Good Morning to all,
I am working in a Private English medium school as a clerk. I joined the institution in 2005 and will be resigning on 30th Nov 2021. I have given notice on 01.10.2021. My question is can I apply for gratuity in the school or it is only for the teachers not for the office staff.
From India, Patna
I am working in a Private English medium school as a clerk. I joined the institution in 2005 and will be resigning on 30th Nov 2021. I have given notice on 01.10.2021. My question is can I apply for gratuity in the school or it is only for the teachers not for the office staff.
From India, Patna
Dear Colleague,
As you are working as a " Clerk" in the school you are entitled for Gratuity provided your schools employs 10 or more persons ( kindly read below). If so you may apply for gratuity.
Payment of Gratuity Act 1972:
Sec 1(3). Applicability : It shall apply to, ---
(a) every factory, mine, oil-field, plantation, port and railway company ;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf
2(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity
Coming to your second aspect, there was no clarity on whether " Teachers" are employee under the Act which was very well clarified by the Honorable Supreme Court of India in Birla Institute of Technology Vs. State of Jharkhand And Others [(2019) 4 SCC 513]. Thus Teachers as well Non-Teaching staff are entitled go get gratuity:
The Birla Case thus clarifies the position in law that amended definition of “employee” is extended to teachers employed in all educational institutions and the said entitlement will be retrospectively effective from 03.04.1997.
Kindly refer a good article on this subject matter following the below link:
https://www.barandbench.com/columns/...aching%20staff.
All the best and God Bless
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
305As you are working as a " Clerk" in the school you are entitled for Gratuity provided your schools employs 10 or more persons ( kindly read below). If so you may apply for gratuity.
Payment of Gratuity Act 1972:
Sec 1(3). Applicability : It shall apply to, ---
(a) every factory, mine, oil-field, plantation, port and railway company ;
(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf
2(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity
Coming to your second aspect, there was no clarity on whether " Teachers" are employee under the Act which was very well clarified by the Honorable Supreme Court of India in Birla Institute of Technology Vs. State of Jharkhand And Others [(2019) 4 SCC 513]. Thus Teachers as well Non-Teaching staff are entitled go get gratuity:
The Birla Case thus clarifies the position in law that amended definition of “employee” is extended to teachers employed in all educational institutions and the said entitlement will be retrospectively effective from 03.04.1997.
Kindly refer a good article on this subject matter following the below link:
https://www.barandbench.com/columns/...aching%20staff.
All the best and God Bless
Dr.P.SIVAKUMAR
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Hello,
Employees who have completed five years in an organization with ten or more employees any day of the preceding twelve months meet gratuity eligibility.
The Gratuity Act clearly states that “employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity.
So, you can be denied gratuity payment only if you ever caused damage or loss to any property during your service period.
Hope it helps.
From India, Noida
Employees who have completed five years in an organization with ten or more employees any day of the preceding twelve months meet gratuity eligibility.
The Gratuity Act clearly states that “employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company, or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity.
So, you can be denied gratuity payment only if you ever caused damage or loss to any property during your service period.
Hope it helps.
From India, Noida
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