Is there any law for not giving the gratuity after completing 5 years of service? My friend worked in a private reputed school in Delhi. She resigned from her job after completing 9 years of regular service.
Now the school management refuses to release her gratuity amount after 5 months of leaving. They gave the excuse of the 6th pay commission. They informed me that it is not necessary to pay gratuity and leave encashment in a private school. Is it possible?
If she wants to take legal action, then at what place/department should she file a complaint/suit? Can anyone advise me on this case?
From India, Delhi
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2Now the school management refuses to release her gratuity amount after 5 months of leaving. They gave the excuse of the 6th pay commission. They informed me that it is not necessary to pay gratuity and leave encashment in a private school. Is it possible?
If she wants to take legal action, then at what place/department should she file a complaint/suit? Can anyone advise me on this case?
From India, Delhi
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Pay Commission recommendations are not applicable to private schools, whereas the gratuity applicability of such establishments is governed by the Payment of Gratuity Act. However, till now, teachers are not eligible to receive gratuity. At the same time, all administrative staff and the Principal, who also perform some kind of administrative work in connection with the school, are eligible to receive gratuity at the same rate as applicable to employees of industrial and other establishments as per the provisions of the Payment of Gratuity Act.
However, a bill has been presented to amend the Payment of Gratuity Act, incorporating teachers under the definition of employees so that they would also become eligible to receive gratuity. I believe that this amendment has not yet become an Act. Therefore, I advise you to search for any notification regarding this matter, rather than focusing on the sixth pay commission.
Regards, Madhu.T.K
From India, Kannur
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However, a bill has been presented to amend the Payment of Gratuity Act, incorporating teachers under the definition of employees so that they would also become eligible to receive gratuity. I believe that this amendment has not yet become an Act. Therefore, I advise you to search for any notification regarding this matter, rather than focusing on the sixth pay commission.
Regards, Madhu.T.K
From India, Kannur
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Is there any other legal consultant who can advise/suggest on this matter that at what place she can file complaint.
From India, Delhi
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From India, Delhi
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The authority to hear matters connected with gratuity is the District Labour Officer. You can contact him for advice. As stated earlier, at present, teachers are not covered by the Payment of Gratuity. However, you can confirm this by consulting him.
Regards, Madhu.T.K
From India, Kannur
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Regards, Madhu.T.K
From India, Kannur
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Gratuity in Schools In Delhi: As per Chapter IV of the Delhi School Education Act 1973, Salaries of employees, scale of pay and allowances, medical facilities, pension, gratuity, provident fund, and other prescribed benefits of employees of recognized private schools shall not be less than those of employees of the corresponding status in schools run by the appropriate authority.
If schools are not implementing the above provisions, the Director of Education, Delhi can take action to withdraw recognition of the school. Concerned teachers can appeal to the Director of Education, Delhi and also can go to the Delhi School Tribunal.
IK ARORA
From India, Delhi
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If schools are not implementing the above provisions, the Director of Education, Delhi can take action to withdraw recognition of the school. Concerned teachers can appeal to the Director of Education, Delhi and also can go to the Delhi School Tribunal.
IK ARORA
From India, Delhi
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Really Good Information about Gratuity for teachers by our Cite-Hr Friends .If any body have the Supreme Court Notification/Order ,Please share in this form. That would be give more clarity to all.
From India, Hyderabad
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From India, Hyderabad
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The suggestion from the Supreme Court to include teachers for gratuity payment was considered by Parliament, and the bill to effect this change was passed on 18.12.2009. The definition of an employee was amended to include "to do any kind of work."
Bill attached
From India, Tiruchchirappalli
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Bill attached
From India, Tiruchchirappalli
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Dear friends,
Only a bill has been presented, and so far no amendment has taken place in the Gratuity Act enforcing the same in it. Yes, not only Delhi Education Rules, but the pertinent rules of almost all states have similar provisions that provide for gratuity to the "employees" employed in schools. What is interesting is that by employees, only employees employed in administrative functions like clerks, attendants, laboratory assistants, etc., are meant, but not teachers as they are engaged in a NOBLE PROFESSION.
Regards, Madhu.T.K
From India, Kannur
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Only a bill has been presented, and so far no amendment has taken place in the Gratuity Act enforcing the same in it. Yes, not only Delhi Education Rules, but the pertinent rules of almost all states have similar provisions that provide for gratuity to the "employees" employed in schools. What is interesting is that by employees, only employees employed in administrative functions like clerks, attendants, laboratory assistants, etc., are meant, but not teachers as they are engaged in a NOBLE PROFESSION.
Regards, Madhu.T.K
From India, Kannur
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If School is regularly paid off the Gratuity to the eligible teachers, then such rule apply to the school. Pl reply.
From India, Delhi
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From India, Delhi
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Dear Members,
By notification dated 31.12.2009, an employee has been included in the definition of the employee. As far as I remember, this notification was provided by one of the CiteHR members, which I am attaching here for the ready reference of other members. One of our authorities under The Payment of Gratuity Act, 1972, has also accepted this fact.
Regards,
R.N. Khola
From India, Delhi
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By notification dated 31.12.2009, an employee has been included in the definition of the employee. As far as I remember, this notification was provided by one of the CiteHR members, which I am attaching here for the ready reference of other members. One of our authorities under The Payment of Gratuity Act, 1972, has also accepted this fact.
Regards,
R.N. Khola
From India, Delhi
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