23rd December 2013 From India, Bangalore
I dont think the employer has to pay gratuity for employee's demise. Gratuity is paid only for employee's who worked for more than 5 years but provision is there for disablement.
The law says:
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:
4*[Provided further that in the case of death of the employee, gratuity payable to him shall be paid to his nominee or, if no nomination has been made, to his heirs, and where any such nominees or
heirs is a minor, the share of such minor, shall be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be
prescribed, until such minor attains majority.]
Lets wait for more comments on this.....
23rd December 2013