dear all,
i have worked in a maharashtra govt aided school as a permanent teacher since june 1997.
i resigned from my job since 1st august 2011,my last working day being 31st july 2011.
my records have been excellent and clean and i have quit de job of my own free will.
my office staff tells me dat i m not entitled to any benifits frm de govt (including gratuity)as i am too young n may be able to work elsewhere.
right now i m planning to start up my own business venture and do not plan to work for anybody.
will someone please tell me if i am entitled to any benifits at all.
also if i am entitled to receive gratuity if any, wat are de govt.GRs dat will help
me get it
also how much time do i have to apply for de same
and how much gratuity am i eligible to get
thanks a ton!
will b grateful if some one helped at de earliest.
From India, Mumbai
i have worked in a maharashtra govt aided school as a permanent teacher since june 1997.
i resigned from my job since 1st august 2011,my last working day being 31st july 2011.
my records have been excellent and clean and i have quit de job of my own free will.
my office staff tells me dat i m not entitled to any benifits frm de govt (including gratuity)as i am too young n may be able to work elsewhere.
right now i m planning to start up my own business venture and do not plan to work for anybody.
will someone please tell me if i am entitled to any benifits at all.
also if i am entitled to receive gratuity if any, wat are de govt.GRs dat will help
me get it
also how much time do i have to apply for de same
and how much gratuity am i eligible to get
thanks a ton!
will b grateful if some one helped at de earliest.
From India, Mumbai
Dear Sapna
The Government Of India had amended the definition of the term "employee" as defined under section2(e) of the Payment of Gratuity Act and this amendment has come into force with effect from 3-4-1997. As a result of this amendment with effect from 3-4-1997 even teachers come within the definition of the term "employee" defined under section 2(e) of the Payment of Gratuity Act and are entitled to claim and get gratuity under this Act, provided the other conditions stipulated by the Act are complied with. As you resigned from the school on a day that is subsequent to 3-4-1997 you are entitled to get gratuity under the Payment of Gratuity Act, provided you comply with the other conditions contained in the Act for eligibility. Initially, you should send a notice in the prescribed form to the School asking them to pay gratuity. This has to be done within thirty days from the day on which you resigned. In case you are not able to make the claim within thirty days, then you can file the claim with the school giving the reasons for the delayed submission of the claim. Within thirty days of the receipt of your claim,the management of the school has to give a reply to you either accepting your claim or rejecting it. In case your claim is rejected by the school, you have to file a claim for gratuity before the Controlling Authority under the Payment of Gratuity Act. In case the school in which you worked is having branches in more than one State, then you have to file your claim before the controlling authority appointed by the Central Government. In case the school has no branches outside your State, then your claim for gratuity should be filed before the controlling authority appointed by the State Government. Information regarding the controlling authority could be obtaine from the local labour office or the office of the Commissioner of Labour of your State.
With regards
From India, Madras
169The Government Of India had amended the definition of the term "employee" as defined under section2(e) of the Payment of Gratuity Act and this amendment has come into force with effect from 3-4-1997. As a result of this amendment with effect from 3-4-1997 even teachers come within the definition of the term "employee" defined under section 2(e) of the Payment of Gratuity Act and are entitled to claim and get gratuity under this Act, provided the other conditions stipulated by the Act are complied with. As you resigned from the school on a day that is subsequent to 3-4-1997 you are entitled to get gratuity under the Payment of Gratuity Act, provided you comply with the other conditions contained in the Act for eligibility. Initially, you should send a notice in the prescribed form to the School asking them to pay gratuity. This has to be done within thirty days from the day on which you resigned. In case you are not able to make the claim within thirty days, then you can file the claim with the school giving the reasons for the delayed submission of the claim. Within thirty days of the receipt of your claim,the management of the school has to give a reply to you either accepting your claim or rejecting it. In case your claim is rejected by the school, you have to file a claim for gratuity before the Controlling Authority under the Payment of Gratuity Act. In case the school in which you worked is having branches in more than one State, then you have to file your claim before the controlling authority appointed by the Central Government. In case the school has no branches outside your State, then your claim for gratuity should be filed before the controlling authority appointed by the State Government. Information regarding the controlling authority could be obtaine from the local labour office or the office of the Commissioner of Labour of your State.
With regards
From India, Madras
dear mr.harikrishnan
thanks a ton for ur helpful reply,
i have contacted my school office for de prescribed form,but dey refuse to give me one, sayin dat i m not entitled to gratuity as i m not a private employee but a govt aided school employee governed by de govt of maharashtra rules.
dey have asked me to visit de pay unit in pune to confirm wat dey say,
all dis is wastin time as most offices dis month r closed for a lot of holidays,
so can i atleast give an application on a plain sheet of paper for claimin my gratuity n den go for de other nitty gritties lest i get delayed.
thanks once more.
with regards.
From India, Mumbai
thanks a ton for ur helpful reply,
i have contacted my school office for de prescribed form,but dey refuse to give me one, sayin dat i m not entitled to gratuity as i m not a private employee but a govt aided school employee governed by de govt of maharashtra rules.
dey have asked me to visit de pay unit in pune to confirm wat dey say,
all dis is wastin time as most offices dis month r closed for a lot of holidays,
so can i atleast give an application on a plain sheet of paper for claimin my gratuity n den go for de other nitty gritties lest i get delayed.
thanks once more.
with regards.
From India, Mumbai
Dear Ms.Sapna
Please confirm whether you are an employee of the Government or an employee of a government aided school. Both type of employments are different. Also please check and confirm whether you are entitled to gratuity according to the rules of the Government of Maharashtra. Meanwhile there is nothing wrong in giving an application in plain paper in the following format:
"To
(Here give the name of the school with full address)
Sir
I apply for gratuity to which I am entitled under sub section (1) of section 4 of the Payment of Gratuity Act1972 on account of my superannuation/retirement/resignation (strike out whichever is not applicable) after completion of not less than five years of continuous service. Necessary particulars relating to my appointment in your school are given in the statement below.
Statement
1.Name in full:
2.Address in full:
3.Department/Branch/Section where last employed: (Here give the location of the school in which you were last employed
4.Post held
5.Date of appointment
6.Date on which the employment came to an end and the reason for the same
7.Total period of service
8.Amount of wages last drawn
9.Amount of gratuity claimed
Payment may be made in cash/open or crossed cheque
Yours faithfully
Place
Date:
Send the application through registered post with acknowledgment due
Wishing you success
With regards
From India, Madras
Please confirm whether you are an employee of the Government or an employee of a government aided school. Both type of employments are different. Also please check and confirm whether you are entitled to gratuity according to the rules of the Government of Maharashtra. Meanwhile there is nothing wrong in giving an application in plain paper in the following format:
"To
(Here give the name of the school with full address)
Sir
I apply for gratuity to which I am entitled under sub section (1) of section 4 of the Payment of Gratuity Act1972 on account of my superannuation/retirement/resignation (strike out whichever is not applicable) after completion of not less than five years of continuous service. Necessary particulars relating to my appointment in your school are given in the statement below.
Statement
1.Name in full:
2.Address in full:
3.Department/Branch/Section where last employed: (Here give the location of the school in which you were last employed
4.Post held
5.Date of appointment
6.Date on which the employment came to an end and the reason for the same
7.Total period of service
8.Amount of wages last drawn
9.Amount of gratuity claimed
Payment may be made in cash/open or crossed cheque
Yours faithfully
Place
Date:
Send the application through registered post with acknowledgment due
Wishing you success
With regards
From India, Madras
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