Labour Law & Hr Consultant
+1 Other

Dear Seniors,
pls help me, if any employee dies before completing his 05 years service(worked for 02 years 04 months), is he eligible for gratuity. If he is eligible what is the service period we have to count.

From India, Hyderabad
Gratuity is payable only if an employee completes 5 years of continuous service in a company, but in case if he dies before this period, on compassionate ground you can disburse @ 15 days per year of service rendered
From India, New Delhi
Dear Mr.Kumar,
Employee's death while in service is a statutorily recognised mode of termination of employment which requires no minimum continuous service of not less than five years for payment of gratuity. As such, I think that it is a legal obligation cast on the employer to pay gratuity rather than a matter of compassion. Well, regarding the method of calculation in such a case, the employer has to arrive at the entitlement on the basis of one year or six months period as contemplated under Sec.2-A(1) of the Payment of Gratuity Act,1972.

From India, Salem
gratuity pay after 5 year but any employee dies while in service then company have to pay him total year service gratuity to that employee.
From India, Gurgaon
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