Dear Seniors,
Please help me. If an employee dies before completing his 5 years of service (having worked for 2 years and 4 months), is he eligible for gratuity? If he is eligible, what is the service period we have to count?
Thank you.
From India, Hyderabad
Please help me. If an employee dies before completing his 5 years of service (having worked for 2 years and 4 months), is he eligible for gratuity? If he is eligible, what is the service period we have to count?
Thank you.
From India, Hyderabad
Gratuity is payable only if an employee completes 5 years of continuous service in a company. However, in case the employee dies before reaching this period, on compassionate grounds, you can disburse 15 days' worth of pay for each year of service rendered.
From India, New Delhi
From India, New Delhi
Dear Mr. Kumar,
An employee's death while in service is a statutorily recognized mode of termination of employment, which requires no minimum continuous service of not less than five years for the payment of gratuity. Therefore, I believe that it is a legal obligation imposed on the employer to pay gratuity rather than a matter of compassion.
In terms of the method of calculation in such a case, the employer must determine the entitlement based on a period of one year or six months as envisaged under Sec. 2-A(1) of the Payment of Gratuity Act, 1972.
Thank you.
From India, Salem
An employee's death while in service is a statutorily recognized mode of termination of employment, which requires no minimum continuous service of not less than five years for the payment of gratuity. Therefore, I believe that it is a legal obligation imposed on the employer to pay gratuity rather than a matter of compassion.
In terms of the method of calculation in such a case, the employer must determine the entitlement based on a period of one year or six months as envisaged under Sec. 2-A(1) of the Payment of Gratuity Act, 1972.
Thank you.
From India, Salem
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