Dear Miss. Smita,
You have not mentioned the nature of your project work. Whether any construction work is going on ? Therefore, you are advised to go through section 1 of the P G Act, 1972 on applicability.
With Regards,
R.N.Khola
From India, Delhi
363You have not mentioned the nature of your project work. Whether any construction work is going on ? Therefore, you are advised to go through section 1 of the P G Act, 1972 on applicability.
With Regards,
R.N.Khola
From India, Delhi
Sir,
The project is to set up a Plant which will produce Iron rods and the particular employee is in Civil Department. Though few of the project has been completed but the opertion is not yet started full fledge.
Please reply
From India, Guwahati
The project is to set up a Plant which will produce Iron rods and the particular employee is in Civil Department. Though few of the project has been completed but the opertion is not yet started full fledge.
Please reply
From India, Guwahati
Dear Smita,
After going through section 1(3) of the Payment of Gratuity Act, 1972 it does not seems to be covered under this Act.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
After going through section 1(3) of the Payment of Gratuity Act, 1972 it does not seems to be covered under this Act.
Opinion/ comments submitted as requested.
With Regards,
R.N.Khola
From India, Delhi
Hi Gopalanis
Section 2 (e) ( Maharastra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 - Sec.2(17) amd (26)- The definition of "Employee" under Section 2(e) of the Act, includes and covers in its compass the class of teachers employed in an establishment of a school and therefore entitled to the benefits of payment of gratuity.
Maharastra Employees of Private Schools ( Conditions of Service Regulations) Act, 1977 is a special statute for the benefit of the school employees, School managemetn, the society and the standard of education.
The Provisions of MEPS Act will have to be simultaneously read with the provisions of the Payment of Gratuity Act, as mutually supplemental to each other to achieve the object of the enactments and the constitutional goal mandated in Chapter 4 of the Schools Act. Therefore, it was held that the Payment of Gratuity Act applies to all employees and teachers of the recognized schools governed by the State Act. The respondent - teachers were held entitled to receive their gratuity from the petitioners accordingly.
Case: General Education Academy, Chembur, Mumbai- V - Sudha Vasudeo Desai and others. 2001 (11) L.L.J. 273 (BOM).
AT THE SAME TIME THE UNDER GIVEN CASE JUDGEMENTS SAY TEACHERS ARE NOT ENTITLED FOR GRATUITY BENEFITS AS THEY ARE NOT EMPLOYEES.
1_) Section 2(e) - Educational Institutions also employ persons other than teachers. Section 4 of the Act requires payment of gratuity of an "employee" and unless a person is an "employee", as per the definition contained in Section 2(i), he can have no claim for gratuity. The respondents - retired teachers (not being such employees) were held not entitled to claim gratuity under the Gratuity Act. CASE PRONOUNCED " H.E. Education Socierty , Barkheda. Bhopal - V - Appellate Authority under Payment of Gratuity Act and Another, (2001) 1. L.L.J. 691 (M.P).
2) Section 2(e) of Gratuity Act _ The authority below was held to have exceeded its jurisdiction in conferring the benefit of the ACt to a teacher although such teacher cannot be said to be an employee within the meaning of the Act. A teacher educates children, he moulds their character, builds up their personality and makes them fit to become responsible citizens. Thus a teacher cannot be termed as an employee. CASE HELD " Seth Soorajmal Jalan Balika Vidyalaya (Secondary School) and Another - V - Controlling Authority and others. ( 2001) I. L.L.J. 1249 (Cal).
I suggest you to kindly go through your respective State Act to understand whether an provision is given to schools teacher to get gratuity benefits.
Mohan Rao
Manager HR
From India, Visakhapatnam
Section 2 (e) ( Maharastra Employees of Private Schools (Conditions of Service) Regulations Act, 1977 - Sec.2(17) amd (26)- The definition of "Employee" under Section 2(e) of the Act, includes and covers in its compass the class of teachers employed in an establishment of a school and therefore entitled to the benefits of payment of gratuity.
Maharastra Employees of Private Schools ( Conditions of Service Regulations) Act, 1977 is a special statute for the benefit of the school employees, School managemetn, the society and the standard of education.
The Provisions of MEPS Act will have to be simultaneously read with the provisions of the Payment of Gratuity Act, as mutually supplemental to each other to achieve the object of the enactments and the constitutional goal mandated in Chapter 4 of the Schools Act. Therefore, it was held that the Payment of Gratuity Act applies to all employees and teachers of the recognized schools governed by the State Act. The respondent - teachers were held entitled to receive their gratuity from the petitioners accordingly.
Case: General Education Academy, Chembur, Mumbai- V - Sudha Vasudeo Desai and others. 2001 (11) L.L.J. 273 (BOM).
AT THE SAME TIME THE UNDER GIVEN CASE JUDGEMENTS SAY TEACHERS ARE NOT ENTITLED FOR GRATUITY BENEFITS AS THEY ARE NOT EMPLOYEES.
1_) Section 2(e) - Educational Institutions also employ persons other than teachers. Section 4 of the Act requires payment of gratuity of an "employee" and unless a person is an "employee", as per the definition contained in Section 2(i), he can have no claim for gratuity. The respondents - retired teachers (not being such employees) were held not entitled to claim gratuity under the Gratuity Act. CASE PRONOUNCED " H.E. Education Socierty , Barkheda. Bhopal - V - Appellate Authority under Payment of Gratuity Act and Another, (2001) 1. L.L.J. 691 (M.P).
2) Section 2(e) of Gratuity Act _ The authority below was held to have exceeded its jurisdiction in conferring the benefit of the ACt to a teacher although such teacher cannot be said to be an employee within the meaning of the Act. A teacher educates children, he moulds their character, builds up their personality and makes them fit to become responsible citizens. Thus a teacher cannot be termed as an employee. CASE HELD " Seth Soorajmal Jalan Balika Vidyalaya (Secondary School) and Another - V - Controlling Authority and others. ( 2001) I. L.L.J. 1249 (Cal).
I suggest you to kindly go through your respective State Act to understand whether an provision is given to schools teacher to get gratuity benefits.
Mohan Rao
Manager HR
From India, Visakhapatnam
Hi All,
I have a questions. I am working in a software firm. One of our employee worked with India office for 2 yrs, was sent on H1 B to US office for 2 yrs rejoined India office to work for 1.5 yrs. Is this employee eligible for gratuity?
Thank you
Sirisha
From India, Hyderabad
I have a questions. I am working in a software firm. One of our employee worked with India office for 2 yrs, was sent on H1 B to US office for 2 yrs rejoined India office to work for 1.5 yrs. Is this employee eligible for gratuity?
Thank you
Sirisha
From India, Hyderabad
Dear Sirisha,
If the employer have worked with the same employer for five years or more continuously with out any break in service/ with out taking any full & final in between the service period as per section 2A of the P G Act, 1972 then he is eligible to have gratuity from the employer.
With Regards,
R.N.Khola
From India, Delhi
If the employer have worked with the same employer for five years or more continuously with out any break in service/ with out taking any full & final in between the service period as per section 2A of the P G Act, 1972 then he is eligible to have gratuity from the employer.
With Regards,
R.N.Khola
From India, Delhi