Promotion Benefits Promotion Benefits

7 months ago

1. Appointed in a private English medium school in 2014 run by a very renowned cement company at that time I was given for 6th pay commission benefits according to that my EPF contribution, Gratuity and earned leave encashment was calculated on my gross salary but after one year in 2015 I was promoted and I was given a new pay system and all my benefits like EPF contribution, Gratuity and earned leave encashment was started on my basic salary in this situation what can I do ?
2. I was also given two Leave without payment even I was having earned leave and CL in my account, will it be treated as break in my service and effect on my gratuity.
Thanks

Anik

Responded 7 months ago

View All Answers
A.Dear Client,
I can provide some general information that might be helpful in your situation:

Change in Pay System:

The change in your pay system from gross salary to basic salary for the calculation of EPF contribution, gratuity, and earned leave encashment is a matter that needs to be addressed with your employer or through legal means if necessary.
You may want to review your employment contract and any relevant policies or agreements to see if there were any provisions related to changes in the pay structure.
If the change in pay structure has affected your benefits significantly, you may want to consult with an employment attorney to explore your legal options.
Leave Without Payment and Gratuity:

Leave without payment typically refers to a period when an employee is granted unpaid leave and is not paid salary for that period. Whether it affects your gratuity would depend on the specific policies and terms of your employment.
In many cases, taking leave without pay may not directly impact your gratuity, as gratuity is typically based on the total service period and basic salary at the time of separation.
However, it's essential to review your employment contract, company policies, and relevant labor laws to understand how leave without payment is treated in your situation. If there are any concerns or disputes, you may wish to seek legal advice.
Thank you.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 7 months ago

View All Answers
A.Dear Client,
After one year of your employment your being promoted in a higher post cannot change or affect the service-linked benefits you were getting in your earlier position. Promotion to a higher position itself hikes pay and service-linked benefits/parks. So for any kind of grievance against your employer, a teacher either of private or public school may submit his or her grievance in writing to the Convener or Member Secretary of the School Management Committee (SMC) which is the first level of grievance redressal mechanism at the School level failing which complaint can be lodged to NCTE by addressing the letter directly to the Nodal Officer (Complaints), NCTE and giving the specific facts of the matter. The complaints can also be lodged directly by sending an email: [email protected]. In case your grievance is not resolved, then get in touch with an Advocate to serve a legal notice to the Head of the School and for further legal action as suggested by the Advocate.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconNeed help in securing my stake that was promised verbally
Dear Client, Verbal promises or commitments as to a 4% stake in the company do not constitute a valid agreement. So, in absence of a contract on the subject, you can't sue or take any action against t...
question iconSeeking Legal Advice Regarding Employment Issue
Dear Client, Usually, PSUs enter into agreements with outsourcing agencies that provide manpower for a particular project or for general day-to-day work in a particular department. PSUs go for outsour...
question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...