In case the continuous service (working days) is more than 4 years and 250 days. The employee is eligible for gratuity.
The formula for calculation is already provided in the thread.
However, in my experience where we have settled the gratuity of a permanent worker in case of his death, the LIC settled the full claim considering till age 58 yrs. Though the worker when died was only 35 yrs.
The MP Govt Website too calculates the death cum retirement calculation on same basis.
The Gratuity Act, however is silent in this regards and clarify only that regardless of years of service Nominee / Legal heir is eligible to claim for Gratuity in case of death of worker / employee.
From India
The formula for calculation is already provided in the thread.
However, in my experience where we have settled the gratuity of a permanent worker in case of his death, the LIC settled the full claim considering till age 58 yrs. Though the worker when died was only 35 yrs.
The MP Govt Website too calculates the death cum retirement calculation on same basis.
The Gratuity Act, however is silent in this regards and clarify only that regardless of years of service Nominee / Legal heir is eligible to claim for Gratuity in case of death of worker / employee.
From India
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Gratuity Orissa Mining Case.pdf
Gratuity calculation.doc