This is Bharti.. I've just join this forum.. i've few requests to make.. I worked as a teacher in kindergarten section of full fledge SSC school for 20 yrs.. 1988-2008. i resigned from my job with couple of other collegues. one completed about 7 yrs as a clerck in school and the other about 8 yrs as a KG teacher. friends of mine have posted them a request along with the copy of Gratuity act but theres no response from the management of the school. verbally we get the massage that act does not show the word school is liable to pay gratuity. it seem if u resign from the job u resign from incentives.. we dont find any way out of this but to forgo our rights.. can any one pl. help
From India, Mumbai
From India, Mumbai
Dear Paresh Bhai..
Could you pl. reply to my queiry.. Given to understand the Gratuity Act 1972.. person working in railways, shops , factories, mines etc etc are eligible for gratuity after completing min 5yrs of service. I worked in a school in kindergarten section over 20 years,I resigned from the post of teacher and my principal argues there is now word of school mentioned in an act so I'm not eligible for the same. Though my collegues who resigned got their gratuities, but to me she says it was a mistake made earlier so the management is not going to repeat the mistake again by releasing my gratuity. Also She argues on the point saying if u have resigned , you have resigned from your incentives..how far is the possibility of me getting my gratuity.. if you could help me I'll be obliged.. also if you could reply to me on
I'll appreciate.. Kindly help me to get my dues.
From India, Mumbai
Could you pl. reply to my queiry.. Given to understand the Gratuity Act 1972.. person working in railways, shops , factories, mines etc etc are eligible for gratuity after completing min 5yrs of service. I worked in a school in kindergarten section over 20 years,I resigned from the post of teacher and my principal argues there is now word of school mentioned in an act so I'm not eligible for the same. Though my collegues who resigned got their gratuities, but to me she says it was a mistake made earlier so the management is not going to repeat the mistake again by releasing my gratuity. Also She argues on the point saying if u have resigned , you have resigned from your incentives..how far is the possibility of me getting my gratuity.. if you could help me I'll be obliged.. also if you could reply to me on
From India, Mumbai
Dear
It is hereby informed that teacher is not an employee according to the definition as laid down under section 2(e) of the Payment of Gratuity Act,1972 & therefore you are not entitled to any amount of gratuity under this Act.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
363It is hereby informed that teacher is not an employee according to the definition as laid down under section 2(e) of the Payment of Gratuity Act,1972 & therefore you are not entitled to any amount of gratuity under this Act.
Regards,
R.N.Khola
(Labour Law & Legal Consultants)
09810405361
From India, Delhi
Dear Mr. Cyril / Arun/ Paresh
Your qoutes are very good and useful. I would like to get clarification about some more points.
1. It is understood that if we employ contract persons continuously for 5 years, they shall become eligible for gratuity. But what if they are served with contract termination letters every year ( ie; on completion of 12 months).
It is been noticed that certain organisations engage persons on contract for only 11 months. But these 11 months also cross the 240 days criteria. Then is there any use of restricting the contract to 11 months? Also will it work if a break in service is given for 2 or 3 days?
2. Some companies have a practice of engaging people for 6 months then give a break of 3 days( 3 days they are not allowed to work) and then they are taken back and will work for 1 year . I think this will surely prevent eligibility of gratuity. In this case they engage people only for 4 years. Since they are restricting the total years to 4 , we need to think that even if the contract is of 6 months completion of 5 years is areal matter. am I correct?
In such cases is it necessary to issue contract letters or attendance registers alone is enough to prove that employees are not in continuous service of 1 year?
3. Another point is that in case of death or disablement of an employee, 5 years continuous service is not necessary. Then what is the minimum requirement? Shouldn't he complete 1 year continuous service?
Also could any of you cite any court orders of the case ( court direction to pay gratuity to contract employee) which Mr. Cyril has mentioned.
Thank You,
Seema T.K.
Your qoutes are very good and useful. I would like to get clarification about some more points.
1. It is understood that if we employ contract persons continuously for 5 years, they shall become eligible for gratuity. But what if they are served with contract termination letters every year ( ie; on completion of 12 months).
It is been noticed that certain organisations engage persons on contract for only 11 months. But these 11 months also cross the 240 days criteria. Then is there any use of restricting the contract to 11 months? Also will it work if a break in service is given for 2 or 3 days?
2. Some companies have a practice of engaging people for 6 months then give a break of 3 days( 3 days they are not allowed to work) and then they are taken back and will work for 1 year . I think this will surely prevent eligibility of gratuity. In this case they engage people only for 4 years. Since they are restricting the total years to 4 , we need to think that even if the contract is of 6 months completion of 5 years is areal matter. am I correct?
In such cases is it necessary to issue contract letters or attendance registers alone is enough to prove that employees are not in continuous service of 1 year?
3. Another point is that in case of death or disablement of an employee, 5 years continuous service is not necessary. Then what is the minimum requirement? Shouldn't he complete 1 year continuous service?
Also could any of you cite any court orders of the case ( court direction to pay gratuity to contract employee) which Mr. Cyril has mentioned.
Thank You,
Seema T.K.
Dear Mr. Cyril / Arun/ Paresh
Your qoutes are very good and useful. I would like to get clarification about some more points.
1. It is understood that if we employ contract persons continuously for 5 years, they shall become eligible for gratuity. But what if they are served with contract termination letters every year ( ie; on completion of 12 months).
It is been noticed that certain organisations engage persons on contract for only 11 months. But these 11 months also cross the 240 days criteria. Then is there any use of restricting the contract to 11 months? Also will it work if a break in service is given for 2 or 3 days?
2. Some companies have a practice of engaging people for 6 months then give a break of 3 days( 3 days they are not allowed to work) and then they are taken back and will work for 1 year . I think this will surely prevent eligibility of gratuity. In this case they engage people only for 4 years. Since they are restricting the total years to 4 , we need to think that even if the contract is of 6 months completion of 5 years is areal matter. am I correct?
In such cases is it necessary to issue contract letters or attendance registers alone is enough to prove that employees are not in continuous service of 1 year?
3. Another point is that in case of death or disablement of an employee, 5 years continuous service is not necessary. Then what is the minimum requirement? Shouldn't he complete 1 year continuous service?
Also could any of you cite any court orders of the case ( court direction to pay gratuity to contract employee) which Mr. Cyril has mentioned.
Thank You,
Seema T.K.
Your qoutes are very good and useful. I would like to get clarification about some more points.
1. It is understood that if we employ contract persons continuously for 5 years, they shall become eligible for gratuity. But what if they are served with contract termination letters every year ( ie; on completion of 12 months).
It is been noticed that certain organisations engage persons on contract for only 11 months. But these 11 months also cross the 240 days criteria. Then is there any use of restricting the contract to 11 months? Also will it work if a break in service is given for 2 or 3 days?
2. Some companies have a practice of engaging people for 6 months then give a break of 3 days( 3 days they are not allowed to work) and then they are taken back and will work for 1 year . I think this will surely prevent eligibility of gratuity. In this case they engage people only for 4 years. Since they are restricting the total years to 4 , we need to think that even if the contract is of 6 months completion of 5 years is areal matter. am I correct?
In such cases is it necessary to issue contract letters or attendance registers alone is enough to prove that employees are not in continuous service of 1 year?
3. Another point is that in case of death or disablement of an employee, 5 years continuous service is not necessary. Then what is the minimum requirement? Shouldn't he complete 1 year continuous service?
Also could any of you cite any court orders of the case ( court direction to pay gratuity to contract employee) which Mr. Cyril has mentioned.
Thank You,
Seema T.K.
4. PAYMENT OF GRATUITY.- (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, - (a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned : Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account :
From India, Hyderabad
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :
Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.
Explanation : For the purposes of this section, disablement means such disablement as incapacitates an employee for the work which he was capable of performing before the accident or disease resulting in such disablement.
(2) For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days' wages based on the rate of wages last drawn by the employee concerned : Provided that in the case of a piece-rated employee, daily wages shall be computed on the average of the total wages received by him for a period of three months immediately preceding the termination of his employment, and, for this purpose, the wages paid for any overtime work shall not be taken into account :
From India, Hyderabad
Dear Mr. Bobby
I'm Bharti. I've been hearing various suggestions on gratuity laws pl. do u know anyone who could suggest or guide me correctly if teachers are entitled for gratuity or no... Going through various sites ,sometime i understand that Law has been revised and teachers are entitled for gratuity.. But my principal refused to pay me saying I've resigned after 20 yrs of service and that shes not bound to pay me. i served her legal notice but still she refused to pay..what are the possibilities of me getting gratuity..
From India, Mumbai
I'm Bharti. I've been hearing various suggestions on gratuity laws pl. do u know anyone who could suggest or guide me correctly if teachers are entitled for gratuity or no... Going through various sites ,sometime i understand that Law has been revised and teachers are entitled for gratuity.. But my principal refused to pay me saying I've resigned after 20 yrs of service and that shes not bound to pay me. i served her legal notice but still she refused to pay..what are the possibilities of me getting gratuity..
From India, Mumbai
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