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Amit Sharma (Founder)     29 May 2021

School Employer Not Giving Pending Salary, Gratuity and Experience Letter

Hi

I have a small query. My friend is a teacher in a private school in West Delhi and worked in same school for 10 years.

last year she resigned and stopped working from the teaching job and sent resignation to the school management and the school management didn't acknowledge that resignation. Since last 1 year she is requesting for
1) pending salary
2) gratuity
3) experience letter etc.

please advise now should she send legal notice or apply through Education Tribunal etc.

Experts please advice further course of action.


Learning

 6 Replies

Sankaranarayanan (Advocate)     29 May 2021

yes consult local lawyer with all relevant records and details and as per the advice she can issue a legal notice to the school management for demand her dues.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     29 May 2021

There is education tribunal. Let her arrange to send a legal notice

Amit Sharma (Founder)     29 May 2021

Can you please guide how to approach education tribunal and how the legal notice will be served to the school management?

Ritesh Maity (Labour Law Advocate)     29 May 2021

For the outstanding salary, she needs to send a notice/ legal notice demanding the salary. If the salary is not paid, then she may approach civil court and not labour court as she is not workman. Further factual details is required.

For gratuity, the employee needs to first send Form I to the employer, wait for at least 30 days. If the gratuity amount is not paid then the employee can make application in Form N before the Controlling Authority appointed under the Payment of Gratuity Act.

Regarding the experience letter, the is no law which can compel an employer to issue experience letter. You have to convince the management yourself. But I am afraid if you initiate proceedings to recover the salary and gratuity first, employer would be reluctant to give you any experience letter. However, you can easily prove your tenure of service by letter of appointment, resignation letter and last pay slip.

sneha jaiswal   31 May 2021

Hello, Greetings of the day!
For the query you posted,
With the necessary evidence to prove that the school is not paying the salary, accepting the resignation also not delivering the experience letter and gratuity, complaint to the concerned higher authorities. And, you can also file a petition in the concerned education tribunal for redressal of your grievances.
Hope it helps
Regards,
Sneha Jaiswal
Law Student
 

Amit Sharma (Founder)     31 May 2021

Hi Can you please guide me how to file a petition in education tribunal for the redressal of the said issue?

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