Is the private school teachers applicable for gratuity ?

Refer to;

THE PAYMENT OF GRATUITY ACT, 1972;Sec;1(3),4,7

https://lawmin.nic.in/ld/P-ACT/1972/The%20Payment%20of%20Gratuity%20Act,%201972.pdf

He can for 25 years of service.

The employer should pay on IT’s own.

The employee while completing exit formalities may write under proper acknowledgment to supply requisite forms/procedure for NOC/NDC, handover of charge/assets, FnF statement-settlement, Gratuity, service certificate, relieving letter etc etc  ………………..and arrange to make the payment of FnF dues and service related docs

If IT does not employee may write that ‘Notice of Determination of Gratuity’ and payment has not been supplied despite representation on dated…………..to Mr/Ms…………….

If employer does not pay within 30days from LWD IT is liable to tender interest for the delayed period @10%pa.

The retrospective date is for Teachers and not for Non teaching staff.

Respected sir

Myself Kishore Kumar Pandey ,working in a privated school since 1/12/2005 as TGT.School is not paying yet gratuityto any emplyee. Can I elligible to get gratuity at the time of retirement or If I leave the job earlier?  Recently two teachers retired from the service but did not get the gratuity.

Hence I want to know that how to claim the gratuity and where should we go?

Regards

Dear LCI querist @ Mr. Kishore Pandey

What is the number of employees?

Do all employees have record and irrefutable evidence of  employment e.g; offer letter, appointment letter, salary slips, PF number/ESIC card, Form 16, Date of Joining etc  etc etc ?

The affected employees (You) may carefully go thru; Payment of Gratuity Act,1972; 1, 2,2A,4,7,9 https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

and check if your establishment is covered ( as per number of employees) and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

  and simple to understand Rules by your state e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

Employee (e.g; You) should consult and take help of elders in the family, competent and experienced well wishers, seasoned employees/trade union leaders, Teachers forum, officials in Directorate of Education, etc and a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service   matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the case related docs etc etc for a considered opinion to handle any situation…properly.

With time and experience majority of the employee become properly informed and are able to handle the matters with their own knowledge and skills; persuasion, persistence, negotiation, reasoning…  

Perspectives; Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………    

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’ {that should contain DOJ-LWD, (Basic +DA) as per last drawn salary, NO. of years in service}, Gratuity payment, requisite forms are not supplied and may be supplied…    

The employer is under obligation to reply and agree to pay or decline to pay citing reason.

Gratuity= {(Basic+DA)/26*15*No. of years in service}

(Basic +DA) as per last drawn salary,

Employee can submit FormI under proper acknowledgment..

If employer does not pay within 30days from LWD IT has to tender interest @10%pa… You can very well take help of….. as suggested above. If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal  notice may not be required)...........  Someone can also represent you as ‘Authorized representative’ as provided for in the Act… 

Good day Sir

I am working as an HR in  private school and as per the new Gazzatte Notification, Teachers are no longer covered under gratuity act, i.e. teachers retiring after 6th May 2016 are ineligible for gratuity.

Recently I have been doing rounds of Mumbai labour court as there is a case pertaining to a teacher who worked since 1974 and retired in 2003, she is claimimg Gratuity from her date of Joining and not the retrospective effect of april 1997.

Can you please share any court order which states that the schools needs to pay teacher only from 1997 and not the date of joining?