Unaided school staff cannot be denied gratuity or PF: SHRC

The Kerala State Human Rights Commission has ruled that unaided schools cannot deny service benefits like gratuity, provident fund, or subsistence allowance to their staff. The directive follows a complaint from a teacher who was denied these benefits after being suspended and subsequently terminated.
Why it matters
This decision sets a legal precedent for the protection of labor rights for employees in the private, unaided education sector in India.
Denial of service benefits such as subsistence allowance, gratuity, or provident fund (PF) to unaided school staff is unlawful, the Kerala State Human Rights Commission (SHRC) has said.
The commission’s directive comes in the wake of a report by the Director of General Education that the State government has not issued an order defining the service and wage conditions of unaided school employees.
Commission chairperson Alexander Thomas was taking action on a petition by a Malayalam teacher of a higher secondary school at Kamukinkode. The complainant alleged that she was suspended on July 13, 2023, on the basis of a false complaint and sacked in April 24, 2024. However, she was given no benefit such as subsistence allowance during the suspension period, the complainant said.
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