Hi,
My wife has joined an international school as a teacher for the Junior section. She was offered a salary of $12,000 per month. However, after her first month's salary, I noticed that they do not credit her salary through the bank; instead, it is given to her in hand with a deduction of 24%. They claim that a payslip cannot be provided, and they have not given her the PF number. Additionally, I did not receive any compensation letter along with the offer letter. Please suggest how to proceed with this situation.
Thank you.
Acknowledge(0)
Amend(0)
My wife has joined an international school as a teacher for the Junior section. She was offered a salary of $12,000 per month. However, after her first month's salary, I noticed that they do not credit her salary through the bank; instead, it is given to her in hand with a deduction of 24%. They claim that a payslip cannot be provided, and they have not given her the PF number. Additionally, I did not receive any compensation letter along with the offer letter. Please suggest how to proceed with this situation.
Thank you.
Acknowledge(0)Amend(0)
The Reality of "International" Schools in India
This is how about 95% of "International" Schools function in India. They are neither international by curriculum nor by administration. How can you describe these schools as International Schools? They may have English-speaking teachers, and there may be a system where no student is permitted to speak Hindi or the local language. The fees they charge might be equivalent to those charged abroad. However, there is often no system for the recruitment of faculty, the fixation of salaries, or the payment of salaries. In most cases, the only criterion is that the person should be good at speaking English and should come from a wealthy family so that they do not demand much or engage in collective bargaining.
Understanding the Salary Situation
Coming to the situation, the basic thing to consider is whether the state where this school is located has any minimum wages (salary) fixed for private unaided schools. If no such notification exists, you cannot demand a fair salary. Again, in the absence of an appointment order clearly showing the compensation, we cannot claim that we are underpaid. Now, if there has been a verbal agreement that the salary would be Rs 12,000 and there happens to be a deduction of 24%, then it should be a PF contribution from both the employee and the employer. That is illegal and can be addressed. But what would be the end result? You will receive a termination letter, and they will hire another person for a Rs 10,000 salary. This is because this is the only industry, I feel, where we can get labor (skilled and noble labor) for even less than Rs 5,000 per month.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(2)
Amend(0)
4526This is how about 95% of "International" Schools function in India. They are neither international by curriculum nor by administration. How can you describe these schools as International Schools? They may have English-speaking teachers, and there may be a system where no student is permitted to speak Hindi or the local language. The fees they charge might be equivalent to those charged abroad. However, there is often no system for the recruitment of faculty, the fixation of salaries, or the payment of salaries. In most cases, the only criterion is that the person should be good at speaking English and should come from a wealthy family so that they do not demand much or engage in collective bargaining.
Understanding the Salary Situation
Coming to the situation, the basic thing to consider is whether the state where this school is located has any minimum wages (salary) fixed for private unaided schools. If no such notification exists, you cannot demand a fair salary. Again, in the absence of an appointment order clearly showing the compensation, we cannot claim that we are underpaid. Now, if there has been a verbal agreement that the salary would be Rs 12,000 and there happens to be a deduction of 24%, then it should be a PF contribution from both the employee and the employer. That is illegal and can be addressed. But what would be the end result? You will receive a termination letter, and they will hire another person for a Rs 10,000 salary. This is because this is the only industry, I feel, where we can get labor (skilled and noble labor) for even less than Rs 5,000 per month.
Regards,
Madhu.T.K
From India, Kannur
Acknowledge(2)Amend(0)
Compliance with the Shops & Establishments Act for International Schools
International schools, often categorized under the Shops & Establishments Act, are required to comply with certain regulations. They must implement the Provident Fund (PF) from the first day of employment. The issue at hand is not the deduction of 24% from a 12K salary, as they can refer to the 12K as the Cost to the Company (CTC). The current legal concern is that, under the Shops & Establishments Act, these schools must provide an Appointment Letter (Form-Q in some states) and a monthly payslip to all employees.
These school administrations have violated these two requirements. You can approach the Local District Labour Inspector in your district with proof of employment, such as a photograph of the attendance register, to file a complaint.
From India, Hyderabad
Acknowledge(0)Amend(0)
International schools, often categorized under the Shops & Establishments Act, are required to comply with certain regulations. They must implement the Provident Fund (PF) from the first day of employment. The issue at hand is not the deduction of 24% from a 12K salary, as they can refer to the 12K as the Cost to the Company (CTC). The current legal concern is that, under the Shops & Establishments Act, these schools must provide an Appointment Letter (Form-Q in some states) and a monthly payslip to all employees.
These school administrations have violated these two requirements. You can approach the Local District Labour Inspector in your district with proof of employment, such as a photograph of the attendance register, to file a complaint.
From India, Hyderabad
Acknowledge(0)Amend(0)
Navigating Legal Obligations in School Management
The issue with school management may not be ignorance regarding the application of the law but rather how to navigate these laws. I recall when the ESI scheme was extended to schools affiliated with CBSE in Kerala. The managements of these schools contested the decision of the Government of Kerala (as the authority enforcing the ESI Act). They argued that they fall under the control of the Central Board of Secondary Education and questioned whether the service rules for employees should align with their directives. I am unsure if there are any service rules applicable to those employed in such schools as outlined in the CBSE norms. However, the Court ruled that the Board should oversee the academic aspect only, not the service conditions of teachers. Hence, the Government's decision to apply the ESI scheme to employees of these schools stands binding on CBSE-affiliated schools. Similarly, PF and other labor laws are equally enforceable in these schools.
Even gratuity payment, which was previously unavailable to teachers (only administrative staff were entitled to gratuity), was extended to teachers following a Supreme Court ruling that recognized teaching as a 'noble profession.' This change was achieved through an amendment to the Payment of Gratuity Act, applied retrospectively. It seems unlikely that the management of such lucrative businesses in India remains unaware of these regulations. They may perceive their situation as acceptable due to the abundance of labor supply, the perceived nobility of the profession, and the respect accorded to teachers, enabling favorable bargaining conditions. Consequently, teachers often find themselves underpaid and face delays in receiving their wages from the so-called Managers, even in states like Kerala where labor law enforcement is relatively advanced.
In an international school setting, teachers might not need to scrutinize their salary components and could potentially receive more respect from the 'Managers.' While there may be opportunities to rectify these irregularities, ultimately, the employees bear the brunt as the labor supply remains high, allowing management to easily find replacements at lower rates. Therefore, before pursuing legal action against such management, it is crucial to consider the implications carefully and approach the Labor Department only if confident that the Officer is not aligned with the management's interests.
Regards, Madhu.T.K
From India, Kannur
Acknowledge(2)Amend(0)
The issue with school management may not be ignorance regarding the application of the law but rather how to navigate these laws. I recall when the ESI scheme was extended to schools affiliated with CBSE in Kerala. The managements of these schools contested the decision of the Government of Kerala (as the authority enforcing the ESI Act). They argued that they fall under the control of the Central Board of Secondary Education and questioned whether the service rules for employees should align with their directives. I am unsure if there are any service rules applicable to those employed in such schools as outlined in the CBSE norms. However, the Court ruled that the Board should oversee the academic aspect only, not the service conditions of teachers. Hence, the Government's decision to apply the ESI scheme to employees of these schools stands binding on CBSE-affiliated schools. Similarly, PF and other labor laws are equally enforceable in these schools.
Even gratuity payment, which was previously unavailable to teachers (only administrative staff were entitled to gratuity), was extended to teachers following a Supreme Court ruling that recognized teaching as a 'noble profession.' This change was achieved through an amendment to the Payment of Gratuity Act, applied retrospectively. It seems unlikely that the management of such lucrative businesses in India remains unaware of these regulations. They may perceive their situation as acceptable due to the abundance of labor supply, the perceived nobility of the profession, and the respect accorded to teachers, enabling favorable bargaining conditions. Consequently, teachers often find themselves underpaid and face delays in receiving their wages from the so-called Managers, even in states like Kerala where labor law enforcement is relatively advanced.
In an international school setting, teachers might not need to scrutinize their salary components and could potentially receive more respect from the 'Managers.' While there may be opportunities to rectify these irregularities, ultimately, the employees bear the brunt as the labor supply remains high, allowing management to easily find replacements at lower rates. Therefore, before pursuing legal action against such management, it is crucial to consider the implications carefully and approach the Labor Department only if confident that the Officer is not aligned with the management's interests.
Regards, Madhu.T.K
From India, Kannur
Acknowledge(2)Amend(0)
I hope the salary fixed consists of all benefits (CTC). That is why they deducted employee as well as employer contributions of 24% from the salary. You should have asked for clarification while fixing the salary. It is not wrong at all. Nowadays, all the employers are fixing salaries like this. Anyhow, please get clarification from the management on whether it was wrongly deducted or as I explained.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Challenges Faced by Female Employees in Availing Labor Law Benefits
As discussed by Madhu Ji above, it is well known that obtaining benefits under various labor laws in this country is very difficult, especially for female employees. On this platform, many times, women employees who want to avail maternity benefits explain how their services were terminated by employers upon hearing that they would claim maternity benefits. A female relative of one of my friends did not claim maternity benefits because the school where she is employed is an English medium school, and she was warned against claiming such benefits.
Ensuring Job Security and Benefits for Women Employees
The issue to be examined under these circumstances is how a woman employee can save her job and also get the benefits to which she is entitled as per labor laws. The Labor Department, I think, will hardly come to the rescue of a woman employee who is neither given an appointment letter nor provided with any terms and conditions of employment in written form.
From India, Noida
Acknowledge(0)Amend(0)
As discussed by Madhu Ji above, it is well known that obtaining benefits under various labor laws in this country is very difficult, especially for female employees. On this platform, many times, women employees who want to avail maternity benefits explain how their services were terminated by employers upon hearing that they would claim maternity benefits. A female relative of one of my friends did not claim maternity benefits because the school where she is employed is an English medium school, and she was warned against claiming such benefits.
Ensuring Job Security and Benefits for Women Employees
The issue to be examined under these circumstances is how a woman employee can save her job and also get the benefits to which she is entitled as per labor laws. The Labor Department, I think, will hardly come to the rescue of a woman employee who is neither given an appointment letter nor provided with any terms and conditions of employment in written form.
From India, Noida
Acknowledge(0)Amend(0)
Salary Details and Employer Obligations
What was the exact amount of your wife's salary? Was it Rs. 12,000/- per month in hand or after deductions, or was it calculated as CTC? Please note that the salary cannot be reduced at the whims of the employer, whether it is bank deposited or paid in cash. The employer cannot deduct the employer's share of PF from the salary either.
Keep asking for the payslip and PF number (in writing so that it can be proved later) from the authorities of the school. If they don't provide the details of the PF, you can consider approaching the PF commissioner.
From India, Kolkata
Acknowledge(0)Amend(0)
What was the exact amount of your wife's salary? Was it Rs. 12,000/- per month in hand or after deductions, or was it calculated as CTC? Please note that the salary cannot be reduced at the whims of the employer, whether it is bank deposited or paid in cash. The employer cannot deduct the employer's share of PF from the salary either.
Keep asking for the payslip and PF number (in writing so that it can be proved later) from the authorities of the school. If they don't provide the details of the PF, you can consider approaching the PF commissioner.
From India, Kolkata
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
TAMIMI LAbor LAw.pdf