Gratuity rule in case of death - worker expired on the 2nd day of work - CiteHR
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A worker joined our company, on the 2nd day of work he expired. Should we pay him gratuity? This was a question asked in an interview. Pl help
Dear Piyashi,
Yes, in your case you have to pay grauity for one year.
Because In case of death the gratuity act stands silent, and wherethere is sailent feature of act you have to give benefits in favour of employee/worker. If you have insured the grautuity then in that case you have to pay him gratuity upto his attaining the age of 58 years.

Dear Piyashi,
Sorry for earlier reply,
In the case of death while in service, the time limit for eligibility clause of 5 years is not applicable. the benefit is paid to the dependants for a full term as it is done in the case of retiring employee as per terms and conditions of employment on retiring age.
For the past service, if any , is calculated on actual basis and rest on assumed basis as if he is on continuous service

In case of Death before completion of Six month service deceased employee will not be eligible for Gratuity.
You are mistaken.Gratuity Act is not silent on death cases.In case of death or total permanent disability the nominee/employee will gratuity after a minimum of one yrs continuous service.As per the Act employee is not eligible for gratuity for the remaining service.
Varghese Mathew

Dear All,
Thanx for your responses. But these left me more confused....what will be the minimum eligibility period for getting gratuity in case of death after next day of joining? Moreover, if he is a contract staff? pl reply

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