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Kaushik Shetye   16 November 2016

Final settlement

I worked in a school as an admin officer for four years & 10 months. 2 months less for the period eligible for gratuity. after submitting the resiganation & got my salary as well as PF. but i did not get my encashment of leave for five years.Please advise.



Learning

 6 Replies

Ms.Usha Kapoor (CEO)     17 November 2016

You are eliigble for gratuity if you work aboveground for 4 years 8 months for 5 days a week. If you fulfil thse conditions you are eligible for gratuity. Already you got leave encashment.You got PF etc.If you work  5days a week raise the above contentions of working above the ground for  5 days a week and hence entitiled to gratuity for working 4 years  8 months.If you appreciate this answer please convey forum thanks  by cliking thanks.

G.L.N. Prasad (Retired employee.)     17 November 2016

You have worked as Admn Officer and you may be knowing the rules more than any one else.  Please send a Registered  notice demanding for encashment of salary and as well gratuity, and ask them if they wish to reject the cliam, provide such rule under which you are not entitled for such claims.  Wait for a Month and then decide further course of action.

But before that , make a personal call and seek reasons for such disentitlement if any.

Kumar Doab (FIN)     17 November 2016

You have not posted the school is ;Pvt,Govt,aided,local bodies etc etc.

In any case:

Refer to payment of Gratuity Act,1972;

The employer is under obligation to supply the 'Notice of Determination of Gratuity' and payment within 30 days from LWD or interest @10%pa is to be paid.

 

You may write to employer  ( under proper acknowledgment) that both have not been supplied to you and FormI is attached.

 

The leave encashment etc is as per enactments that apply to establishment say; Shops & Estbs Act and if you are covered by the de. of 'Employee' as in the Act you can refer to the enactments....................

 

If establishemnt and you are covered then establsihment can provide superior benafits, but not inferior.

Relate with Leave Rules and service rules for everything you want and write to employer, of course under proper acknowledgment.

 

Come back in case of any more issues. 

 

 

Kaushik Shetye   17 November 2016

It is a Pvt. Unaided school. I got my appointment letter on the last day of working when I submitted no dues certificate signed by all the sections os the school. There are things goies according to the whims & fancies of the Principal Madam. No body can approach the Trustees. Trustees are also not bothered to see what is happening behind their back. They visit the school only three or four times a year....Admission forms selection day, Annual Function day, Sports day, any major financial expenses involment as far as the construction is concern..Total Hitlership is going on.

Kumar Doab (FIN)     17 November 2016

Payment of Gratuity Act, 1972 should apply.

Look into other enactments and leave rules as per enactments, and leave policy of the school, and relate.

In any case you can represent to Principle, employer, Managing Commitee and appropriate forum. 

Kumar Doab (FIN)     17 November 2016

Payment of Gratuity Act, 1972 should apply.

Look into other enactments and leave rules as per enactments, and leave policy of the school, and relate.

In any case you can represent to Principle, employer, Managing Commitee and appropriate forum. 


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