Hello sir,
I wish to seek help from you regarding the following situation:
My mother was a teacher in a private school since 1st July 2004. After serving for 8 years, she resigned from the school on March 22nd, 2012, with one month's notice. Despite submitting an application along with FORM 'I' for terminal benefits like PF, Gratuity, and an experience certificate, the school management, as of today (4/07/2012), has not provided any response or benefits.
Despite sending reminders and personally meeting the principal, they verbally stated that gratuity is not payable because they considered her appointment as purely temporary, with a 2-month break each year for the May and June school vacations. Her initial appointment was for 10 months, from 1st July 2004 to April 2005. Subsequently, she was reappointed from 1st July 2005 to April 2006. Thereafter, no further appointment was issued, but she continued her service until 22nd March 2012.
The school issued an experience certificate spread across 4 separate letterheads, indicating years of service with an intention to suggest a break during vacation periods. It is important to note that the entire school was not in session during the summer vacation, meaning there was no attendance of teachers and students.
Interestingly, another teacher from the same school who resigned a year ago received all benefits despite working under similar terms and conditions as my mother.
Regarding gratuity, the school claims she has not completed 5 years of service as required by the Gratuity rule. However, she completed 8 years of service with a single employer, with PF deductions made from July 2004 to March 2012 under the same employer's account.
I seek your advice on the following matters:
1. Is she eligible for gratuity for 8 years of service, even though her initial appointment was for 10 months?
2. Are there any clauses in the Gratuity Act regarding temporary/permanent employment for gratuity eligibility?
3. Does she have the right to receive an experience certificate on a single letterhead showing her complete length of service?
Thank you for your assistance.
With regards,
FIROZ. S.
From India, Bhopal
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I wish to seek help from you regarding the following situation:
My mother was a teacher in a private school since 1st July 2004. After serving for 8 years, she resigned from the school on March 22nd, 2012, with one month's notice. Despite submitting an application along with FORM 'I' for terminal benefits like PF, Gratuity, and an experience certificate, the school management, as of today (4/07/2012), has not provided any response or benefits.
Despite sending reminders and personally meeting the principal, they verbally stated that gratuity is not payable because they considered her appointment as purely temporary, with a 2-month break each year for the May and June school vacations. Her initial appointment was for 10 months, from 1st July 2004 to April 2005. Subsequently, she was reappointed from 1st July 2005 to April 2006. Thereafter, no further appointment was issued, but she continued her service until 22nd March 2012.
The school issued an experience certificate spread across 4 separate letterheads, indicating years of service with an intention to suggest a break during vacation periods. It is important to note that the entire school was not in session during the summer vacation, meaning there was no attendance of teachers and students.
Interestingly, another teacher from the same school who resigned a year ago received all benefits despite working under similar terms and conditions as my mother.
Regarding gratuity, the school claims she has not completed 5 years of service as required by the Gratuity rule. However, she completed 8 years of service with a single employer, with PF deductions made from July 2004 to March 2012 under the same employer's account.
I seek your advice on the following matters:
1. Is she eligible for gratuity for 8 years of service, even though her initial appointment was for 10 months?
2. Are there any clauses in the Gratuity Act regarding temporary/permanent employment for gratuity eligibility?
3. Does she have the right to receive an experience certificate on a single letterhead showing her complete length of service?
Thank you for your assistance.
With regards,
FIROZ. S.
From India, Bhopal
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She is eligible to get gratuity since, as per the amended Act, teachers are also considered employees. Breaks in service will not affect the gratuity, provided she has worked at least 240 days in each year.
Regarding the service certificate, it is purely at the discretion of management, and you cannot demand a service certificate in the format you prefer. Normally, one certificate will be issued in which her period of service will be separately mentioned.
Madhu.T.K
From India, Kannur
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4771Regarding the service certificate, it is purely at the discretion of management, and you cannot demand a service certificate in the format you prefer. Normally, one certificate will be issued in which her period of service will be separately mentioned.
Madhu.T.K
From India, Kannur
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