: It shall apply to:
(a) every factory, mine, oil-field, plantation, port, and railway company;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
2(e) "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical, or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
Teachers' Entitlement to Gratuity:
Coming to your second aspect, there was no clarity on whether "Teachers" are employees under the Act, which was very well clarified by the Honorable Supreme Court of India in Birla Institute of Technology Vs. State of Jharkhand And Others [(2019) 4 SCC 513]. Thus, teachers as well as non-teaching staff are entitled to get gratuity.
The Birla Case thus clarifies the position in law that the amended definition of "employee" is extended to teachers employed in all educational institutions, and the said entitlement will be retrospectively effective from 03.04.1997.
Kindly refer to a good article on this subject matter following the below link:
https://www.barandbench.com/columns/...aching%20staff.
All the best and God Bless
Regards, Dr. P. SIVAKUMAR Doctor Siva Global HR Tamil Nadu
From India, Chennai
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Hello, Employees who have completed five years in an organization with ten or more employees any day of the preceding twelve months meet gratuity eligibility.
Definition of Employee Under the Gratuity Act
The Gratuity Act clearly states that "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity.
Conditions for Denial of Gratuity Payment
So, you can be denied gratuity payment only if you ever caused damage or loss to any property during your service period.
Hope it helps.
From India, Noida
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Definition of Employee Under the Gratuity Act
The Gratuity Act clearly states that "employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity.
Conditions for Denial of Gratuity Payment
So, you can be denied gratuity payment only if you ever caused damage or loss to any property during your service period.
Hope it helps.
From India, Noida
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