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
Acknowledge(0)
Amend(0)
1Please 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
Acknowledge(0)Amend(0)
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
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
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, it is a legal obligation imposed on the employer to pay gratuity rather than a matter of compassion.
Method of Calculation
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
Acknowledge(0)Amend(0)
Method of Calculation
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
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Death Gratuity Calculator for W.B.Govt employee.xls
Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx