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KIRTI28.AUTI
16

IF THE PERSON HAS COMPLIED 3 YER IN ORGANIZATION AND IN ANY INCIDENCE IF HE DIED THEN WILL HE ELIGIBLE FOR GRATUITY AMOUNT?
From India, Pune
abbasiti
517

Dear Kirti,
There is no requirement of minimum service to get Gratuity in the case of death. I shall quote the provision as under:-
4. Payment of gratuity.- (1) Gratuity shall be payable to
an
employee on the termination of his employment after he has
rendered
continuous service for not less than five years,--
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or
disease:
Provided that the completion of continuous service of five
years
shall not be necessary where the termination of the employment of
any
employee is due to death or disablement:
Abbas.P.S

From India, Bangalore
psdhingra
387

In death case the condition of 5 years of service does not apply. The employer has to pay the gratuity due to the heirs of the deceased employee under Sec.4(c) and proviso thereunder.
From India, Delhi
varghesemathew
910

Don’t need 3 years service. If an employee with one years continuous service is terminated due to death or disablement , he also is eligible for gratuity.
From India, Thiruvananthapuram
govindpawar2007@yahoo.co.in
6

Dear Ms Kirti,
Yes...He is eligible for Gratuity.
Since, this is the Death case.
Section 4 (1) (c)-
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement.
Govind Pawar
Cell - 9823411433

From India, Mumbai
shanmuganathan@bombayrayon.com
6

In case of death , there is no need of continuous service of 5 years. But the gratuity will be paid only for the actual year of service. In the above case, the gratuity is payable for 3 years. It is calculated as follows.
Basic + Dearness allowance / 26 * 15 days x 3 years.

From India, Bangalore
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