Dear Friends
My wife had recently resigned her job as a teacher in a private school in Delhi on health grounds after putting in 7+ years of continous service. She was categorically told by the School Management that she is not entitled to any Gratuity, citing some Directorate of Education directive which qoutes some para under CCS (Pensions) rules, and the fact that Teachers are not "employees" under the Labour Law.
Can somebody guide, for the benefit of all teachers, on the following points - with relevant authority that can be referred to either in a book, internet or through an attachement in this forum.?
1. Are teachers of Pvt unaided Schools, entitled to Gratuity ?
2. HC Ahemadabad had issued some order on the "employee" status of teachers due to which they were excluded from the provisions of Gratuity. What were the salient features of this order?
3. Later, SC had stayed this order pending Parliamentary discussion on the subject to make Gratuity applicable to all teachers. When was this and what is the reference of this order. Can it be referred to and can somebody post the relevant stay order on this forum.
Needless to say, virtually all Private School Teachers are lacking adequate and concrete knowledge of rule position on this important aspect. A discussion on this subject would greatly benefit all of them.
From India, Bangalore
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My wife had recently resigned her job as a teacher in a private school in Delhi on health grounds after putting in 7+ years of continous service. She was categorically told by the School Management that she is not entitled to any Gratuity, citing some Directorate of Education directive which qoutes some para under CCS (Pensions) rules, and the fact that Teachers are not "employees" under the Labour Law.
Can somebody guide, for the benefit of all teachers, on the following points - with relevant authority that can be referred to either in a book, internet or through an attachement in this forum.?
1. Are teachers of Pvt unaided Schools, entitled to Gratuity ?
2. HC Ahemadabad had issued some order on the "employee" status of teachers due to which they were excluded from the provisions of Gratuity. What were the salient features of this order?
3. Later, SC had stayed this order pending Parliamentary discussion on the subject to make Gratuity applicable to all teachers. When was this and what is the reference of this order. Can it be referred to and can somebody post the relevant stay order on this forum.
Needless to say, virtually all Private School Teachers are lacking adequate and concrete knowledge of rule position on this important aspect. A discussion on this subject would greatly benefit all of them.
From India, Bangalore
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In this year gratuity rules are amended. Teachers are eligible for gratuity. However please find on google "Payment of Gratuity Act 2009. Vishnukant
From India, Mumbai
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From India, Mumbai
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[QUOTE=advaj;933720]Dear Friends
reply-private school teachers arenow eligible for payment of grati uty
My wife had recently resigned her job as a teacher in a private w.e.f 1st april1997.those teachers who have not received they should request to school management to pay gratiuty as per amenmendmade in gratiuty act2009.if not given positive response aproach to labour court for direction to school management as per provision made by adding sec13a inactas well amending definition pf employee for payment of gratiuty purpose.
Can somebody guide, for the benefit of all teachers, on the following points - with relevant authority that can be referred to either in a book, internet or through an attachement in this forum.?
1. Are teachers of Pvt unaided Schools, entitled to Gratuity ?
2. HC Ahemadabad had issued some order on the "employee" status of teachers due to which they were excluded from the provisions of Gratuity. What were the salient features of this order?
3. Later, SC had stayed this order pending Parliamentary discussion on the subject to make Gratuity applicable to all teachers. When was this and what is the reference of this order. Can it be referred to and can somebody post the relevant stay order on this forum.
Needless to say, virtually all Private School Teachers are lacking adequate and concrete knowledge of rule position on this important aspect. A discussion on this subject would greatly benefit all of them.[/QUO
From India, Bhopal
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2reply-private school teachers arenow eligible for payment of grati uty
My wife had recently resigned her job as a teacher in a private w.e.f 1st april1997.those teachers who have not received they should request to school management to pay gratiuty as per amenmendmade in gratiuty act2009.if not given positive response aproach to labour court for direction to school management as per provision made by adding sec13a inactas well amending definition pf employee for payment of gratiuty purpose.
Can somebody guide, for the benefit of all teachers, on the following points - with relevant authority that can be referred to either in a book, internet or through an attachement in this forum.?
1. Are teachers of Pvt unaided Schools, entitled to Gratuity ?
2. HC Ahemadabad had issued some order on the "employee" status of teachers due to which they were excluded from the provisions of Gratuity. What were the salient features of this order?
3. Later, SC had stayed this order pending Parliamentary discussion on the subject to make Gratuity applicable to all teachers. When was this and what is the reference of this order. Can it be referred to and can somebody post the relevant stay order on this forum.
Needless to say, virtually all Private School Teachers are lacking adequate and concrete knowledge of rule position on this important aspect. A discussion on this subject would greatly benefit all of them.[/QUO
From India, Bhopal
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Sir.kindly.advise Karnataka state private high school teachers are eligible for gratuity if not paid gratuity amount by school what I do.
From India, Bengaluru
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From India, Bengaluru
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This is what I found.
We too are rather confused about whether gratuity is applicable to teachers in Gujarat or not. Through the posts in this forum, I understand it is applicable to non-teaching staff, including computer teachers, librarians, and the heads, coordinators, etc., who work for the same number of hours as non-teaching staff. Can someone please update us with the latest act/ruling, or is it still an impasse?
Do schools have to cater for gratuity for teachers or not?
From India, Vadodara
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We too are rather confused about whether gratuity is applicable to teachers in Gujarat or not. Through the posts in this forum, I understand it is applicable to non-teaching staff, including computer teachers, librarians, and the heads, coordinators, etc., who work for the same number of hours as non-teaching staff. Can someone please update us with the latest act/ruling, or is it still an impasse?
Do schools have to cater for gratuity for teachers or not?
From India, Vadodara
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My query is specifically for unaided private schools. I was told there was another ruling in 2014 that had stayed the implementation of Gratuity for Teachers. Does anyone have a copy of that ruling?
From India, Vadodara
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From India, Vadodara
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According to https://leicesterwea.com/, they are. The only issue is that the rule doesn't apply to every single private school. I would recommend speaking to your principal because these days, you can never be sure.
From Ukraine
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From Ukraine
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Hello Everyone,
I work as an HR at a private unaided school and have been involved in multiple rounds of labor court cases in the past few years concerning gratuity for teachers. Recently, the Government of India amended the Gratuity Act effective from 6th May 2016, meaning that teachers retiring after this date will be ineligible for gratuity.
Please refer to the Repealing and Amending Act of 2016, where the gratuity for teachers has been completely repealed in its entirety (amended). I am attaching the complete guide, which indicates that teachers were entitled to gratuity if they retired or left their jobs between 3rd April 1997 and 6th May 2016.
Reference Courtesy: Excelsis Advisors
From India, Mumbai
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I work as an HR at a private unaided school and have been involved in multiple rounds of labor court cases in the past few years concerning gratuity for teachers. Recently, the Government of India amended the Gratuity Act effective from 6th May 2016, meaning that teachers retiring after this date will be ineligible for gratuity.
Please refer to the Repealing and Amending Act of 2016, where the gratuity for teachers has been completely repealed in its entirety (amended). I am attaching the complete guide, which indicates that teachers were entitled to gratuity if they retired or left their jobs between 3rd April 1997 and 6th May 2016.
Reference Courtesy: Excelsis Advisors
From India, Mumbai
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Gratuity Act-Teachers-Ma dhya Pradesh.docx
Gratuity Act amendment to include Teachers.pdf