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Private school denying for gratuity

(Querist) 12 September 2017 This query is : Resolved 
Hello sir
I have worked with private school for 5years 4 months. At the end of 4th month I resigned from the post giving 3mnths notice, but after 1 month 13 days I had to resign again mentioned unavoidable circumstances. Now they are asking me to pay 1 month salary, then only they will give me experience certificate. N when I asked for gratuity they just denied.
My questions are 1. Am I eligible to give 3mnths notice, as I had not got any written appointment letter neither signed any contract with them.
2. Am I eligible for gratuity as I was on scale as per 6th pay commission. Was getting form 16 too.
Rajendra K Goyal (Expert) 12 September 2017
According to Payment of Gratuity amendment Act 2009, Now Private school teacher are eligible for gratuity w.e.f. 3 rd april 1997. Supreme court judgement in 2004 has been superceded by this amendment.

Also visit:
Guest (Expert) 12 September 2017
How many regular employees were working in the school?
Kumar Doab (Expert) 12 September 2017
ASAP: Submit FormI under proper acknowledgment and mention that 'Notice of Determination of Gratuity' and payment has not been supplied, to you.
Kumar Doab (Expert) 12 September 2017
Hope you have the copy, POD, and acknowledgment and acceptance of notice of resignation and final resignation.

Rquest in writing to supply: 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……………
Kumar Doab (Expert) 12 September 2017
Notice period is part of service conditions that are accepted between employer-employee and reduced in writing.

If there is None then employer should not press for it.

For teachers you can benefit from the illustrated link provided by Mr. Rajendra K Goyal.
Guest (Expert) 12 September 2017
Notice period has nothing to do. Only effective service period is recognised for the purpose of gratuity.
Kumar Doab (Expert) 12 September 2017
Apparently all transactions/discussions/declinature etc etc that you have posted are verbal.

Build irrefutable written record.
Submit as already suggested above.

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