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Amit Sharma (Founder)     17 December 2020

Need advice-injustice done by school management

Hi, 

I am a Teacher and was working in the Reputed Public School of Delhi From April to May 2020 (owned and managed by the family as their family business). It's a comprehensive school with multiple branches and over 200 teachers' staff, etc. 

I need advice from the lawyer community on the injustice done towards me by the School Management for not giving me (after resignation)-
1) Last Working Month Salary :
2) Gratuity as I have worked for over 10 years.
3) Security Deposit which I had deposited at the time of joining.
4) PF (they never deducted but they come under PF as School has more than 200 Teachers) so I am not sure on PF.
5) Work Experience Letter 

As I Am working in the same school since 2010 but in 2017, they had transferred me to the other branch of the same school for the betterment of the newly opened branch in 2017. For which the management asked me to just give a resignation letter to complete some formal paperwork. I had also been assured that things will remain the same. In fact, I was getting a salary in the same bank account from 2010 to April 2020. 

During my tenure, it had awarded me with the Distinguished Teachers' Award by the Rotary Club in September 2019, for which my Same school only had nominated me. 

After my resignation when I asked the school to clear my dues( gratuity, pending salary, security deposited at the time of job joining, etc) along with my experience letter, they are simply refusing for the same and mentioning I was their employee till 2017 because they took resignation themselves as being transferred to newly opened branch but as stated above getting salary in same bank account till April 2020.

I would request you to please advise me on the right course of legal action to proceed and get my dues and experience letter, which is my right as I have given over 10 years of my crucial time.

I will appreciate your prompt valuable advice.

Regards 
Priyanka



Learning

 2 Replies

Ritesh Maity (Labour Law Advocate)     17 December 2020

Originally posted by : Amit Sharma

Hi, 

I am a Teacher and was working in the Reputed Public School of Delhi Since April to May 2020 (owned and managed by the family as their family business). Its a big school with multiple branches and more than 200 teacher staff etc. 

I need an advice from lawyer community on the injustice done towards me by the School Management for not giving me (after resignation)-


1) Last Working Month Salary

First demand the salary in writing => send legal notice => Approach appropriate authority/ court to demand the same. 


2) Gratuity as I have worked for more than 10 years.

Send Form I to the employer => If not paid file an application in Form N before the Controlling Authority


3) Security Deposit which I had deposited at the time of joining.

It is very much unethical to ask for any deposit from an employee at the time of employment. However, assuming that you have not protested about such deposit during your tenure of service, it will be useless to protest about it now. Hence, you may ask the employer to refund the amount in writing => if they don't then you have to send legal notice and may also have to initiate legal proceedings. 


4) PF (they never deducted but they come under PF as School has more than 200 Teachers) so I am not sure on PF.

It seems that you fall under the category of excluded employee under PF having salary more than Rs.15,000 per month and not voluntarily applied for. Hence, though your school is covered under PF, yet you are exempted from it. 

 
5) Work Experience Letter 
You may request the HR but there is not law which can compel an employer to issue experience letter.


As i am working in same school since 2010 but in 2017, I had been transferred to the other branch of the same school for the betterment of the newly opened branch in 2017. For which the management asked me to just give a resignation letter for the purpose of completing some formal paper work. I had also been assured that things will remain the same. Infact I was getting the salary in the same bank account from 2010 to April 2020.

It seems that it was intentionally done to break your service. Though debatable, the employer may take the plea that you are entitled to gratuity for 7 years only (2010-2017). 

During my tenure I had been awarded with the Distinguished Teachers' Award by the Rotary Club on September 2019, for which I had been nominated by my Same school only. 

After my resignation when I asked the school to clear my dues( gratuity , pending salary, security deposited at the time of job joining etc) along with my experience letter, they are simply refusing for the same and mentioning i was there employee till 2017 because they taken resignation themselves as being transferred to newly opened branch but as indicated above getting salary in same bank account till April 2020.

I would request to please advice me right course of legal action to proceed and get my dues and experience letter which is my right as I have given more than 10 years of my crucial time.

Your prompt valuable advice will be appreciated.

Regards 
Priyanka

 

The answers are in bold.

Isaac Gabriel (Advocate)     22 December 2020

Rightly advised bt Expert Amit Sharma. Follow it.


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