R.N.Khola
Labour Laws & Ir
Mahaender Siingh
Private Job
N.Neelam
Manager - H.r.
+1 Other

Dear,
One of our employee, age 50+, joined the orgnisation in April 09, had a heart attack on 25th July 09 in office hrs and before reaching at hospital he passed away. Under this situation please clarify;-
1. Is he eligible to get gratuity (Y/N)? If yes definately on prorata basis.
2. Does Company need to give other Compensation & Benefits under this situation as per the Law.
Regards
Mahender
2nd August 2009 From India, Faridabad
Dear Mahender,
1.His nominee or the legal heirs are not entitled to any amount of gratuity.
2.Plz tell us which of the laws are applicable to your organization & under which of the laws this employee was covered for getting the benefits & compensation?
Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

2nd August 2009 From India, Delhi
Dear Mahender Singh,
Then you are to give his full & final payment to his nominee or the legal heirs treating as a resignation case for this period of service. If the employee was covered under the ESI Act then approach the Local Office for the benefits if any.
Opinion submitted as requested.
Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

4th August 2009 From India, Delhi
Hi Khola, 1. Why is the dead employee not eligible for Gratuity? I feel he is eligible because he died , he was not able to complete 5 years of continuous service. Regards Neelam
5th August 2009 From India, Madras
Dear Mahender, As he has completed 3 months of service, he is eligible to may be eligible to other compensation benefits. Plz tell us the laws under for this.. Devaraj Asst. Manager HR MW Zander
5th August 2009 From Germany, Leonberg
Dear Mahender,
demised person is eligble for gartuity & discuss with ESI Manager
Gratuity Act says: • In case of death or disablement, the gratuity is payable, even if he has not completed 5 years of service
5th August 2009 From India, New Delhi
Dear N.Neelam,
How a dead / expired employee will be getting any benefit ,if any. Moreover plz let me know which section or rules allows any amount of gratuity for this period of service. Also calculate the amount for this period.
Regards,
R.N.Khola

(Labour Law & Legal Consultants)
09810405361

5th August 2009 From India, Delhi
Sir,
As per gratuity Act, any employee covered under the Gratuity Act, who have not completed 5 years of continuous service, during the period , the employee died or disablement, the gratuity is payable, even if he has not completed 5 years of service.
The gratuity calculation: Suppose age of retirement is 60 yrs
Date of Joining to Date of death ( last drawn salary / 26 days * 15 days *No. of years of service plus
Insurance coverage ( ie date of death the employee age is 40 years, insurance coverage is proportionately
calculate upto to 60 years.
even if he has not completed 5 years of service he is eligible for gratuity in case of death.
V.SELVAKKUMAR
14th July 2017 From India, Pollachi
Add Reply Start A New Discussion

Cite.Co - is a repository of information created by your industry peers and experienced seniors. Register Here and help by adding your inputs to this topic/query page.
Prime Sponsor: TALENTEDGE - Certification Courses for career growth from top institutes like IIM / XLRI direct to device (online digital learning)





About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™