Thread Started by #alexsindhu

A Contract workmen is working in the organisation for past 15 years and his last working day is 31.01.2017. Due to his disease (cancer) he was unable to work but he got ESI (90% of wages ) from 01.02.2017 to 27.11.2018. For the calculation of gratuity which dated should be take?????
Whether his last working date (or) his death date??????
15th March 2019 From India, Coimbatore
Dear Alex, SINCE you have said that his last working day was 31.01.2017.
Take only his last working day for Gratuity calculation.
15th March 2019 From India, Hyderabad
Date of death will be last working day.
27 Nov 2018.
15th March 2019 From India, Pune
In Gratuity Act which section indicates this????
15th March 2019 From India, Coimbatore
As per Section 4 of the Payment of Gratuity Act 1972, Gratuity becomes payable on the date of termination of service.While on ESI benefit period one is still in service and the termination of service has happened only on 27th November 2018.
15th March 2019 From India, Mumbai
Hi
Whichever took place earlier will be the date for calculation of Gratuity [last day at work or death]. Payment of Gratuity Act is not concerned as to what ESIC does to its subscribers.

Thanks and Regards
15th March 2019 From India, Hyderabad
We offer Advisory Services on receipt of Management request of Indian Companies spread in all Sectors of Indian Economy for the administration of Group Gratuity Trust, Employee Retention Scheme, Long Service Awards Scheme, Change in Gratuity Policy for Benefit Enhancement of Gratuity Payment to Employee as per the Payment of Gratuity Act. 1972 amended. Our Advisory Services covers all aspects (i.e.Legal, Income Tax & Accounting related) for the creation of the Group Gratuity Trust Fund. We have a team of experts having decades of experience in handling the Legal, Accounting and Income Tax related issues of the Gratuity Benefits, Group Gratuity Trust Fund, and Employee Retention Schemes.



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16th March 2019 From India, Delhi
Combined reading of sec 2A and 4 of POG Act shows that date of death is the date to be reckoned if employee has not resigned or employee was not terminated from last working day.

Varghese Mathew
Labour law/HR Adviser
Tvm
18th March 2019 From India, Thiruvananthapuram
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