Labour Law & Hr Consultant
Director - Hr
Recruitment/talent Acquisition, Career Counselling
23rd July 2015 From India, Mumbai
If she has not worked for 240 days in a particular year, you need not consider that year for paying gratuity. You calculations will be for 6 years. Date of joining will be considered not the co registration for calculating gratuity.
23rd July 2015 From India, Hyderabad
Nomination (Sec 6)
Each employee who has completed one year of service is required to make a nomination
for the purposes of gratuity in case of his death. There can be more than one nominee.
Nominees may be changed at any time by the employee, by giving a written notice to the
employer. (Form H).
If no nomination has been made, it shall be paid to the legal heirs of the deceased
employee or if the heirs are minor, the share of such minor shall be deposited by the
controlling authority with a bank till he attains majority.
if no nomination is named , you may ask nominee to prove they are legal heirs of the deceased person. By providing certificate like family ration card, marriage invitation etc.
29th July 2015 From India, Chennai
1st August 2015 From India, Salem
When did the employee take 1 year leave?
IF it happens to be somewhere in between.....thereby NOT completing 5 CONTINUOUS years of service, she wouldn't be eligible for Gratuity--the key word will be CONTINUOUS like other members mentioned.
19th August 2015 From India, Hyderabad